Effective date: June 2025
1. Acceptance of Terms
By accessing and using the TidalMark website at tidalmark.top ("the Site"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you should not use the Site. These Terms apply to all visitors, users, and others who access or use TidalMark.
We reserve the right to modify these Terms at any time. Your continued use of the Site following any changes constitutes acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.
2. Description of Service
TidalMark is a static informational website dedicated to coastal tidal photography and seaside travel chronicles. Our Site provides:
- A curated gallery of coastal and tidal photography sourced from Unsplash contributors
- Travel journals documenting tidal coastlines and seaside destinations
- Tidal guides and practical tips for coastal photography and tide-pooling
- Informational content related to marine tides, coastal geography, and seaside travel
TidalMark is provided free of charge for personal, non-commercial browsing and enjoyment. We make no guarantee that the Site will be available at all times, and we reserve the right to modify, suspend, or discontinue any part of the Site without prior notice.
3. Intellectual Property
The content on TidalMark is subject to the following intellectual property considerations:
Photographs
All photographs displayed on this Site are sourced from Unsplash and are used under the Unsplash License. Under this license, Unsplash grants an irrevocable, non-exclusive, worldwide copyright license to download, copy, modify, distribute, perform, and use the photos for free, including commercial purposes, without permission from or attribution to the photographer or Unsplash. However, this license does not include the right to compile photos from Unsplash to replicate a similar or competing service.
Written Content
All original written content on TidalMark โ including travel journal entries, tidal guides, tips, and editorial descriptions โ is the intellectual property of TidalMark and is protected by applicable copyright laws. You may not reproduce, distribute, modify, create derivative works from, or commercially exploit our written content without our prior written consent.
Website Design and Branding
The TidalMark name, logo, website design, layout, and overall visual identity are proprietary to TidalMark. You may not use our branding elements, trademarks, or design assets without express written permission.
4. User Conduct
By using TidalMark, you agree to abide by the following guidelines:
- Lawful Use: You shall use the Site only for lawful purposes and in accordance with these Terms.
- No Scraping: You shall not use automated scripts, bots, or scraping tools to extract data, images, or content from the Site in bulk without our permission.
- No Misrepresentation: You shall not misrepresent the source of content obtained from TidalMark or claim authorship of works that are not your own.
- No Harmful Activity: You shall not attempt to gain unauthorized access to any part of the Site, its servers, or its infrastructure, nor shall you introduce malware, viruses, or any other harmful code.
- Respect for Rights: You shall respect the intellectual property rights of TidalMark, Unsplash photographers, and all other content creators whose work appears on the Site.
Any violation of these conduct guidelines may result in your access to the Site being restricted or blocked at our sole discretion.
5. Disclaimer of Warranties
TidalMark is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:
- Implied warranties of merchantability and fitness for a particular purpose
- Warranties of non-infringement of third-party rights
- Warranties that the Site will be uninterrupted, timely, secure, or error-free
- Warranties that the information, content, or photographs on the Site are accurate, complete, or reliable
The tidal information, travel advice, and photography tips provided on TidalMark are for general informational purposes only. Tidal conditions are inherently unpredictable and dangerous. Always consult official tide tables, weather services, and local authorities before engaging in any coastal activity. TidalMark shall not be held responsible for any injury, loss, or damage resulting from reliance on information provided on this Site.
6. Limitation of Liability
To the maximum extent permitted by applicable law, TidalMark, its operators, and contributors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with:
- Your use of or inability to use the Site
- Any errors, inaccuracies, or omissions in the content
- Unauthorized access to or alteration of your transmissions or data
- Any conduct or content of any third party linked from the Site
- Any personal injury, property damage, or other harm resulting from your reliance on information or advice found on the Site
In no event shall our total liability to you for all claims arising out of or relating to the use of the Site exceed the amount of one hundred US dollars ($100.00) or the equivalent in your local currency.
7. External Links
TidalMark may contain links to third-party websites, including but not limited to Unsplash, travel resources, and photography-related services. These links are provided for your convenience and informational purposes only. We do not:
- Endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites
- Guarantee the accuracy, relevance, or safety of any external content
- Have any affiliation with linked sites unless explicitly stated
You access third-party websites at your own risk. We encourage you to review the terms and privacy policies of any external site you visit through links on TidalMark.
8. Modifications to Terms
We reserve the right to update, modify, or replace these Terms of Service at any time at our sole discretion. When we make changes:
- We will update the "Effective date" at the top of this page
- We will post the revised Terms on this page
- For significant changes, we may provide a notice on the Site's homepage or through other reasonable means
Your continued use of the Site after any modifications constitutes your acceptance of the revised Terms. We recommend reviewing this page periodically to stay informed of any changes. It is your responsibility to check for updates.
9. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or your use of the Site shall be resolved exclusively in the competent courts of the jurisdiction in which TidalMark operates.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
10. Contact Information
If you have any questions, concerns, or feedback regarding these Terms of Service, please do not hesitate to reach out through our Contact Us page. We value your input and will make every effort to respond to your inquiry in a timely manner.
For matters related to copyright infringement or intellectual property concerns, please include relevant details and URLs in your message so that we can address the issue promptly and appropriately.