Welcome! These terms govern your use of the websites, content and applications of Tidelas (the “Services”).
Please read them carefully.
BY REGISTERING WITH US, AND EACH TIME YOU USE THE SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS.
If you do not agree, do not use the Services.
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About these terms. These Terms and any offers, policies and supplement terms
serve collectively as a contract between you and us (the “Terms”). These Terms are in electronic form and
have the same effect as an agreement in writing. We use the term “we” or “us” to mean Tidelas, its
affiliates and successors in interest, and we use the term “you” or “your” to mean either you as an
individual or the entity on whose behalf you are accepting these terms.
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We may change these terms. We may change these Terms at any time. The changes
take effect after we post the changes. If you don't agree to the changes, you must discontinue your use of
the Services before the changes become effective. Otherwise, the new terms will apply to you.
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About the Services.
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The Services provides information, social networking tools, and features for users. We may, in our
sole discretion, change any aspect of a Services or discontinue a Services without notice or
liability to you.
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You must comply with applicable laws, regulations and ordinances when you use the Services.
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You may not access or use the Services where prohibited by law.
Please note: we offer the Services currently in North America only.
We will let you know if we expand our coverage to other territories in the future.
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Some features of the Services make use of detailed location in the form of GPS signals and other
information sent by your mobile device where your Tidelas application is installed and activated.
Our Services cannot be provided without utilizing this technology. By using the Services, you
consent to our collection and use of your location to provide the Services to you. You understand if
you disable any location tracking with the Services, you will not be able to use the full features
of our Services.
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You agree that third party advertisements may appear on the Services to help us make the Services
available to you. We do not endorse any product offered in the advertisements.
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The Services are only for your personal use, and for educational and entertainment purposes only.
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Registration. If you register with us, you must be at least 18 years of age,
you must provide us with true and accurate information about yourself and you agree to keep this information
up to date. You must keep your user identification and password confidential and supervise the activities of
others using your account. You are responsible for any misuse of your account. We may reject any request for
registration for any reason.
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Your content.
If you post or share content, location, comments or other information, you grant us a non-exclusive,
perpetual license to display, use, adapt, modify, syndicate, create derivative works, monetize, promote
and distribute your content on the Services and through other affiliates in any form. You agree that (a)
your content is true, accurate, current, complete and that you own or have express permission to post
the materials on the Services; (b) you have the authority to post such content and that such submission
will not violate any trade secrets, confidential information, or violate any securities laws; (c) In the
event your content contains the name, image, video, audio or participation by individuals, performers or
entities other than you, that you have obtained such parties’ consent to their appearance or use of
their contribution in the content that you upload; (d) your content will not violate any obligation that
you may have with another; and (e) you agree to indemnify and hold us harmless from all claims, costs
and expenses (including legal expenses) arising out of any content posted or published by you that are
in breach of this section. You grant us an irrevocable release and right to use information about you,
such as your name, photos, videos, and voice you provide to us for the Services.
If you participate in any feature that allows you to share, modify, or combine user content with other
content, you grant us and our users an irrevocable, royalty free, fully paid up, perpetual, worldwide
right and license to use, share, reproduce, modify, create derivative works, display, distribute and
perform your content on the Services. Any suggestions or ideas that you submit to us become our property
and can be used by us for any purpose. We will not pay you for your submissions. We have no duty to
monitor the Services for violations of these Terms; however, we reserve the right to do so. We may
refuse to publish and may remove any content from the Services at any time and for any reason.
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License grant. We give you a personal, limited, non-transferable,
non-assignable and non-exclusive license to access and use the Services for your personal use and subject to
these Terms.
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Your responsibilities. You agree to keep your account information and
password confidential. You are responsible for all activities on your account, including if you permit
others to use the Services through your account, or if others can access your account through any of your
devices that are lost or stolen. You should report to us immediately if you believe your account has been
compromised.
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Restrictions. You may not, nor permit any other party to:
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Copy, record, resell, retransmit, redistribute, modify, translate or otherwise create derivative
works of the Services and its content;
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Export or re-export the Services or its technology and applications in violation of any United
States export law or regulation;
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Violate these Terms, applicable laws, or the rights of others;
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Frame any of the Services’ Web sites, pages or other content;
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Scrape or use any manual automated process to capture data or content from the Services and its
databases;
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Attempt to gain unauthorized access, circumvent our registration process, or use any process to
damage, disable, impair, or otherwise attack the Services or its network and computers;
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Transmit viruses or any other malicious computer code;
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Provide any inaccurate or misleading information, or attempt to impersonate another person or
entity;
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Set up multiple accounts, either manually or through any automated process;
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Post or transmit any advertising, promotional materials, or other forms of solicitation including
chain letters and pyramid schemes;
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Disclose anyone’s identification documents, sensitive financial information or other private or
sensitive information;
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Transmit unlawful, threatening, abusive, tortious or obscene content;
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Publish falsehoods, misrepresentations or libelous Content;
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Publish content that harasses or disparages others on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability; or
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Provide professional advice regulated by the national and local laws of your territory.
We may take any legal and technical remedies to prevent the violation of this provision and to enforce
these Terms. We may report any abuses to legal authorities.
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Proprietary rights. Our licensors and we exclusively own all intellectual
property rights, title and interest in any materials, content, broadcasts, applications, Website
organization and designs, trademarks, trade names and logos on the Services.
