Terms & Conditions
Thank you for visiting our website, accessible at https://sharksmind.com/ (the “Site”). It is important that you read these terms of service (“Terms”) carefully as they contain essential information about the terms and conditions that guide your use and access to the Site and any of the Site’s related services, including Content (as defined below), features, offers, advertisements, Third Party Content or Third-Party Services (as described below) (collectively “Services”). These Terms, along with the Privacy Policy (available at https://sharksmind.com/privacy-policy/ and incorporated by reference into these Terms), establish the legal basis for and constitute a legally binding agreement between you (either an entity or an individual) and SharksMind (the “Company,” “we,” or “us”).
You accept these terms by accessing, utilizing, or interacting with the Site and the Services. If you disagree with these terms, do not use the Site or any of the Services.
1. ACCEPTANCE OF TERMS
BY ACCESSING, INTERACTING WITH, OR OTHERWISE USING THE SITE OR SERVICES (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS (INCLUDING THE PRIVACY POLICY INCLUDED HEREIN) AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE DO NOT USE, ACCESS, OR USE ANY OF THESE SERVICES UNLESS YOU AGREE TO THEM.
2. IMPROVEMENTS TO THE SERVICES AND TERMS
If necessary, we may modify, correct, amend, enhance, improve, or make any other changes to, suspend or discontinue the Site, the Services, or any portion of them, temporarily or permanently. In addition, we may introduce additional features, functionalities or terminate others, including modifying or revising this agreement or adding or removing terms (the “Changes”) at any time and without notice, without any liability, including, without limitation, any changes that may be made automatically to improve, enhance or debug versions of the Services or aspects of the Site. You will be notified of any material changes before they take effect via the Site or any other form. Following any modifications or revisions to the Site and/or the Services, you accept such changes entirely and irrevocably. To ensure that you are aware of the most recent Terms, we recommend visiting these Terms regularly. Any of the Changes can be rejected by discontinuing your use of the Site or Services.
3. THE SITE AND SERVICES
We bring you entertainment articles, news, and content, including but not limited to stories about music, television, movies, and celebrities.
Content, editorial, or sponsored content such as ads and offers may be included in the Services. Content may consist of articles, opinions, feedback, comments, recommendations, invitations, offers, deals, referrals, messages, or reviews. Various types of content can be provided, including text, images, links, URLs, photos, audio, video, location data, and other forms of communication or data (“Content”).
4. COOKIES
We use cookies to enhance your experience. By accessing SharksMind, you agree to SharksMind’s Privacy Policy. Most interactive websites use cookies to retrieve user information during each visit. To make the experience more accessible for people visiting our website, we use cookies to enable the functionality of certain areas. Cookies may also be used by some of our affiliate/advertising partners.
5. ELIGIBILITY TO USE THE SITE AND SERVICE
You must be of legal age or have the relevant power and authority to enter into these Terms to access or use the Site and/or Services. You are not permitted to access or use the Services if you are a minor or if we have prohibited, terminated, or suspended your access.
6. THIRD PARTY CONTENT AND SERVICES
The Site and Services may contain third-party material, such as licensed Content, sponsored content, widgets, offers, or deals (collectively, “Third Party Content”). In addition, the Site and Services may use third-party services, some of which are visible to users and others of which are not, such as analytics, research, and other services that assist us in operating and maintaining the Site, providing the Service, and continually developing and improving them (“Third Party Services”). We offer no representations or guarantees and assume no responsibility for any Third Party Content or Third Party Services, including loss or damage caused by your use of or reliance on such Third Party Content or Third Party Services. The inclusion of any Content on the Site or within the Services does not constitute or imply our endorsement or recommendation, and your use of or reliance on any Third Party Content or Third Party Services is at your own risk. In addition, when you access any third-party sites (through a link given on the Site), please note that your rights and obligations while accessing and using those sites are governed by the applicable agreements and rules.
If you discover any Third Party Content on the Site and/or Third Party Services to be offensive, abusive, or otherwise in violation of the law, don’t hesitate to contact us at: [email protected] with as many details as possible, and we will investigate accordingly.
7. RESTRICTIONS ON USE
You may only use the Site and/or Services for legitimate purposes and in accordance with relevant law. Your use of the Site and/or Services is strictly limited to personal, non-commercial purposes and is restricted to accessing, viewing, downloading (in the event Content is available to you via a widget, embedded player, or other technology), and sharing Content via a social media platform (through social media plugins integrated on the Site and are clearly marked, such as Facebook, Twitter and Google Plus). If you choose to share any Content using these plugins, you do so at your own risk, judgment, liability, and obligation, and we offer no representations or warranties and shall not be liable for such sharing, including if the social platform on which you posted the Content restricts such Content.
