MANDATORY TERMS PERTAINING TO YOUR USE OF THIS SITE
Acceptance of Terms
WELCOME TO CALENDARLINK.BIZ BY TIDELINES, LLC. ("TIDELINES"). TIDELINES PROVIDES ITS WEBSITE AND RELATED SERVICES ("SITE") TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. TIDELINES CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE AND TIDELINES MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT SURF@TIDELINES.COM.
User Account, Password, and Security
You will receive a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to immediately notify TIDELINES of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. You agree TIDELINES shall not be liable for any loss or damage arising from your failure to comply with this Section.
In using this Site, you agree to not:
a. upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, stitch files, or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, threatening, abusive, harmful, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, hateful, inflammatory, libelous, tortuous, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and/or intellectual property.
b. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or design that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
d. upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
e. upload, download, post, email or otherwise transmit any material that contains any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
f. upload, download, post, email or otherwise transmit false or misleading information;
g. disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
h. access, tamper with or use non-public areas of the Site. Any unauthorized individuals
attempting to access these areas of the Site may be subject to prosecution;
j. disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
k. frame or link to the Site except as permitted in writing by TIDELINES;
I. incorporate images or names that would violate a person's right of privacy or publicity; or
m. incorporate a celebrity, current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness (for TIDELINES Custom Stamps).
You acknowledge that TIDELINES does not pre-screen submitted Content, but that TIDELINES and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge to TIDELINES that TIDELINES may review your order and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Without limiting any of the foregoing, TIDELINES and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to TIDELINES. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, created by or submitted to, TIDELINES. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither TIDELINES nor any other party involved with the production of any product incorporating such Content assumes that responsibility. TIDELINES's production of any product depicting your Content does not indicate that TIDELINES approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content. You acknowledge and agree that TIDELINES may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of TIDELINES, its users and the public. You understand and acknowledge that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices. You agree that you are responsible for any and all actions and communications undertaken under your account. TIDELINES takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive and to release any and all claims against TIDELINES and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to any communications, Content, and/ or materials on the Site. You agree to indemnify TIDELINES and each and all of its affiliates from all claims and expenses, including, but not limited to, reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement. You agree that you will use this Site and any products and stamps, ordered on this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
You acknowledge and agree that any and all Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by TIDELINES, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.
You retain all ownership rights to your Content submitted to the Site. By submitting any Content to TIDELINES, you grant TIDELINES a gratis, nonexclusive, worldwide, transferable license to use, copy, reproduce, and modify your Content.
You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except to the extent that a separate click on agreement applies to a particular piece of Software, subject to your compliance with the terms and conditions of this Agreement, TIDELINES grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Site or the Software, in whole or in part.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to TIDELINES (excluding your Content you submit) will automatically be deemed to be assigned, granted and transferred by you to TIDELINES upon submission or communication to TIDELINES, and you do irrevocably assign all rights therein to TIDELINES and you hereby consent and agree that those same rights will automatically become the property of TIDELINES and that TIDELINES may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose TIDELINES may elect, forever.
Intellectual Property Policy
TIDELINES respects the intellectual property rights of others, and TIDELINES requires that our users do the same. TIDELINES may terminate the accounts of any user who appears to infringe the
copyright or other intellectual property rights of others.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify TIDELINES's Copyright Agent, and provide the following information ("Notice"):
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
b. a description of the copyrighted work and/or trademark claimed to have been infringed;
c. a description of where the claimed infringing Content is located on our Site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the opyright/trademark interest involved.
TIDELINES's Copyright Agent can be reached at: surf@TIDELINES.com.
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR THE TERMS OF ANY OTHER AGREEMENT, ANY OTHER DOCUMENT, OR ANY OTHER INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
You hereby agree to defend, indemnify and hold TIDELINES and TIDELINES's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.
You agree that TIDELINES, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. TIDELINES may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You further agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that TIDELINES may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that TIDELINES shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of this Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.
The Site may provide, or third parties may provide, links to other websites or resources. Because you acknowledge and understand that TIDELINES has no means to control such sites and resources, you acknowledge and agree that TIDELINES is not, and shall not be, responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any of the content, advertising, products or other materials on or available from such sites or resources or the policies
or such sites and resources. TIDELINES is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge and agree that you will not use any calendar ordered from the Site in a way that would be damaging to TIDELINES's public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product or stamp ordered from TIDELINES, in a public setting, including on the Internet, in a way which disparages TIDELINES, TIDELINES's board members, employees, shareholders or partners, or the United States Postal Service, TIDELINES reserves the right to demand immediate
return of the product, to furthermore pursue all recourses and remedies available under the law.
