Portal To Bitcoin

Tides.Network, Inc.

Node Giveaway Program Terms and Conditions

Effective as of October 28, 2024

These terms and conditions (the “Program Terms”) are applicable to all participants (“you” or “your”) in the Tides.Network, Inc. (“Tides”, “we” or “us”) Nodes Giveaway Program (the “Program”). The Program encourages user engagement with Tides and its services and offerings in exchange for node slots (“Points”) that can be redeemed for non-fungible tokens associated with a specific node within Tides’ Portal network (a “Token”).

Your participation in the Program is entirely voluntary and your participation (including the operation of any nodes) will be at your own risk without warranties of any kind by us. By registering for the Program, receiving Points, redeeming Tokens or otherwise participating in the Program, you agree to be bound by these Program Terms. If you do not agree to these Program Terms, you may not participate in the Program.

These Program Terms are a legally binding contract between you and Tides regarding your participation in the Program. These Program Terms will, among other things:

Outline the terms, conditions and your legal rights regarding your participation in the Program,
Explain the rights that we have regarding your participation in the Program, and
Establish how disputes or lawsuits regarding the Program will be handled, and includes waivers and limitations regarding your ability to bring claims against us relating to the Program.

By participating in the Program, you agree to be bound and abide by these Program Terms and consent to having your personal information collected and processed in accordance with our Privacy Policy, which can be found here.

WHEN YOU AGREE TO THESE PROGRAM TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO (1) RESOLVE ANY DISPUTE BETWEEN YOU AND TIDES THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT BEFORE A JUDGE OR JURY, AND (2) WAIVE ANY RIGHT YOU MAY HAVE TO FILE A CLASS ACTION, SEEK RELIEF ON A CLASS BASIS, OR PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW IN THESE PROGRAM TERMS.

BY PARTICIPATING IN THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE PROGRAM TERMS IN THEIR ENTIRETY. YOU ARE RESPONSIBLE FOR MAKING YOUR OWN DECISION IN RESPECT OF YOUR PARTICIPATION IN THE PROGRAM AND ANY RECEIPT OF ANY TOKENS YOU ELECT TO RECEIVE. ANY PARTICIPATION IN THE PROGRAM IS SOLELY AT YOUR OWN RISK AND IT IS YOUR SOLE RESPONSIBILITY TO SEEK APPROPRIATE PROFESSIONAL, LEGAL AND TAX ADVICE IN RESPECT OF THE PROGRAM PRIOR TO PARTICIPATING IN THE PROGRAM AND PRIOR TO ANY ELECTION TO RECEIVE TOKENS.

BY PARTICIPATING IN THE PROGRAM YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS RELATED THERETO. IN NO EVENT SHALL TIDES OR ANY AFFILIATE BE HELD LIABLE IN CONNECTION WITH OR FOR ANY CLAIMS, LOSSES, DAMAGES OR OTHER LIABILITIES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE PROGRAM.

TIDES DOES NOT TAKE ANY RESPONSIBILITY FOR THE PARTICIPATION BY ANY PARTICIPANT IN THE PROGRAM AND YOU MUST SATISFY YOURSELF BEFORE PARTICIPATING IN THE PROGRAM, AND YOU SHOULD NOT RELY ON TIDES. TIDES DOES NOT PROVIDE ANY RECOMMENDATION OR ADVICE IN RESPECT OF THE PROGRAM OR WITH RESPECT TO ANY TOKENS A PARTICIPANT MAY ELECT TO RECEIVE.

1. Requirements For Participation

The Program is not targeted at children or intended for participation by individuals under the age of 18. If you are under the age of 18, you are not permitted to participate in the Program. If you participate in the Program, you affirm that you are at least 18 years old.

Participating by individuals or entities in jurisdictions where such participation is prohibited by law, rule or regulation is expressly forbidden.

A participant agrees and acknowledges that he/she/it is responsible for complying with all applicable laws of the jurisdiction in which the participant resides or in which he/she it is participating in the Program, and claiming or receiving Points or Tokens.

