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Effective Date: January 1, 2019
Applies to all purchases from the sharkjockey.com website, web store, and third-party links including but not limited to Spreadshirt.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms and conditions (“Purchase Terms & Conditions”) apply to your purchase of products and services, including without limitation merchandise, access to our Hosted Content (defined below), Digital Content (defined below), and other products and services (“Product”) sold by Shark Jockey (“we”, “our”, or “us”) from our online store with a homepage located at www.sharkjockey.com (the “Site”).
By placing your order for Product, you accept and are bound to these Purchase Terms & Conditions and any Product-specific rules or usage provisions specified on any Product detail page or in any link from a Product detail page (“Rules”). In addition, your use of the Site is subject to our Terms of Service (“Terms of Service”) available at https://sharkjockey.com/terms-of-service. These Purchase Terms & Conditions shall apply only to your purchase through the Site. Any purchases you make of our products by any other means or method will be governed by a separate purchase agreement between you and Shark Jockey.
1. Eligibility. By placing an order, you represent and warrant that you have read these Purchase Terms & Conditions, are at least eighteen (18) years of age, and you agree to be bound by these Purchase Terms & Conditions. If you are not at least eighteen (18) years of age, or do not wish to be bound by these Purchase Terms & Conditions, you are not authorized to place an order.
2. Digital Content; Hosted Content.
a. The Site offers downloads of digitized versions of audio recordings, artwork, and information related to such recordings, and other content (individually and collectively, “Digital Content”). The Site also offers access to and use of certain online services via the Site, including without limitation, online courses and related course materials (“Hosted Content”).
b. Limited License to Digital Content. Effective after our acceptance of your order for Digital Content and your payment of all associated fees, Shark Jockey grants you a non-exclusive, non-transferable, non-assignable, non-sublicenseable, license to use the Digital Content you purchase solely for your personal, non-commercial use, subject to and in accordance with these Purchase Terms & Conditions, the Rules and the Terms of Service. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial use, subject to and in accordance with these Purchase Terms & Conditions, the Rules, and the Terms of Service.
c. Limited License to Use Hosted Content. Effective after our acceptance of your order for Hosted Content and your payment of all associated fees, Shark Jockey grants you a non-exclusive, non-transferable, non-assignable license to use the Hosted Content you purchase solely for your personal, non-commercial use during the period of time set forth in the Rules for such Hosted Content (or, if no such period is set forth, ninety (90) days from the date of your purchase), subject to and in accordance with these Purchase Terms & Conditions, the Rules and the Terms of Service.
d. Restrictions. You represent, warrant, and agree that you will use the Hosted Content and Digital Content only for your personal, non-commercial use and not for any redistribution of the Hosted Content or Digital Content or other use restricted in these Purchase Terms & Conditions, the Rules, or the Terms of Service. Except as set forth in Sections 2.b, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend modify, adapt, edit, or license or otherwise transfer or use the Digital Content or Hosted Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content or Hosted Content. You acknowledge that the Digital Content and Hosted Content each embodies the intellectual property of Shark Jockey and/or third parties and is protected by law. You agree not to infringe the rights of the Digital Content’s and Hosted Content’s owners and to comply with all applicable laws in your use of the Digital Content.
e. Unique Identifiers. Digital Content may include unique identifiers that are specific to you or your purchase (“Unique Identifiers”). You may not modify, reverse engineer, decompile or disassemble or otherwise tamper with the Unique Identifiers.
f. Reservation of Rights. Except for the rights explicitly granted to you in these Purchase Terms & Conditions, all right, title, and interest in the Digital Content and Hosted Content are reserved and retained by us, and our licensors. You do not acquire any ownership rights in the Digital Content as a result of downloading Digital Content, and you do not acquire any ownership rights in the Hosted Content as a result of accessing and using the Hosted Content.
