|AGREEMENT BETWEEN YOU AND
is a service operated by <Web Site Owner> that makes it easy to share pedigree data.
you and tidalik.com. You must accept without modification all of the terms,
their entirety, you may not access or use the tidalik.com Services.
Portions of the tidalik.com Services may be
governed by posted guidelines, rules, or other terms and conditions. All such
guidelines, rules, and terms and conditions are hereby incorporated by reference
Use shall control. However, the tidalik.com Privacy Statement, discussed in
the Privacy and Personal Information section below,
guidelines, rules, and terms and conditions published on the tidalik.com Services with respect to the subject matter covered by the
tidalik.com Privacy Statement.
may wish to update or change the terms,
conditions, and notices for the tidalik.com Services from time to time to
reflect changes in the Services, changes in the laws affecting the Services, or
for other good reasons. You understand that tidalik.com reserves the right to
make these changes and that you are responsible for regularly reviewing these
terms, conditions, and notices. Continued access to or use of the tidalik.com
Services after any such change shall constitute your consent to such change.
Unless explicitly stated otherwise, any new features that change or improve the tidalik.com
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may only use the tidalik.com Services for your
own personal and non-commercial purposes.
You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services that are part of the tidalik.com
PRIVACY AND PERSONAL INFORMATION
You may be required to have a tidalik.com account to
use some tidalik.com Services. To set up an account, you must provide
information about yourself and update this information as necessary in order to
keep it current.
You are responsible for maintaining the confidentiality
of your password and account information. Furthermore, you are responsible for
all activities that occur in your account and you agree to notify tidalik.com
immediately of any unauthorized use of your account. tidalik.com is not
responsible for any loss that you may incur as a result of any unauthorized
person using your account or your password.
LINKS TO THIRD-PARTY SITES
The Web pages that are part of the tidalik.com Services may contain links to other Web sites ("Linked Sites"). The
Linked Sites are not under the control of tidalik.com and tidalik.com owner
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
tidalik.com is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by tidalik.com of the site or any association with its operators. You are
posted at the Linked Sites.
You are solely responsible for any dealings with third
parties (including advertisers) who support the tidalik.com Services or are
identified in the Web pages that are part of the tidalik.com Services,
including the delivery of and payment for goods and services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the tidalik.com Services, you agree that you will not use the
tidalik.com Services for any
the tidalik.com Services in any manner that could damage, disable,
overburden, or impair the tidalik.com Services or interfere with any other
party's use and enjoyment of them. You may not attempt to gain unauthorized
access to any tidalik.com account, computer systems or networks associated
with the tidalik.com Services. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through the tidalik.com Services.
use any tidalik.com Services. When you use the tidalik.com Services to
gain access to any tidalik.com participating site or service, the terms and
conditions associated with that site or service may also apply to you. Please
service that you visit.
You warrant that you own copyright in any data submitted to us, or
that it is information which is in the public domain, and
that it does not
infringe any existing copyright or any other rights of any third party and
that you have full authority to enter into this Agreement and grant the
rights granted to tidalik.com without resulting in a breach of any obligation you
You retain copyright to data you have submitted to tidalik.com.
If you submit data then
you grant to tidalik.com a non-exclusive, worldwide, irrevocable, royalty-free license to
use or modify the data for any purpose including publishing on-line.
may modify the data or combine it with other data. In such an
event you agree that tidalik.com owns copyright to the resulting data.
DATA AVAILABLE ON THE tidalik.com SERVICES
All data that is made available
to view and/or download from the Web pages that are part of the tidalik.com
Services ("Data") is owned by and is the copyrighted work of tidalik.com
and/or its suppliers. Except for personal use of the data, any
reproduction or redistribution of the Data is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE DATA TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED .
All Data is supplied "as
is" without any warranty as to its accuracy or completeness and any
use of this Data is entirely at the users own risk.
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE tidalik.com SERVICES FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. tidalik.com
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL tidalik.com AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE tidalik.com SERVICES, WITH THE DELAY OR INABILITY
TO USE THE tidalik.com SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED
THROUGH THE tidalik.com SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE
tidalik.com SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, EVEN IF tidalik.com OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE tidalik.com SERVICES, OR WITH ANY OF
provides information about how to use the tidalik.com
Services on the Web pages that are part of the Services. If you have any
questions about the tidalik.com Services or any problems that you would like
to report, please email us at <Web Site Email>.
TERMINATION AND RESTRICTION OF ACCESS
reserves the right, in its sole discretion,
to terminate your access to the tidalik.com Services or any portion thereof
at any time, without notice.
may also terminate or suspend your access
to the tidalik.com Services for inactivity, which is defined as failing to
sign in to the Services for an extended period of time, as determined by tidalik.com.
Upon termination of your tidalik.com account, your right to use the tidalik.com
Services immediately ceases.
of <Applicable State> You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in <Applicable State>. in all
disputes arising out of or relating to the use of the tidalik.com Services.
You agree that no joint venture, partnership, employment, or agency relationship
the tidalik.com Services.
in part, at any time. tidalik.com's performance of this agreement is subject to
in derogation of tidalik.com's right to comply with governmental, court, and
law enforcement requests or requirements relating to your use of the tidalik.com
Services or information provided to or gathered by tidalik.com with respect to
such use. You agree to indemnify and hold tidalik.com, its parents,
subsidiaries, affiliates, officers, and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any third
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
including the documents expressly incorporated by reference above, constitute
the entire agreement between you and tidalik.com with respect to the tidalik.com
Services and such agreements supersede all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between you
and tidalik.com with respect to the tidalik.com Services. A printed version
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
INTELLECTUAL PROPERTY NOTICES
All contents of the tidalik.com Web Site are:
Copyright © 2005 by the tidalik.com Pty Ltd and/or its suppliers.
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people,
and events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred.
may have patents, patent applications,
trademarks, copyrights, or other intellectual property rights covering subject
matter in the tidalik.com Services, including the Web pages that are part of
the tidalik.com Services. Except as expressly provided in these Terms of
Use, the provision of the tidalik.com Services and the furnishing of such
Web pages to you does not give you any license to these patents, trademarks,
copyrights, or other intellectual property. Any rights not expressly granted
herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
Notifications of claimed copyright infringement should
be emailed to us at <Web Site Email>.