Neither the Program, Points nor Tokens are offered to any person who (a) is subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (for example, the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) list of Specially Designated Nationals and Blocked Persons), the European Union or its Member States, the United Kingdom, or other applicable government authority or (b) is located in any country subject to a comprehensive sanctions program implemented by the United States.

Use of a virtual private network or other technology to circumvent the restrictions described above and in these Program Terms is prohibited. We may restrict access to and participation in the Program, including by adding jurisdictions to and/or removing jurisdictions from, the restricted territory list at any time, for any reason, in our sole discretion. We are not liable for your or any user’s or third-party loss or damage resulting from the temporary or permanent loss of ability to participate in the Program or loss of any Points or Tokens. Tides may restrict the Program, including all related products or services, including in certain jurisdictions due to applicable laws, regulations or business considerations at its sole discretion.

2. Changes to the Program and these Program Terms

We may revise and update these Program Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to your participation in the Program thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction and Dispute Resolution sections will not apply to any disputes for which the parties have actual notice before the date the change is posted.

You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We expressly reserve the right, in our sole and absolute discretion, to modify, alter, or change
the Program and/or the awarding or distribution of the Points or Tokens at any time and for any reason without prior notice. Such modifications, alterations, or changes may include, but are not limited to, increasing or decreasing the number of Points awarded for a specific interaction, changing the activities for which Points may be awarded, limiting or expanding the number of Tokens that may be redeemed, or imposing limits on the Program or your accumulation of Points or Tokens.

3. Governing Law and Jurisdiction

All matters relating to the Program, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, the Program shall be instituted exclusively in the United States District Court for the State of Delaware or the state courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Program Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

4. Dispute Resolution

Please read this section carefully – it significantly affects your legal rights, including your right to file a lawsuit in court and participate in a class action.

You and Tides agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Tides (including any claim or dispute between you and a third-party agent of Tides) that relates in any way to or arises out of this or previous versions of these Program Terms, your participation in the Program, the actions of Tides or its agents, or any products, services or Tokens accessed or acquired through the Program, will be resolved in accordance with the provisions set forth in this Dispute Resolution section.

Agreement to Arbitrate

This Dispute Resolution by binding arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Tides, whether arising out of or relating to these Program Terms (including any alleged breach thereof), the Program, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these Program Terms, you and Tides are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

You and Tides agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Tides agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

Pre-Arbitration Dispute Resolution

We at Tides believe that most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]). If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Tides should be sent to the address provided in the Contact Us section at the end of these Program Terms (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Tides and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Tides may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Tides or you shall not be disclosed to the arbitrator during the arbitration proceeding.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Program Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Program Terms and applicable law.

Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Tides and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, Tides agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.

5. Program Terms

The Program allows you to accumulate Points based on your usage and interaction with the Program as described more fully in the Program documentation, available through our engagement partner at Zealy.io, or other partner as we may establish (an “Engagement Partner”). Under the Program, you are awarded Points for your participation that may be redeemed for Tokens at the conclusion of the Program. We reserve the right to determine, in our sole discretion, the number of Points awarded for any given interaction or task completion.

The number of Points available to participants is limited. You are fully responsible for redeeming any Points in exchange for Tokens. Any unredeemed Points or unclaimed Tokens shall be forfeited at the end of the redemption period without any compensation to you our liability or responsibility for us.

We expressly reservice the right to validate your identity at any point during your participation in the Program, including at sign-up, during participation or as a prerequisite for the claiming of Tokens. Failure to provide identity verification information as requested by Tides may result in your termination from the Program or inability to redeem Points or claim Tokens. Unredeemed Points or unclaimed Tokens shall be forfeited without any compensation to you our liability or responsibility for us.

You are only permitted to participate in the Program using a single account. Tides reserves the right to forfeit the Points of, or block redemption of Tokens by, participants with multiple or duplicate accounts without any compensation to you our liability or responsibility for us.

As a participant in the Program, you agree not to:

Engage with the Program or run any nodes for any illegal or fraudulent purpose.
Engage in any activity that violates the intellectual property rights of Tides or any third party.
Harass, threaten, or otherwise cause harm to any other participants of the Program.
Attempt to gain unauthorized access to Tides’ network or systems.
Engage in any activity that may harm or disrupt the functionality of Tides’ network or systems.
Engage in any activity that violates any applicable laws or regulations.

