terms of use.

introduction.

We, Tidal Creative, LLC (“Tidal”, “we”, “our”) provide this website (“Web Site”) for your (or “you”; any individual, company, or legal entity that accesses or otherwise uses this Web Site) personal educational and entertainment use. Before using the Web Site, please read these Terms of Use thoroughly. They dictate your use of and access to this Web Site. More specific terms and conditions apply to certain design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Web Site (herein known known as “Content”). These specific terms may be in addition to these Terms of Use or they may supersede these Terms of Use.

your acceptance of our terms.

Accessing, browsing, or using this Web Site constitutes your consent to be bound by these Terms of Use, as well as any terms and conditions contained herein or set forth on this Web Site. If you do not agree to our terms of use, you should not access this Web Site.

modification.

Tidal reserves the right to amend these Terms of Use at any time without any prior notice to you. Amended Terms of Use are effective upon posting. Continuing to access or use this Web Site constitutes your consent to such amendments. We suggest that you regularly review these Terms of Use.

We also reserve the right to change, update, or discontinue any Content on this Web Site or the Web Site itself at any time without prior notice to you.

privacy.

Personal information provided through this Web Site shall be used in accordance with Tidal’s Privacy Notice and these Terms of Use are subject to the Privacy Notice as posted on this Web Site.

copyright and trademarks.

You acknowledge that all Content on this Web Site is the property of Tidal and protected by United States and international copyright and other intellectual property laws and rights. Any and all rights not expressly granted in these Terms of Use are reserved to their respective intellectual property rights owners. You may not copy, distribute, republish, download, display, post, transmit, create derivative works or otherwise use any of the Content in any form without proper written authorization from Tidal or the respective property rights owner expect as explicitly authorized in these Terms of Use. We authorize you to view and download the Content for personal, non-commercial use only. You must keep all copyright and other proprietary notices contained in the original Content intact.

Any trademarks, service marks, trade names, trade dress and logos (“Marks”) contained or described on this Web Site (including, but not limited to, Tidal) are the sole property of Tidal and may not be copied or used, in whole or in part, without the prior written authorization of Tidal. All custom graphics and icons are considered Marks of Tidal as well. We will enforce our intellectual property rights.

links.

Any link to a third party website found on this Web Site is provided only out of convenience to you. Using these links will result in leaving the Web Site. You agree that Tidal and its affiliates will not be responsible or liable for any interaction, content, goods, or service provided to you through these third-party websites. We are also not responsible or liable for your inability to access or use these third-party websites. Use of these third-party links is at your own risk.

Other websites on the internet, including those linked from this Web Site, might contain offensive or inappropriate content. We expressly disclaim any responsibility for the content, legality, decency, or accuracy of any content that appear on any third-party website. Please make yourself aware of any legal and privacy notices of all other websites you visit.

disclaimer of warranties.

Tidal works to keep the Content of this Web Site up-to-date and accurate: however, we make no warranties or representations of the accuracy or timeliness of said Content.

YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT CONTAINED ON THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Tidal 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. Tidal MAKES NO WARRANTY THAT (I) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (II) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (IV) THE WEB SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE WEB SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEB SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

disclaimer of damages and limitation of liability.

NEITHER Tidal OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS WEB SITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEB SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPOERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Huge HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST Huge AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.

indemnification and release.

You agree to indemnify, defend and hold harmless Tidal and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Web Site, any activity related to use of the Web Site by you, any message or material that you submit to, post on or transmit through the Web Site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Web Site.

no unlawful or prohibited activity.

As a condition for the use of this Web Site, you agree not to use this Web Site for any purpose that is unlawful or prohibited by these Terms of Use. You also agree that your are responsible for your use of this Web Site. Tidal reserves the right to suspend or terminate your access to this Web Site if you do not comply with these Terms of Use.

shutdown of web site.

Tidal reserves the right to modify or discontinue, temporarily or permanently, this Web Site (or any part of it) at any time without prior notice or consent. We also have no responsibility or liability for failing to store or delete any Content contained in this Web Site.

jurisdiction.

These Terms of Use fall under the jurisdiction of the laws of the United States and the States of North Carolina. We make no representations that the content on this Web Site are appropriate or available in all locations or languages. You agree that any action at law or in equity arising from or relating to your use of this Web Site or to these Terms of Use shall be brought exclusively in Federal or State Courts residing in North Carolina.

severability.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

no waiver.

Failure to enforce any part of these Terms of Use by Tidal does not constitute a waiver of that term or condition and shall not be considered a waiver or limit on Tidal’s right to insist upon strict adherence to these Terms of Use thereafter.