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Last Updated: April 21, 2025

 

1. Introduction

 

Welcome to Tidewatcher ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms," "Terms and Conditions") govern your use of our website located at https://deveshjanakpoorooye.wixsite.com/tidewatcher ("Site") and all related services, features, content, and applications offered by Tidewatcher (collectively, the "Services").

Please read these Terms carefully before using our Site or Services. By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the Site or use any Services.

 

2. Eligibility

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You must be at least 18 years of age to use our Site and Services. By using our Site and agreeing to these Terms, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

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3. Account Registration

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To access certain features of the Site, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account at our discretion if we believe that you have violated these Terms or if your use of the Services poses a risk to Tidewatcher or other users.

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4. Use of Services

4.1 License to Use

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Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes.

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4.2 Restrictions

 

You agree not to:

a) Use the Services for any illegal purpose or in violation of any local, state, national, or international law;

b) Violate or encourage others to violate the rights of third parties, including intellectual property rights;

c) Interfere with or disrupt the Services or servers or networks connected to the Services;

d) Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services;

e) Use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Services;

f) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Services;

g) Modify, adapt, translate, or create derivative works based upon the Services; or

h) Remove, obscure, or alter any proprietary notice or attribution, including copyright, trademark, service mark, or other proprietary rights notices affixed to or contained within the Services.

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5. Intellectual Property

5.1 Our Intellectual Property

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The Site and Services, including all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code, are owned by or licensed to Tidewatcher and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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5.2 Feedback

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If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and act on such Feedback in any manner without restriction or obligation to you. We will treat any Feedback you provide to us as non-confidential and non-proprietary.

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6. User Content

6.1 Definition

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"User Content" means any content that you submit, post, or transmit through the Services, including data, text, files, images, photos, videos, sounds, or other materials.

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6.2 License Grant

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By submitting User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit such User Content in connection with the Services and our business.

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6.3 Representations and Warranties

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You represent and warrant that:

a) You own or have the necessary rights to use and authorize us to use your User Content as described in these Terms;

b) Your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and

c) Your User Content does not contain any material that is defamatory, obscene, offensive, harassing, or otherwise objectionable.

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7. Third-Party Links and Services

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The Services may contain links to third-party websites or services that are not owned or controlled by Tidewatcher. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

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8. Disclaimers

8.1 "As Is" and "As Available"

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THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

8.2 No Guarantees

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TIDEWATCHER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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9. Limitation of Liability

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IN NO EVENT SHALL TIDEWATCHER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:

a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES;

c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;

d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES;

e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; OR

f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

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10. Indemnification

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You agree to defend, indemnify, and hold harmless Tidewatcher, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

a) Your use of and access to the Services;

b) Your violation of any term of these Terms;

c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or

d) Any claim that your User Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Services.

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11. Governing Law and Jurisdiction

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These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within [Your Jurisdiction].

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12. Changes to Terms

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We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

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13. Termination

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We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

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14. Severability

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If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

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15. Entire Agreement

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These Terms constitute the entire agreement between you and Tidewatcher regarding the use of the Services and supersede all prior and contemporaneous written or oral agreements between you and Tidewatcher.

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16. Waiver

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The failure of Tidewatcher to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

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17. Contact Information

For questions about these Terms, please contact us at:

Tidewatcher
Email: tidewatcher4@gmail.com