Tidalstock Terms of Service

Terms of Service (TOS)

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 personalization settings.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.       YOUR 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 NON-INFRINGEMENT.

b.      TIDAL 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.

c.       ANY 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.

d.     NO 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 or prohibited by these Terms of Use. You may not use any feature or image in 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 enforcement authorities in prosecuting users who violate these Terms of Use.

Password and Security

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.

General Provisions

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 render unenforceable any other portion of these Terms of Use. The section 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 reserved.

Governing Law and Jurisdiction

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 to any other party.  Further information can be found under our privacy policy in the about section of our web site.

Additional Terms and Conditions apply for image purchases or sample downloads.

Tidal Advertising respects the intellectual property of others and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Tidal Advertising.