Pricing, Shipping, and Terms of Sale
Prices for products are described on the Site and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at TIDELINES's discretion. Title and risk of loss for all products ordered by you shall pass to you on TIDELINES's shipment to the shipping carrier. Purchases are subject to TIDELINES's Return Policy. TIDELINES reserves the right to cancel any order for any product that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.
The tide data found on this website is compiled primarily from the National Oceanic and Atmospheric Administration (NOAA) databases made available for dissemination to the public. This government agency operates pursuant to Section 515 of the Treasury and General Government Appropriations Act. NOAA has issued Information Quality Guidelines for ensuring and maximizing the quality, objectivity, utility and integrity of information which it disseminates. NOAA guidelines also establish an administrative mechanism allowing affected persons to seek and obtain correction of information that does not comply with OMB or NOAA applicable guidelines. However, notwithstanding these precautions, inaccuracies may exist in the data. For further information on the sources, quality and reliability of NOAA disseminated information, you are referred to www.cio.noaa.gov for details.
TIDELINES (which also includes any related affiliates or partners) makes no representations or warranties, express of implied, with regard to the information generated on this website. While TIDELINES uses sources which purport to be reliable for the tide information contained herein, TIDELINES necessarily relies on NOAA, and potentially other sources, for its compilations. TIDELINES does not independently generate or gather any tide data from its own resources. The user of this website, and any information contained herein, ASSUMES ALL RISKS related to the accuracy, applicability and functionality of the data provided. TIDELINES will not be responsible
for any claims, losses, or damages of any type whatsoever including but not limited to compensatory, consequential, and exemplary or punitive damages arising from, or related to, the data contained herein. This data is provided as an informative element for customized calendars only and is not intended for use in navigational, cartographic, geographic, topographic or other similar endeavors.
By using this website and downloading information contained herein, you expressly acknowledge and agree to the foregoing terms and conditions and agree that TIDELINES has no responsibility whatsoever to independently ensure the accuracy of the information contained herein and, that in using this information you are relying solely upon your own investigation and inquiry rather than any representations made by TIDELINES in that regard.
Correction of Errors and Inaccuracies
The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without
limitation, if the product violates any terms of this Agreement.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO ALL APPLICABLE LAW, TIDELINES AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TIDELINES DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT TIDELINES SHALL HAVE ABSOLUTELY NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR, IN ANY MANNER, THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT TIDELINES DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, TIDELINES AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU HEREBY FURTHER ACKNOWLEDGE THAT TIDELINES MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIDELINES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL TIDELINES OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, AND/OR DISTRIBUTING TIDELINES, OR RELATED SERVICES, BE LIABLE FOR ANY FORESEEABLE OR UNFORESEEABLE, 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 TIDELINES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) 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 SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU FURTHER EXPRESSLY AGREE THAT TIDELINES SHALL HAVE ABSOLUTELY NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN, AND YOU FURTHER AGREE THAT IN NO EVENT SHALL TIDELINES BE OBLIGATED TO PAY ANY SUM TO YOU AS DAMAGES, IRRESPECTIVE OF THE CAUSE THEREOF, AND THAT THE MAXIMUM LIABILITY OF TIDELINES TO YOU SHALL BE THE REFUND OF THE PRICE OF THE SUBJECT CALENDAR.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
The Parties hereto shall, at their own cost and expense, cooperate with each other and others to execute and deliver such further documents and instruments, and shall take such other actions, as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement. The Parties hereto shall be free to bring all differences of interpretation and disputes arising in connection with this Agreement to the attention of the other at any time without prejudicing their harmonious relationship and operations hereunder, and the good offices and facilities of each party shall be available at all reasonable times for the prompt and effective adjustment of any and all differences, either by mail, telephone, facsimile transmission, or personal meeting under friendly and courteous circumstances in San Diego County, California. You further agree that the limit of the liability of TIDELINES to you for any alleged breach or failure to perform by TIDELINES shall be to refund to you the cost of the subject calendar, and you further agree that, thereafter, TIDELINES shall have no other obligation to you arising from the subject transaction.
These terms and conditions and your relationship with TIDELINES shall be governed by, and shall be construed in accordance with, the laws of the State of California, without resort to its conflict of law provisions. You and TIDELINES agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. TIDELINES may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. TIDELINES's failure to act with respect to a breach by you or others does
not waive TIDELINES's right to act with respect to subsequent or similar breaches.