3. Purchases.
a. Purchases. In the event you wish to purchase Product, you will be asked by us, or an authorized third party on our behalf, to supply certain information such as your full name, address and credit card and/or other billing information. You agree to provide us or such third party with accurate, complete and current information, and to comply with these Purchase Terms & Conditions. You shall be responsible for all charges made in your Product order as well any applicable taxes. We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, per address or per order. These restrictions may include orders placed by the same customer, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
b. Payment. Terms of payment are within Shark Jockey’s sole discretion, and unless otherwise agreed by Shark Jockey, payment must be received by Shark Jockey prior to Shark Jockey’s acceptance of an order. Your right to any available Product (including Hosted Content) is conditional on our receipt of the appropriate payment for such Product in advance. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order. For physical Product, we do not charge your credit card until after your order has entered the shipping process.
c. Product Descriptions; Pricing. We attempt to be as accurate as possible in describing Product (including pricing) offered for purchase; however, we do not represent or warrant that all such descriptions are complete, current or error-free. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after orders are submitted). If physical Product offered on the Site is not as described, your sole remedy is to return it in unused condition. Despite our best efforts, a small number of the items on the Site may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
d. Shipping. Please allow up to ten (10) business days for delivery, depending on shipping method, to locations inside the United States of America (50 States and the District of Columbia), and up to fourteen (14) days for delivery to locations outside the United States.
e. Access to Purchased Hosted Content and Digital Content. After registering an Account and completing your purchase of Hosted Content, please allow up to 24 hours for such Hosted Content to appear in your Account. After purchasing Digital Content, please allow up to 24 hours for us to transmit an e-mail confirmation to you that includes a link to such Digital Content.
f. Return and Cancellation Policy. All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download, please contact Shark Jockey’s customer service group at the address specified below. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash, virus, malware, bug, or faulty backup. All clients are encouraged to backup their own websites, products, blogs, data, purchases, customer information, and other important resources on their OWN networks. Clients accept responsibility for the information that is critical to them at all times and understand that even if backups are in place by Shark Jockey, this does not necessarily mean that all information can be saved in the event of an emergency or unforseen virus. We may, from time to time, remove Digital Content and certain Hosted Content from the Service without notice. If within 72 hours of our acceptance of your order for Hosted Content, you send written notice to us at shout@sharkjockey.com that the Hosted Content did not meet your expectations and request a refund, your right to access and use the Hosted Content will terminate and you will be eligible to receive a refund of the purchase price for such Hosted Content. After the expiration of the 72 hour period, purchased Hosted Content that is payable in monthly installments (if applicable) may be cancelled by sending notice of your cancellation to shout@sharkjockey.com. If you cancel your subscription (if applicable) to Hosted Content as set forth in the previous sentence, your right to access and use the Hosted Content will terminate and you will receive no refund; however, your obligation to pre-pay for future months of your subscription to Hosted Content will terminate. To be eligible for a refund in connection with any other Product (e.g., physical merchandise) purchased via the Site, the applicable Product must be returned to us in its original packaging, in unused condition, and accompanied by the relevant packing slip or receipt within fourteen (14) days from the date of purchase.
g. Discontinuation of Hosted Content. We reserve the right to discontinue providing Hosted Content at any time. In the unlikely event that we discontinue providing Hosted Content that you have purchased from us prior to the expiration of the applicable Hosted Content access period described in Section 2.e above, you may be eligible for a refund as follows. If you purchased Hosted Content from us less than 72 hours prior to the discontinuation, you shall be eligible for a refund of the full purchase price received by us from you for that Hosted Content. If you purchased Hosted Content from us 72 hours or more prior to the discontinuation, your obligation to pre-pay for future months of your subscription (if applicable) to Hosted Content will terminate. Refunds will be credited back to the original credit card used for payment or, in the discretion of Shark Jockey, sent to you via check. All refund requests must include your full name and be made by you or the holder of the credit card used by you. Notwithstanding the foregoing, Shark Jockey reserves the right to cancel your access to Hosted Content or any other part of the Site in the event you breach any term or condition identified in (i) the Terms of Service, (ii) these Purchase Terms and Conditions or (iii) any Rule on the Site. In such event, you will not be entitled to any refund.
