Terms of Service

Last updated: July 2025

Welcome to The Tidepool! This website, jointhetidepool.com (“Site”), and its related services (“Services”) are operated by The Tidepool (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our Site and Services.

By accessing, Browse, or using our Site or Services, you agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If you do not agree to these Terms, you must not use our Services.

1. Eligibility and Account Requirements

To use The Tidepool, you must:

  • Be 18 years of age or older. By creating an account, you represent and warrant that you are at least 18 years old.
  • For Content Creators: You must have one of the specific disabilities listed on our sign-up form and be able to provide verifiable proof of your disability and age as requested by us. This may include, but is not limited to, submitting an age verification video clip for “Verified” accounts. We reserve the right to deny or revoke “Verified” status at our sole discretion.

2. Our Platform’s Purpose and Your Role

The Tidepool provides a unique community networking platform designed to:

  • Connect disabled content creators (“Creators” or “Models”) with individuals interested in supporting and potentially acquiring custom content from them (“Supporters” or “Buyers”).
  • Offer a directory where Supporters can discover Creators, view their profiles, and initiate private chat-based communication.
  • Facilitate the negotiation of custom content and direct transactions between Creators and Supporters outside of our platform.

Important Note:

  • No Content Hosting or Transactions on The Tidepool: The Tidepool does NOT host, process, or facilitate any adult or explicit content, any files, or any direct payments or transactions for content on our platform. All discussions, agreements, payments, and content exchanges related to custom content must occur entirely off The Tidepool platform, directly between the Creator and the Supporter.
  • We aim to foster a safe and respectful environment for all users.

3. Off-Platform Interactions and Our Disclaimers

Any and all interactions, negotiations, agreements, payments, and content exchanges that occur off The Tidepool platform (including, but not limited to, offsite communications, file transfers, or payments) are solely between the involved Creator and Supporter.

The Tidepool is not a party to these off-platform agreements or transactions. We do not oversee, monitor, endorse, guarantee, or assume any responsibility or liability for:

  • The quality, legality, or nature of any content or services offered or exchanged off-platform.
  • The truthfulness or accuracy of any statements made during off-platform negotiations.
  • The payment terms, delivery, or receipt of funds or content outside our platform.
  • Any disputes, damages, or losses arising from off-platform interactions or agreements.

You acknowledge and agree that you use our platform to connect with other users at your own risk regarding any off-platform activities.

4. Prohibited Conduct

You agree not to use our Services to engage in any activity that is illegal, harmful, or violates these Terms. This includes, but is not limited to:

  • Illegal Activities: Engaging in, soliciting, promoting, or facilitating any illegal acts, including child exploitation, human trafficking, fraud, harassment, or distribution of illegal content.
  • Prohibited Content/Requests: Attempting to obtain or solicit any content that is illegal, abusive, defamatory, harassing, obscene, sexually explicit (especially if it involves minors), or in violation of any applicable laws.
  • Impersonation: Impersonating any person or entity, or falsely representing your affiliation with a person or entity.
  • Harassment or Abuse: Engaging in any form of harassment, intimidation, hate speech, or abuse towards other users, whether on or off the platform.
  • Circumvention: Attempting to circumvent our subscription system, payment processes, or other security measures, or encouraging others to do so.
  • Unauthorized Access: Gaining or attempting to gain unauthorized access to our Site, user accounts, or systems.
  • Spamming/Malware: Sending unsolicited communications (“spam”), distributing viruses, or other malicious code.
  • Intellectual Property Infringement: Uploading, posting, or transmitting any content that infringes upon the intellectual property rights of others.
  • Misuse of Information: Using information obtained from The Tidepool for any purpose other than connecting with Creators/Supporters as intended by the platform, including for marketing, data scraping, or unauthorized commercial activities.

We have a zero-tolerance policy for child exploitation. Any indication of such activity will result in immediate account termination and reporting to relevant law enforcement agencies.

5. Subscriptions and Payments

  • Subscription Model: Supporters may purchase subscriptions to access our Services, including the Creator Directory and private messaging features.
  • Payment Processor: All subscription payments are processed securely through our approved third-party payment processor, Stripe.
  • Payment Information: The Tidepool does not directly access, store, or process your sensitive payment card information. This data is handled entirely by Stripe in accordance with their privacy policies and security standards.
  • Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle (e.g., monthly) unless you cancel it before the renewal date.
  • No Refunds: As stated in our FAQ, we do not provide refunds for subscription fees. You may cancel your subscription at any time to prevent future charges.

6. User-Generated Content (UGC)

  • Your Content: You are solely responsible for any content (including text, photos, links, and other materials) that you upload, post, or transmit on The Tidepool (“Your Content”).
  • Rights and Licenses: By submitting Your Content, you grant The Tidepool a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content on the Site and in connection with the Services for the purpose of operating and promoting The Tidepool.
  • Representations and Warranties: You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use Your Content as described in these Terms, and that Your Content does not infringe any third-party rights or violate any applicable laws.
  • Content Moderation: We reserve the right, but are not obligated, to review, monitor, or remove any Content at our sole discretion, especially if it violates these Terms or is deemed inappropriate.

7. Intellectual Property

  • Our Property: All content on The Tidepool, including text, graphics, logos, designs, software, and trademarks (excluding User-Generated Content), is the property of The Tidepool or its licensors and is protected by intellectual property laws.
  • Your Use: You may not reproduce, distribute, modify, create derivative works of, publicly display, or in any way exploit any of our copyrighted material or trademarks without our express written permission.

8. Account Security and Termination

  • Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
  • Suspension/Termination: We reserve the right to suspend or terminate your account and access to our Services at any time, without prior notice or liability, for any reason, including but not limited to:
    • Violation of these Terms.
    • Engaging in suspicious, fraudulent, or illegal activity.
    • Any behavior that we, in our sole discretion, deem harmful to The Tidepool, its users, or third parties.
  • Effect of Termination: Upon termination, your right to use the Services will immediately cease. Sections related to disclaimers, limitation of liability, intellectual property, and governing law will survive termination.

9. Disclaimers and Limitation of Liability

The Tidepool’s 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, or non-infringement.

The Tidepool does not warrant that:

  • Our Services will be uninterrupted, secure, or error-free.
  • The results obtained from the use of our Services will be accurate or reliable.
  • Any defects or errors will be corrected.

To the fullest extent permitted by applicable law, The Tidepool, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, data, or other intangible losses, resulting from:

  • Your access to or use of, or inability to access or use, the Services.
  • Any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties.
  • Any content obtained from the Services.
  • Any off-platform interactions, agreements, or transactions between users, including any disputes or damages arising therefrom.
  • Unauthorized access, use, or alteration of your transmissions or content.

In no event shall The Tidepool’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Services during the twelve (12) months immediately preceding the date of the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless The Tidepool, its affiliates, 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:

  • Your use of and access to the Service.
  • Your violation of any term of these Terms.
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
  • Any disputes or claims arising from your off-platform interactions, agreements, or transactions with other users.
  • Any claim that Your Content caused damage to a third party.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or your use of the Services will be resolved exclusively in the state or federal courts located in Ventura County, California. You agree to waive any objection to venue in such courts.

12. Changes to Terms

We may revise these Terms at any time by posting the updated Terms on our Site. The “Last Updated” date at the top of these Terms will indicate when the latest changes were made. Your continued use of the Site and Services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

13. Miscellaneous

  • Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and The Tidepool regarding your use of the Services.
  • Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
  • No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Contact Us

For any questions about these Terms, please contact us at: [email protected].