USER REGISTRATION AGREEMENT
By registering to our site, you acknowledge that you
agree to be bound by our terms of service policy (TOS). If you have not read this
policy please do not proceed with your registration at this time. If you
have questions please contact us.
This site is owned and published by Tidal Advertising,
Inc. (Tidal Advertising) All images and related material
supplied by Tidal Advertising including, but not limited to, keywords,
captions, descriptions, and information (collectively defined as “Images”) are
owned by Tidal Advertising and/or our collective photographers/Image
suppliers. All Images are protected by
US and international copyright laws.
We prosecute to the
fullest extent of the law any un-authorized, duplication, distribution, printing,
abuse, or altercations of our images.
Tidal Advertising provides this service to you, subject to
the following Terms of Service (“TOS”), which may be updated by us anytime
without notice to you. When using particular Tidal Advertising services, you
shall be subject to any posted guidelines or rules applicable to such services
that may be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS. For specific services, Tidal
Advertising also may put forth specific Terms of Service that differ from this
TOS. It is your responsibility to periodically review the TOS. If you do not
agree with or understand the TOS, do not use this site.
All Images furnished by Tidal Advertising are rights managed
and distributed via specific license agreements and as such any Image may not
be copied, published, re-transmitted, or printed with out permission from Tidal
Advertising. Upon registration and
approval by Tidal Advertising of your account, you may use the image provided solely
for evaluating your decision to purchase a license with Terms or Service for
your applicable use. You may use the
image in your “comps” to help determine your decision to purchase a license,
however, you may not use the Image in any final materials distributed
internally or externally to the public via any means. You may not modify, remove, or alter any part
of the Image. The use of the Image will
expire after thirty (30) days from the date you download the Image. Except for the limited use above, Tidal
Advertising grants you no other rights, and you may not distribute, use, store,
or make available the Image. You agree to remove and destroy all comps if a license is not purchased. Any violation of this policy will be considered copyright infrigment.
You understand and agree that the Service is provided “as
is” and that Tidal Advertising assumes no responsibility for the timeliness,
deletion, misdelivery, or failure to store any user communications or
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. TIDAL ADVERTISING EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
ADVERTISING MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIDAL
ADVERTISING OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TIDAL ADVERTISING
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TIDAL
ADVERTISING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION,
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY
MAY NOT APPLY TO YOU.
THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND
NO CONTENT INCLUDED IN THE SERVICE IS INTENDED FOR TRADING OR INVESTING
PURPOSES. TIDAL ADVERTISING SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE
ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION TRANSMITTED VIA THE
SERVICE AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT
DECISIONS MADE BASED ON SUCH INFORMATION.
No unlawful Use of Site or Site Features
As a condition of Your use of this Site, including the Member Site, you agree not to use any
images, functions, features, or other resource for any purpose that is unlawful
any manner that could damage, disable, overburden, or impair any Tidal
Advertising server, or the network connected to any Tidal Advertising server,
or interfere with any other party's use and enjoyment of the site. You may not
attempt to gain unauthorized access to the site, other accounts, computer
systems or networks connected to any Tidal Advertising server or to any of the site
features, through hacking, password mining or any other means. You shall not
obtain or attempt to obtain any materials or information through any means not
intentionally made available through the standard features of the site.
Violations, including intellectual property infringement and security issues,
will be investigated and prosecuted to the fullest extent of the law, whether
civil or criminal. Tidal Advertising may involve and cooperate with law
To register with our site, You must provide us with
current, complete and accurate information as designated by our forms. You will
also choose a password and a user name. It is Your responsibility for
maintaining the confidentiality of Your password and account. You are also
entirely responsible for any and all activities that occur under Your account.
You authorize Tidal Advertising to believe that any person using the Site with
Your password and user name is You or is authorized to act for You. You agree
to notify Tidal Advertising immediately of any unauthorized use of Your account
or any other breach of security. Tidal Advertising is not responsible for any
loss that You may incur as a result of someone else using Your password or
account, whether with or without your knowledge. You may be held liable for
losses incurred by Tidal Advertising or another party due to someone else using
Your account or password. You may not use anyone else's account at any time
without the permission of the account holder.
Limitation of Liability and Indemnity
Tidal Advertising entire liability shall in no event exceed the license fee paid to Tidal Advertising. UNDER NO CIRCUMSTANCES SHALL TIDAL ADVERTISING BE LIABLE FOR GENERAL, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING FROM THIS AGREEMENT, THE SERVICES, THE IMAGES, OR ANY ACTS OR OMISSIONS OF TIDAL ADVERTISING. You shall indemnify, defend and hold Tidal Advertising and our representatives harmless from any and all claims, liabilities, damages,
and expenses of any nature whatsoever, including actual attorneys' fees, costs of investigations, and court costs arising from or relating to your direct or indirect use of this site or our images in connection with Tidal Advertising's reliance on any representations, instructions, information, or materials provided or approved by you.
These Terms of Service constitute the entire agreement
between you and Tidal Advertising pertaining to the subject matter hereof, and
any and all written or oral agreements heretofore existing between the parties
hereto are expressly canceled. Any modifications of this Agreement must be in
writing and signed by both You and Tidal Advertising. Tidal Advertising may
assign these Terms of Service, in whole or in part, at any time with or without
notice to You, but You may not assign these Terms of Service or any rights
hereunder. Any attempt by You to transfer, assign or delegate these Terms of
Service without Tidal Advertising’s prior written consent shall be null and void.
You agree that there shall be no third party beneficiaries to these Terms of
Service. If any part of these Terms of Service is legally declared invalid or
unenforceable, all other parts of these Terms of Service are still valid and
enforceable. Such invalidity or non-enforceability will not invalidate or
headings in these Terms of Service are solely for convenience of reference and have
no legal or contractual significance. Tidal Advertising’s failure to enforce
any right or provision in these Terms of Service will not constitute a waiver of
such provision, or any other provision of such Terms of Service. Tidal Advertising
will not be responsible for failures to fulfill any obligations due to causes
beyond its control. The provisions of these Terms of Service governing disclaimers of
warranties, liability limitation, indemnity obligations, intellectual property
rights and governing law and jurisdiction shall survive expiration or
termination of these Terms of Service. Any rights not expressly granted herein are
Governing Law and
If You enter into these Terms of Service with Tidal
Advertising, these Terms of Service shall be governed by the laws of the State of
California, without reference to conflict of laws principles, and any disputes
arising hereunder shall be subject to the jurisdiction of the California state
courts in Ventura County, or in the event of federal jurisdiction, the federal
courts for the Southern District of California. You consent to the exclusive jurisdiction and
venue of the applicable court. Tidal Advertising also reserves the right to
initiate legal action before any court of competent jurisdiction to protect its
intellectual property and other rights under these Terms of Service.
Additional Terms and Conditions apply for image purchases or sample downloads.
How We Use Personal Information Collected Online
We will not use your personal information for any purpose
other than that for which it is submitted. We use personal information to
reply to enquiries, handle complaints, provide operational notices and in
program record-keeping. We do not sell, trade or rent your personal information