Terms of Service

Terms of Service

1. Introduction.

(A) Governing Terms. This website, including the features and services available from the site such as RSS feeds, podcasts, and embeddable video, (collectively “SharkYear.com”, “Shark Year Magazine” or “Site”) is an interactive on-line service operated by SharkYear.com. These Terms of Service, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service or feature (collectively “Terms of Service”) and the SharkYear.com Privacy Policy, set forth the terms and conditions that apply to your use of SharkYear.com. By using SharkYear.com, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Service, you should not access or use SharkYear.com.

(B) Changes to Terms of Service. SharkYear.com may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of SharkYear.com after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

(C) Changes to Site. SharkYear.com may change or discontinue any aspect, service or feature of SharkYear.com at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.

(D) Registration. You may be given the opportunity to register via an online registration form to create a user account (your “Account”) that may allow you to receive information from SharkYear.com and/or to participate in certain features on the Site such as certain Interactive Areas. SharkYear.com will use the information you provide in accordance with the SharkYear.com Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that SharkYear.com may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service.

2. Community Guidelines & User Content

(A) Interactive Areas. SharkYear.com may contain comments sections, discussion forums, bulletin boards, or other interactive features (“Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on SharkYear.com, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and SharkYear.com.

(B) Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with SharkYear.com, you agree to abide by the following rules of conduct:

•        You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;

•        You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.

•        You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.

•        You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;

•        You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;

•        You agree not to upload, post or otherwise transmit, without SharkYear.com express prior approval, User Content which contains advertising or any solicitation with respect to products or services;

•        You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;

•        You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;

•        You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about SharkYear.com users or posting private information about a third party;

•        You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;

•        You agree not to interfere with or disrupt SharkYear.com or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

•        You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

•        You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of SharkYear.com;

•        You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by SharkYear.com, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on SharkYear.com;

Any conduct that in SharkYear.com sole discretion restricts or inhibits anyone else from using or enjoying SharkYear.com will not be permitted. SharkYear.com reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. SharkYear.com is not responsible for User Content submitted to SharkYear.com or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of SharkYear.com.

(C) Monitoring. SharkYear.com shall have the right, but not the obligation, to monitor User Content posted or uploaded to SharkYear.com to determine compliance with these Terms of Service and any operating rules established by SharkYear.com and to satisfy any law, regulation or authorized government request. Although SharkYear.com has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to SharkYear.com, SharkYear.com reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to SharkYear.com at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.

3.. Third Party Content.

SharkYear.com is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of SharkYear.com, are those of the respective author(s) or distributor(s) and not of SharkYear.com. Neither SharkYear.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through SharkYear.com represents the opinions and judgments of the respective user or information provider not under contract with SharkYear.com. SharkYear.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on SharkYear.com by any third party. Under no circumstances will SharkYear.com be liable for any loss or damage caused by your use or reliance on information obtained through SharkYear.com. SharkYear.com is not responsible for any actions or inaction on your part based on the information that is presented on SharkYear.com. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through SharkYear.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

4. Copyright Ownership.

SharkYear.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of SharkYear.com are copyrighted as a collective work under the United States copyright laws. SharkYear.com owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SharkYear.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

5. Advertisements and Promotions

SharkYear.com may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than SharkYear.com, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. SharkYear.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

6. Disclaimer of Warranty; Limitation of Liability.

(A) YOU EXPRESSLY AGREE THAT USE OF SHARKYEAR.COM. SHARKYEAR.COM IS AT YOUR SOLE RISK. NEITHER SHARKYEAR.COM, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SHARKYEAR.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SHARKYEAR.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SHARKYEAR.COM.

(B) NEITHER SHARKYEAR.COM, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(C) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SHARKYEAR.COM, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SHARKYEAR.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER SHARKYEAR.COM, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

(D) SharkYear.com disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing SharkYear.com, you acknowledge and agree to SharkYear.com disclaimer of any such liability. If you do not agree, you should not access or use SharkYear.com.

7. Indemnification.

You agree to defend, indemnify and hold harmless SharkYear.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of SharkYear.com by you or your Account.

8. Termination.

SharkYear.com may terminate or suspend these Terms of Service at any time without notice to You. Without limiting the foregoing, SharkYear.com shall have the right to immediately terminate your Account in the event of any conduct by you which SharkYear.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service.

9. Trademarks.

SharkYear.com, its parent, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on SharkYear.com are the property of their respective owners.

10. Copyrights and Copyright Agent.

SharkYear.com respects the rights of all copyright holders and in this regard, SharkYear.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders and initiate a “Take Down”. If you believe that your work has been copied in a way that constitutes copyright infringement, first please fill out our Contact US form and put “copyright” in the subject line and provide as much information as possible to point out the copyright infringement and prove ownership. The more information you provide required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: the quicker we can initiate a “Take Down”.

Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you have any questions about this Terms of Service still unanswered after reviewing this policy, please do not hesitate to contact us. Use the Contact US form and include “terms” in the subject field.

These Terms of Service were last updated on June 31, 2011.