You agree and acknowledge that (a) solely you are responsible and liable for all taxes due in connection with your participation in the Program; and (b) you should consult a tax advisor with respect to the tax treatment of any receipt of the Tokens in your jurisdiction.

You further agree and acknowledge that neither the Points nor the Tokens are intended to constitute securities of any form, units in a business trust, units in a collective investment scheme or any other form of investment in any jurisdiction. These Program Terms do not constitute a prospectus or offer document of any sort and are not intended to constitute an offer of securities of any form, units in a business trust, units in a collective investment scheme or any other form of investment, or a solicitation for any form of investment in any jurisdiction.

You agree and acknowledge that your participation in the Program and claim of ATH Tokens does not require or involve any form of purchase, payment, or tangible consideration from or to Tides, nor otherwise require or involve any acceptance of value by Tides from you. You agree and acknowledge that you (a) lawfully may receive Tokens for free via the Program (other than gas fees or applicable taxes, if any, that may be due to third parties), (b) were not promised any Points or any Tokens (whether via the Program or otherwise); and (c) took no action in anticipation of, or in reliance on, receiving Points or the Tokens, or potential participation in the Program.

6. No Guarantee

We do not guarantee the availability of any particular reward, Points or Tokens for distribution. The number of Tokens that may be awarded under the Program is determined by Tides, in its sole discretion. You agree and understand that there is no guarantee that you will receive a Token, or any other related, product or service under the Program, include any benefit of node operation. Tides reserves the right to permanently or temporarily deactivate any Token, including previously awarded or distributed Tokens, in its sole discretion.

Tides makes no guarantee or warranty of any benefit, material or immaterial, monetary or non-monetary, for or arising from the earning of Points, exchanging for Tokens, or the operation of nodes. Tides cannot and does not guarantee the value of any digital assets. We do not offer any form of investment, financial advice or consultation. It is important to note that we do not provide advice or recommendations regarding participation in digital assets transactions or operations. It is advisable that you exercise your own discretion when making decisions to participate in digital assets transactions or engage in associated operations.

7. Termination

We may suspend or terminate your rights to use Tokens, associated nodes or to participate in the Program at any time, for any reason, in our sole discretion, including for any use of the Tokens or nodes in violation of these Program Terms.

8. No Monetary Value; Use of Tokens; Wallet

Neither Points nor Tokens have cash value and they are not exchangeable for cash.

You acknowledge and agree that the Points and / or Tokens received through the Program may have specific usage limitations, such as utility within a specific platform or ecosystem, and may have no monetary value. Any Points or Tokens received through the Program are not intended as investment advice, and each participant acknowledges that their value (if any) may fluctuate and that no guarantees are made regarding future value (if any).

To receive Tokens as part of the Program, you will need to enter or connect to a compatible third-party digital wallet (a “Wallet”) capable of receiving the Tokens. Failure to provide and connect an eligible Wallet may result in the forfeiture of Tokens. There may be technical limitations, delays, and/or transaction fees due or payable to third parties, such as gas fees, to receive and/or claim Tokens through your Wallet. By using a Wallet, you agree that you are using the Wallet in accordance with any terms and conditions of an applicable third-party provider of such Wallet. Wallets are not maintained or supported by, or associated or affiliated with, Tides. When you interact with the Program, as between Tides and you, you retain control over your digital assets at all times. Tides does not control digital assets, including the Tokens, in your Wallet, and Tides accepts no responsibility or liability to you in connection with your use of a Wallet. The private keys necessary to access and/or transfer the digital assets held in a Wallet are not known or held by Tides. As between you and Tides, solely you are responsible for maintaining the confidentiality of your private key, and solely you are responsible for any transaction signed with your private key. Tides is not responsible for any loss associated with the any Program participant’s private key, digital wallet, vault, or other storage mechanism. YOUR FAILURE TO MAINTAIN ACCESS TO, AND THE SECURITY AND CONFIDENTIALITY OF YOUR PRIVATE KEY(S) MAY RESULT IN YOUR DIGITAL ASSETS BEING IRREVOCABLY LOST. YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN THE AIRDROP REWARDS PROGRAM REQUIRES AN ATH-COMPATIBLE WALLET. PROVIDING AN INCOMPATIBLE WALLET ADDRESS MAY RESULT IN DIGITAL ASSETS BEING IRREVOCABLY LOST.
You agree and acknowledge that if you are unable to claim any Tokens due to technical bugs, smart contract issues, gas fees, wallet incompatibilities, loss of access to a wallet or the key thereto, or for any other reason, you will have no recourse or claim against Tides or any of its affiliates. In any such cases, neither Tides nor any affiliate thereof will bear any liability.

