Terms of Use
Updated on 01/01/2025 at 10:00AM ETThese Terms and Conditions (hereinafter the “Terms”) are entered into by and between You as the (”Service Requester”) and Sharks, LLC and its Affiliates (“Company”, “we” or “us”). The following Terms together with any documents they expressly incorporate by reference govern your access to and use of https://www.sharks.ae including any content, functionality and services offered on or through the Website (“Website”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE AND SERVICES AS THEY ARE BINDING ON YOU. BY USING THE WEBSITE AND SERVICES, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS OR IF YOU DO NOT HAVE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF A COMPANY, YOU MAY NOT ACCESS OR USE THE WEBSITE.
(1) Changes to the Terms
(a). We may make changes to these Terms at any time at our sole discretion. Such changes may be done with or without notice. Any such changes will become binding on you upon your first use of the Website after the changes have been implemented. You are therefore advised to check this page from time to time.
(2) Accessing the Website
(a). Access to the Website is provided free of charge. It is your responsibility to make any and all arrangements necessary in order to access the Website. Access to the Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Website, or any part of it at any time without notice. We will not be liable to you in any way if the Website or any part of it is unavailable at any time and for any period.
(3) Intellectual Property Rights
(a) You expressly acknowledge and agree that any and all Intellectual Property Rights associated with the Website and its Content (including, but without limitation to all art, design, text, graphics, user interfaces, “look and feel”, photos, audio, video, complication of the content, code and data, computer code and all other forms of information or data), as between you and the Company, are our property, and that of our affiliates or are licensed for our use, unless otherwise is expressly set forth in these Terms.
(b) The Content is protected by Intellectual Property Rights and other laws available in the United States of America and other countries. Elements of the Website are also protected by unfair competition, and other laws and may not be copied or imitated in whole or in part.
(c) All customized graphics, icons, and other items that appear on the Website are trademarks, service marks or trade name ("Marks") of the Company, its affiliates or other entities that have granted us the right and license to use such Marks and may not be used or interfered with in any manner without our express written consent.
(d) Except as otherwise expressly authorized by these Terms, or without our prior written permission, you are not allowed to reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner reuse the Content. Except as expressly provided herein, we do not grant to you any express or implied rights to our Intellectual Property Rights or that of any third party.
(4) Information Purposes
(a) All information displayed on the Website is provided for informational purposes only and is not intended to provide and shall not constitute professional advice of any nature. Neither we nor our third-party providers are not responsible for any errors, incompleteness, inaccuracies, delays or actions taken depending on the information contained therein. Before making any decisions based on any information or other Content on the Website, you alone are responsible for evaluating the merits and risks associated with utilizing such information.
(5) Changes To The Website
(a). We may update the Content on this Website from time to time, but its Content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
(6) Disclaimer of Warranties
(a) The Website is provided on an “as is” and “as available” basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law: specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non‑infringement. We do not make any representations or warranties that access to the Website, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error‑free.
(7) Limitation on Liability
(a) To the fullest extent permissible by law, we accept no liability to any user of the Website for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any Content included on the Website.
(b) To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees, whether express or implied, that may apply to the Website, or any Content included on the Website. We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
(c) We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. However, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website, or any other Website referred to on the Website.
(d) We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Nothing in these Terms excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
(e) Payouts Liability: Our obligation to make any payment to suppliers and vendors is strictly conditional upon, and subject to, our actual receipt of the corresponding payment from our clients for the relevant services (a “Pay When Paid” condition). We shall have no independent obligation to pay any supplier or vendor until such client payment has been received in full. Our payment cycle is ninety (90) days from valid receipt of the corresponding invoice from the supplier/vendor.
(8) Reliance on Third Parties
(a) In order to deliver the Website to you we rely on certain third-party service providers, including but not limited to our web hosting service provider. We have no control on these service providers. Any system failure, technical error or any other negative event may affect the delivery of the Website to you. We shall not be liable or responsible for any negative events that hinder your enjoyment of our Website due to fault or negligence of our service providers.
(9) Indemnification
(a) You agree to indemnify and hold us and any of our founders, officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Website, (ii) your violation of these Terms, or (iii) your violation of applicable laws or regulations. We retain the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
(b) You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
(10) Miscellaneous
(a) No waiver by us of any term or condition set out in these 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 ours to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
(b) The provisions of these Terms are independent of one another. In case any provision of the Terms is found by a competent court or authority to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
(c) These Terms, including any rules or policies incorporated by reference into them, are the whole agreement between you and us concerning the Website. We exercise all reasonable skill and care to ensure that our Website is secure and free from viruses and other malware. Please note, it is your responsibility to protect your hardware, software, data, and other material from viruses, malware, and other Internet security risks.
(d) Cancellation Policy: Upon execution of the contract and /or receipt of payment, whether in full or in part, the advertisement booking shall be deemed final and binding. No cancellations will be accepted thereafter. All payments made, including any Agency Fee, are strictly non-refundable under all circumstances, and no portion thereof shall be credited or applied to any future advertisements or services. Where multiple advertisements are contracted and/or agreed upon with designated publication dates or timeframes, failure by the (”Service Requester”) to provide the required materials or utilize the reserved advertising slots within the agreed period shall constitute a waiver of those unused advertisements.
(e) Rescheduling: The Service Requester shall have the right to request rescheduling of the advertising campaign or reminder posts up to seventy‑two (72) hours prior to the originally agreed‑upon date, subject to the prior written approval of the Influencer. Any such rescheduling shall not extend beyond thirty (30) days from the originally scheduled date; if the Service Requester fails to secure a new mutually agreed date within that thirty‑day period, the advertising campaign or reminder posts shall be deemed cancelled without further liability to either party, unless otherwise agreed in writing by the Company or Influencer.
(11) Incorporation of Materials and Documents by Reference
(a) These Terms also apply to and govern any documents, communications, materials, or services that the Company provides or makes available to the Service Requester outside the Website, including (without limitation) those delivered or transmitted by email, file transfer, cloud storage, or other electronic or physical means. Any such documents, communications, materials, or services are hereby incorporated into these Terms by reference as if fully set forth herein and shall be subject to these Terms in the same manner as if accessed directly through the Website. In the event of any conflict between the express provisions contained in such externally provided materials and these Terms, these Terms shall prevail to the extent of any such inconsistency, unless the Company expressly states otherwise in writing.
(12) Disputes; Mandatory Arbitration
(a) Unless otherwise elected by the Agency at its sole discretion, this Terms Of Services and the provision of services provided by SHARKS® shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any dispute, controversy, or claim arising out of or relating to these Terms of Service or the provision of services by SHARKS®, including any question regarding its existence, validity, performance, or termination, shall be finally resolved exclusively by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre (DIAC), which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one (1). The seat (”legal place”) of arbitration shall be Dubai, United Arab Emirates.The language of the arbitration shall be English.The arbitral award shall be final and binding on both Parties.This arbitration clause supersedes any other dispute resolution provisions contained within these Terms of Service or any related agreements.
Disclaimer: We acts solely as an intermediary between any Service Requester/brand/advertiser and the talent/s in connection with any advertising campaign. we does not own, operate, endorse, promote, manage, or participate in any advertising projects that involve cryptocurrency projects or related activities. Our involvement is strictly limited to facilitating advertising arrangement between the Service Requester and the talent/s, and nothing in in any collaboration should be construed as an endorsement, investment recommendation, or affiliation with any cryptocurrency project by Us.
(13) Comments and Concerns
If you have questions, feedback, or requests about our Terms, please use the following contact information: [email protected]