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No Spam. You may not use the Services to transmit, directly or indirectly,
any unsolicited bulk communications (including e-mails and instant messages) and unsolicited text messages.
You may not harvest Content or information about our users for the purpose of sending, or to facilitate the
sending, of unsolicited bulk communications. You may not induce or allow others to use the Services to
violate the terms of this Agreement.
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Fees and Payment.
The terms in this Section 11 apply only if you sign up for a fee-based Services. You agree to pay the
applicable fees and charges for purchases, if any, that you make from us. We may limit the number of
promotions for which you may be eligible in a given period. Your payment and renewal terms at the time
you make a purchase from the Services are disclosed in these Terms or in the shopping cart; you can also
review your payment terms from time to time by visiting the "My Account" area on the Services.
You agree to give us accurate billing and payment information and keep this information up to date.
Every time you make a purchase, you reaffirm that (a) we are authorized to charge your designated
payment method; (b) we may submit charges incurred under your account for payment; and (c) you will be
responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US
WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from
your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible
for all charges incurred under your account made by you or anyone who uses your account. We may, in our
discretion, post charges to your payment method individually or may aggregate your charges with other
purchases you make on the Services. You agree that any submissions you make for electronic purchases
constitute your intent and agreement to be bound by the terms of and pay for such purchases. All orders
are final and non-refundable.
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Billing Problems and Disputes. You must notify us about any billing problems
or discrepancies within 30 days after they first appear on the statement you receive from your bank. If you
do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the
right to dispute such problems or discrepancies.
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Internet and Mobile Access. You must provide at your own expense the
equipment and Internet connections that you will need to access and use the Services. You are responsible
for all costs you incur for wireless access, including fees for alerts, text messaging (including
receiving/sending instant messages and e-mail), web browsing and other services. If you register for any
services that are delivered by text messages or short messaging, you authorize delivery of such messaging to
the wireless unit and number designated by you and you authorize us to deliver the messaging until you elect
to opt out of such messaging service.
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Term. Either you or we may cancel or terminate access to the Services and
terminate these Terms at any time without notice and for any reason. Your right to use the Services will
end once your Services is terminated, and any data you have stored on the Service may be unavailable later.
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Disclaimer.
WE SUPPLY OUR SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE
THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES
WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. YOU ARE RESPONSIBLE FOR AND YOU ASSUME ALL RISKS FOR
ANY RELIANCE YOU MAKE ON THE SERVICES. YOU AGREE THAT YOU ASSUME ALL RISKS IN USING THE SERVICES. WE,
OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND
NON-INFRINGEMENT.
YOU MUST NOT ATTEMPT TO VIEW OR USE THE SERVICES WHILE OPERATING ANY DEVICE, INCLUDING WITHOUT
LIMITATION, MACHINERY OR ANY TRANSPORTATION DEVICE (WHETHER ON LAND, IN THE AIR, OR WATER). WE SHALL NOT
BE LIABLE FOR ANY INJURY OR DAMAGES TO YOU OR ANY THIRD PERSON IF YOU VIOLATE THIS RESTRICTION.
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Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT
WILL OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, VENDORS, LICENSORS,
DISTRIBUTORS, OR WE HAVE ANY LIABILITY TO YOU FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT LOSSES. IN NO EVENT
SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE
TOTAL AMOUNT YOU PAID FOR THE PARTICULAR SERVICES WITHIN AN IMMEDIATE THREE-MONTH PERIOD.
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Indemnification. Upon a request by us, you agree to defend, indemnify, and
hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and
expenses, including attorney's fees that arise from your use or misuse of the Services. We reserve the
right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with us in asserting any available defenses.
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Privacy. You agree that we may collect and use data about you in accordance
with our Privacy Policy.
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DMCA Copyright Policy. We adopt the following policy toward copyright
infringement on the Services in accordance with the Digital Millennium Copyright Act (a copy of which is
located at http://www.loc.gov/copyright/legislation/dmca.pdf, the "DMCA"). If you believe that content
residing or accessible on or through the Services infringes a copyright, please send a notice of copyright
infringement containing the following information to support@tidelas.com:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we can find it and verify its existence.
- Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
- After removing material pursuant to a valid DMCA notice, we will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. We reserve the right, in our sole discretion, to immediately terminate the account of any Subscriber who is the subject of repeated DMCA notifications.
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General terms.
You may not assign your rights or obligations under these Terms. We may assign these terms at any time.
You and we are independent contractors of each other. If any provision of these Terms is held
unenforceable by a court of law, the remaining terms of this agreement remain in force and effect. These
Terms serve as the final and complete agreement between you and us regarding your use of the Services.
You agree to accept all terms and notices electronically. You will need a device with a standard
Internet browser and an Internet connection to review these Terms and all electronic notices. You will
need a printer linked to your device to print any terms. You must discontinue your use of the Services
if you no longer wish to transact with us electronically. These Terms shall be governed by, and
interpreted under, the Laws of Florida. YOU AGREE THAT ANY CLAIM REGARDING THESE
TERMS OR THE SERVICES ARISES IN AND SHALL BE RESOLVED BY A COURT OF COMPETENT JURISDICTION IN ESCAMBIA
COUNTY, FLORIDA.
These terms supplement apply for users who use applications for the Services (“Applications”) on devices made by
Apple, Inc. (“Apple”).