9. Intellectual Property Rights

The Program, including its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Tides Content”) are owned by Tides, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Tides Content is not sold or transferred to you, and Tides and its licensors retain ownership of all copies of the Tides Content.

10. Trademarks

Tides’ name and the Tides logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Tides or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans relating to the Program are the trademarks of their respective owners.

11. Monitoring and Enforcement; Termination

We have the right to:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use or participation in the Program.
Terminate or suspend your access or participation to all or part of the Program for any reason, including for any violation of these Program Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Program.

12. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or relating to the Program will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Program for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR PARTICIPATION IN THE PROGRAM OR ANY SERVICES OR TOKENS OBTAINED THROUGH THE PROGRAM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED, OR ON ANY THIRD-PARTY WEBSITE (SUCH AS AN ENGAGEMENT PARTNER’S WEBSITE).

YOUR PARTICIPATION IN THE PROGRAM, ITS CONTENT, AND ANY SERVICES OR TOKENS OBTAINED THROUGH THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM, ITS CONTENT, AND ANY SERVICES OR TOKENS OBTAINED THROUGH THE PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TIDES NOR ANY PERSON ASSOCIATED WITH TIDES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PROGRAM. WITHOUT LIMITING THE FOREGOING, NEITHER TIDES NOR ANYONE ASSOCIATED WITH TIDES REPRESENTS OR WARRANTS THAT THE PROGRAM, ITS CONTENT, OR TOKEN OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PROGRAM OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY COMMUNICATIONS OR INFORMATION OBTAINED THROUGH THE PROGRAM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, TIDES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

13. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TIDES, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION, OR INABILITY TO PARTICIPATION, IN THE PROGRAM, ANY THIRD PARTY WEBSITE, PRODUCT OR OFFERING, ANY WEBSITE LINKED TO THE PROGRAM, ANY CONTENT WITHIN THE PROGRAM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Third Parties and Engagement Partners

You may engage with the Program through a third-party website or platform, such as a website or platform operated by an Engagement Partner. Please note that your interaction with these third-party products and services are subject to the terms of use and privacy policy of that third party, and not of Tides. You should review the terms of use and privacy policy of any third-party website, platform or services with which you engage. Tides is not responsible for the acts or omissions of third parties, including Engagement Partners. Any third party links or content do not imply endorsement or affiliation by Tides with that third party.

15. Participation Data

We will monitor, collect and maintain data about you and your participation in the Program for our own purposes, including analytics and advertising. You can learn more about the data that we may collect and how we use it in our Privacy Policy.

16. Indemnification

You agree to defend, indemnify, and hold harmless Tides, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Program Terms or your use of the Program, including, but not limited to, any use of the Program’s content, services, and products other than as expressly authorized in these Program Terms, or your use of any information, Points or Tokens obtained from the Program.

17. Waiver and Severability

No waiver by Tides of any term or condition set out in these Program Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Tides to assert a right or provision under these Program Terms shall not constitute a waiver of such right or provision.
If any provision of these Program Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Program Terms will continue in full force and effect.

18. Assignment

Tides may assign these Program Terms, and any of its rights under the Program Terms, in whole or in part, and Tides may delegate any of its obligations under the Program Terms. You may not assign the Program Terms, in whole or in part, nor transfer or sub-license your rights under the Program Terms, to any third party.

19. Entire Terms

These Program Terms constitute the sole and entire agreement between you and Tides regarding the Program and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Program.

20. Contact Us

The Program is operated by:

Tides.Network, Inc.
All other feedback, comments, requests for technical support, and other communications relating to the Program should be directed to [email protected].