SharkFree Website Terms of Use

This website www.sharkfree.com (the “Website”) is operated by the Shark Free Coalition (“Shark Free Coalition”, “we”, “us”, “our”), used under license from the Rob Stewart Sharkwater Foundation. Please read the following Terms of Use (“Terms of Use”) before downloading and / or using the Site or any of the services available through the Site (“Services”). By downloading, accessing and using the Site or the Services, you agree to be bound by all the Terms of Use set forth herein, and confirm this agreement is concluded between you and The Shark Free Coalition and not Apple or Google. If you do not agree with these Terms of Use, you should not access the Site nor download any part of its content.

OWNERSHIP/RESTRICTIONS ON USE

The website is operated by the Shark Free Coalition. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Site are proprietary to The Shark Free Coalition, its affiliates and/or third-party licensors. The Content is protected by applicable copyright and other intellectual property laws. Except as set forth herein, you may not use, modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of The Shark Free Coalition.

Unless otherwise specified, the Site is for your personal and non-commercial use and for purely informational purposes.

ACCURACY OF INFORMATION

Although the Shark Free Coalition takes all possible steps to ensure the accuracy of the information or Content included on this Site, no assurance is given that information or material on this Site is up-to-date, accurate, error-free or complete. The Shark Free Coalition takes no responsibility for errors or omissions in the information or Content of this Site. We reserve the right to correct, change or update information at any time without prior notice.

REGISTRATION AND PASSWORDS

To access certain portions of the Site, you may be asked to create an account or complete an online registration form. In consideration for your use of this Site and the Services provided on it, you agree to provide true, current, complete and accurate information as requested to which this Site may direct you, and to update that registration information as soon as possible after any information on such registration form changes. As part of the registration process, you may be asked to provide a user name or password. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Site under such password or user name. You agree to immediately notify The Shark Free Coalition of any unauthorized use of your password or user name or any other breach of security.

LINKING

We may offer links on the Site to other websites, including social networking websites, which are owned and operated by third parties. We provide these links as a convenience to our visitors. We do not review the content of such websites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party websites. You assume full responsibility for your use of third party websites. Such websites are governed by terms and conditions different from those applicable to this Site, and we encourage you to review the terms and privacy policies of those third parties before using their websites.

REVIEWS & CODE OF CONDUCT

From time to time, The Shark Free Coalition may provide you with the opportunity to submit responses or other content or materials (“Material”) to the Site, such as through a discussion forum or bulletin board (“Forums”). As a condition of your continued access to and use of this Site, including the Forums, you agree to abide by all applicable federal, state and other laws and regulations, the other conditions of these Terms of Use, and any other rules which may be published from time to time by The Shark Free Coalition. In addition, without limiting the foregoing, you agree not to:

upload, post, e-mail or otherwise transmit any Material that:
- is known by you to be false, inaccurate, or misleading;
- infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
- constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
- you were compensated or granted any consideration by any third party to upload, post, e-mail or transmit unless otherwise authorized by The Shark Free Coalition in writing; or
- contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program;
harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Site, including e-mail addresses, without the express consent of such users;
for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Site;
impersonate any person or entity, including, but not limited to, a The Shark Free Coalition employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means;
interfere with or disrupt networks or servers connected to the Site or violate the regulations, policies or procedures of such networks; or
use, download or otherwise copy, or provide to any person or entity any Site users directory or other user or usage information or any portion thereof other than in the context of your use of the Site.

The foregoing is hereinafter collectively referred to as the “Code of Conduct.” The Shark Free Coalition is not responsible for Material posted on such Forums and will not have any liability related to the content of any such
communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. Any Material submitted represents the views and opinions of the person(s) submitting same. The Shark Free Coalition may, but is not obligated too, monitor or review activity and the content of any communications on Forums. The Shark Free Coalition reserves the right to terminate the privilege of any user to post on a Forum if such user violates these Terms of Use and/or the Code of Conduct. For any Material that you submit, you grant The Shark Free Coalition a world-wide, royalty-free, unrestricted, irrevocable, transferable right and license to use the content however The Shark Free Coalition desires, including without limitation, to copy, reproduce, delete in its entirety, modify, adapt, translate, publish, translate, license, communicate by telecommunications to the public all or any portion of the content, create derivative works from and/or distribute such content and/or incorporate such content into any form, medium or technology now known or later developed throughout the world, in all cases without your prior approval and without compensation to you, and you further waive any “moral rights” that you may have in the Material.

You acknowledge that The Shark Free Coalition may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained on the Site. You agree that The Shark Free Coalition has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained on or transmitted by the Site.

DISCLAIMER / LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Although we strive to update and keep the Content contained on the Site accurate as much as possible, errors and/or omissions may occur. ACCORDINGLY, THIS SITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SHARK FREE COALITION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SHARK FREE COALITION DOES NOT WARRANT THAT THE FUNCTIONS ON
THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL THE SHARK FREE COALITION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT OR SERVICES, EVEN IF THE SHARK FREE
COALITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to indemnify and hold harmless The Shark Free Coalition, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) any Material you (or anyone acting under your password or user name) submit, post, transmit or make available on the Site and/or (b) your (or anyone acting under your password or user name) use of this Site, connection thereto, or any alleged violation by you of these Terms of Use, including the Code of Conduct.

PRIVACY

Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage personal information.

CHANGES AND TERMINATION

Neither Apple nor Google have any responsibility for providing maintenance or support services for the App. (WE DO NOT HAVE AN APP) The Shark Free Coalition reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Further, The Shark Free Coalition reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Site. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Site after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Site constituting consideration from The Shark Free Coalition to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any Content available through the Site, is to stop visiting and using the Site.

TRADEMARKS

All marks, graphics, typefaces, trade dress, trademarks and logos appearing on the Site are property of The Shark Free Coalition or of their respective owners. Our trademarks, trade dress and other intellectual property may not be used in any manner for any purpose without our express written consent.

APPLICABLE LAWS

Unless the applicable laws of your jurisdiction require that the laws of such jurisdiction govern, these Terms of Use are governed by and construed in accordance with the laws of New York is applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the state, county, and city of New York.

If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and any and all other legal notices or statements posted on the Site, including the Privacy Policy, constitute the entire agreement between you and The Shark Free Coalition with respect to the use of the Site, including the Content.

NOTICE

Notices to you may be made via email or regular mail or, in cases of changes to these Terms of Use or to the Services offered by the Site, by posting notices or links to such notices on the Site itself. If you have any questions or comments regarding these Terms of Use please contact us at info@therobstewartsharkwaterfoundation.org.

Last Update: February 2022