Except as expressly permitted and granted in these Terms, you may not (directly or indirectly) do any of the following:
- Copy, download (except for Content available via a widget, embedded player, or other technology), display, transmit, upload, broadcast, rewrite for broadcast, publish, modify, translate, reverse engineer, decompile, or disassemble the Site or Services;
- Crawling, scraping, or accessing the Site or Services in any automated, non-human way;
- Unauthorized access to data, such as login into a server or account that you are not permitted to access;
- Interfere in any way with the functioning of the Site or any of the Services or with other users who are using the Site and Services, including, but not limited to, transmitting a computer virus or other harmful programming;
- Share, allow others to use, rent, lease, or transfer the Services or any rights to use them;
- Delete or change any data, attributions, legal notices, or other proprietary designations or labels on the Site or any third party material contained or otherwise accessible on or via the Site;
- Use the Site alone or in conjunction with other products to violate the rights of a third party, including, but not limited to, their intellectual property rights;
- To abuse, harass, or infringe in any way the privacy of any third party or another user, or to track, store, transmit, or record the personal information of any other Site user;
- Use the Site or the Services in violation of any applicable law, rule, regulatory act, agreements, or policies;
- Damage, interfere with, or disrupt in any way the Company, the Site, or any of the Services;
- Use the Site or Services for any non-personal, non-commercial purposes;
- Contravene these Terms (including our Privacy Policy).
8. INTELLECTUAL PROPERTY AND OWNERSHIP
You acknowledge at this time that the Content is produced and distributed by Third-Party Service Providers or by us, who specialize in such Content creation and editing. All of our writing and editing partners are required to provide us with original content and adhere to any intellectual property regulations. However, we cannot always ensure that all of our writing and editing partners meet our requirements to the letter, and we make no representations on their behalf.
We or our licensors own the Site, the Services, the Content, and its respective revisions, updates, upgrades, components, features, and programs, as well as any copies thereof. Including, but not limited to, inventions, patents, patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs, specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, and trade secrets, whether or not registered (collectively, “Intellectual Property”). Nothing in these Terms shall be construed as transferring to you ownership of any Intellectual Property right, title, or interest in or to the Site or Services, but only a limited, revocable right of use in accordance with these Terms. Nothing in these Terms waives our intellectual property rights under any applicable legislation.
Notice and Removal. The protection of the Intellectual Property rights of others is important to us, and we make every effort not to infringe on such rights. If you have cause to suspect and can demonstrate by proof that a Content on the Site and/or Services is violating another party’s copyright, please notify us at [email protected] with all the relevant information, links, and URLs, and we will investigate appropriately. Please visit https://sharksmind.com/dmca for more information regarding our notice and takedown method in compliance with common Intellectual Property regulations.
9. DISCLAIMER: LIMITATION OF LIABILITY
WHILE WE MAKE ALL REASONABLE EFFORTS TO INCLUDE ACCURATE AND CURRENT INFORMATION ON THE SITE AND THE SERVICES, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO ITS ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR OTHERWISE.
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE ENTIRE RISK ARISING FROM YOUR USE OR ACCESS TO THE SITE AND THE SERVICES REMAINS WITH YOU, AND WE MAKE NO GUARANTEES REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE OR SERVICES, THEIR SAFETY OR SECURITY, OR THEIR CONTENT. WE ALSO DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, FUNCTIONAL, UNINTERRUPTED, TIMELY, SECURE, COMPLETE, OR ERROR-FREE, NOR DO WE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE IMPLIED WARRANTIES ABOVE TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL ONLY APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IN NO CASE AND FOR NO REASON CAN THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, THEIR EMPLOYEES, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND AGENTS (COLLECTIVELY “COMPANY PARTIES”) be held LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT OR REVENUES, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING:
- YOUR USE OF OR ACCESS TO THE SITE AND/OR SERVICES, RESPECTIVE CONTENT, OFFERS, SOFTWARE, APPLICATIONS
- YOUR INABILITY TO USE OR ACCESS TO THE SITE OR THE SERVICES
- THIRD-PARTY CONTENT, INCLUDING SOFTWARE COMPONENTS, SPONSORING MECHANISMS, OR ANY OTHER PRODUCTS ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR SERVICES
- THESE TERMS
- ANY IMPROPER USE OF INFORMATION YOU PROVIDE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION
IN NO EVENT SHALL THE COMPANY’S LIABILITY IN CONNECTION WITH THE SITE OR SERVICES EXCEED THE AMOUNTS (IF ANY) PAID BY YOU FOR THE APPLICABLE SERVICES IN THE SIX MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses, including attorneys’ fees, arising out of, relating to, or in connection with any of the following:
- Your access to or use of the Site or Services;
- Your interaction with the Services, Third Party Content, or any portion thereof;
- Your fraud, your willful misbehavior, or your gross negligence; or
- Your violation of any relevant law or rights of a third party (including, but not limited to, intellectual property rights or privacy rights) or your violation of these Terms.
11. TERMINATION
We retain the right to modify, terminate, or suspend all or any portion of the Site or the Services, or your access to the Site and Services, for any reason or no reason at all, and/or to impose general guidelines or use restrictions on your continued use of the Site and Services. We may or may not notify you of the termination, depending on the circumstances, without incurring any liability.
You may terminate this agreement at any time by discontinuing the Site and Services usage.
If these Terms are terminated, any provision that by its terms or intent is intended to survive termination shall remain in full force and effect, including sections 3 through 10 and 12.
12. GENERAL PROVISIONS
- These Terms do not form and shall not be interpreted as creating a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
- If any section of these Terms is determined to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any other provisions.
- Without our prior explicit written agreement, you may not assign, sublicense, or otherwise transfer any or all of your rights or responsibilities under these Terms.
- The Company’s waiver of any breach or default under this Agreement shall not be construed as a waiver of any preceding or future breach or default.
- Any heading, caption or section title included in this document is merely for convenience and does not define or explain any section or provision.
12. CONTACT US
If you have questions regarding these Terms or the Site, please email us at [email protected].