Terms of Use (US)

Last updated September 4, 2023

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.

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.

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.

About the Services.

  • 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.
  • You must comply with applicable laws, regulations and ordinances when you use the Services.
  • 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.
  • 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.
  • 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.
  • The Services are only for your personal use, and for educational and entertainment purposes only.

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.

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.

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.

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.

Restrictions.

You may not, nor permit any other party to:

  • Copy, record, resell, retransmit, redistribute, modify, translate or otherwise create derivative works of the Services and its content;
  • Export or re-export the Services or its technology and applications in violation of any United States export law or regulation;
  • Violate these Terms, applicable laws, or the rights of others;
  • Frame any of the Services’ Web sites, pages or other content;
  • Scrape or use any manual automated process to capture data or content from the Services and its databases;
  • 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;
  • Transmit viruses or any other malicious computer code;
  • Provide any inaccurate or misleading information, or attempt to impersonate another person or entity;
  • Set up multiple accounts, either manually or through any automated process;
  • Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes;
  • Disclose anyone’s identification documents, sensitive financial information or other private or sensitive information;
  • Transmit unlawful, threatening, abusive, tortious or obscene content;
  • Publish falsehoods, misrepresentations or libelous Content;
  • Publish content that harasses or disparages others on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or
  • 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Privacy.

You agree that we may collect and use data about you in accordance with our Privacy Policy.

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.

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.

SUPPLEMENTAL TERMS FOR APPLE iPhone and APPLE iPod TOUCH

These terms supplement apply for users who use applications for the Services (“Applications”) on devices made by Apple, Inc. (“Apple”).

  1. Provided that you comply with these Terms, we grant you a personal, limited, non-exclusive and non-transferable license to use our Applications on a single, authorized computing device for personal and internal business purposes and subject to the Usage Rules set forth in Apple’s App Store Terms of Service. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Applications.
  2. You understand and agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Applications.
  3. Apple shall not be responsible for any claims by your or any third relating to your possession and/or use of the Applications, including but not limited to (i) product liability claims, (ii) any claim that the Applications fail to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection laws or similar legislation, and (iv) claims by any third party that the Applications or your possession and use of the Applications infringe the intellectual property rights of the third party.
  4. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that you are located in a country that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  5. You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third-party beneficiary thereof. If you can any questions or comments regarding these terms and conditions, you may write to:

Tidelas LLC
PO Box 1481
Pensacola, FL 32591
Attn. Customer Service