h. Product Availability. All Product orders are subject to availability.
i. Order Questions. For any inquiries regarding Product orders, please contact us via e-mail at shout@sharkjockey.com. If we have any questions about your order, you agree that we may contact you by phone, mail or email.
j. No Resale. You acknowledge and agree that no Product may be directly or indirectly repackaged or resold or sublicensed or rented by you, unless specifically agreed otherwise by us in writing.
k. Risk of Loss. Risk of loss and title for the physical Product purchased from the Site pass to you upon our delivery to the carrier. For purposes of clarity, ownership of the intellectual property in the Product remains at all times with Shark Jockey, subject to the limited licenses granted to you herein.
4. Restrictions on Use of Product. You acknowledge and agree that you will: (a) use Product only in a lawful manner and only in accordance with these Purchase Terms & Conditions, the Rules, and the Terms of Service; (b) not modify, edit or alter any Product in any manner without our prior written permission; and (c) not use any Product in a manner that may cause any consumer confusion as to our relationship with you or any third party or that may imply that Nick Stover or Shark Jockey endorses you or your products or services.
5. Disclaimer of Warranties. Without limiting the Disclaimer of Warranties in our Terms of Service, Product is provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Shark Jockey disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, availability, quality and non-infringement. Shark Jockey does not warrant or make any representations regarding the use or the results of the use of Product in terms of its correctness, accuracy, reliability, quality, or otherwise. Product could include technical inaccuracies or typographical errors. Product could be inaccurate or become inaccurate as a result of future developments. Shark Jockey undertakes no obligation to verify or maintain the currency of such information. Shark Jockey makes no representation or warranty that Product will be error free or that all errors will be corrected. IF YOU ARE LOCATED IN NEW JERSEY, YOU (I) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE A PRODUCT; (II) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE; AND (III) EXPRESSLY AGREE TO RELEASE AND DISCHARGE US , AND OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF ANY PRODUCTS; AND (IV) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST US FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON OUR PART AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
6. Termination; Amendments. Your rights under these Purchase Terms & Conditions will automatically terminate without notice from us if you fail to comply with any of their terms, or any terms of the Rules or the Terms of Service. In case of such termination, you must cease all use of the Digital Content and Hosted Content, and we may immediately revoke your access to any materials, social media platforms, website platforms, digital marketing platforms, content, creative, or other assets created with the help of Shark Jockey without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with these Purchase Terms & Conditions or the Rules or the Terms of Service will not constitute a waiver of any of our rights. We may amend any of the terms of such agreements at our sole discretion via posting of the revised terms on the Site. Your continued use of the Digital Content and/or Hosted Content after any such amendment’s effective date evidence your agreement to be bound by it. This Agreement is effective until terminated by us or you. In the event that services continue beyond the date provided by an agreement (in writing, through digital documentation, or through verbal commitment) between the client and Shark Jockey, the client agrees that continued payment will be provided to Shark Jockey for such services. The client agrees to continue with payments monthly, quarterly, or annually without dispute. The client agrees this is necessary and important so that services including, but not limited to, access to website and social media accounts that are setup, managed, or used by Shark Jockey do not disappear. The client agrees that failure to continue with payments for services for any reason may result in withholding and / or termination of access to all accounts, materials, knowledge, education, and content provided by Shark Jockey. The client agrees that even if access to materials or accounts was provided to the client previously by Shark Jockey, it is not Shark Jockey’s responsibility to continue providing access to the client and that all access can disappear at any time for any reason. Therefore, the client agrees that maintaining access to all materials and social media or website platforms are entirely the responsibility of the client. The client agrees that it/he/she/they/them will not hold Shark Jockey liable for any damages (whether they be real, assumed, imagined, proven, unproven, or disputed) that might occur when access to content, materials, social media or website platforms is removed by Shark Jockey for any reason. Shark Jockey, its representatives, and / or its vendors shall have the right to terminate this Agreement including, without limitation, your right to access and use the Services, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. You may terminate this Agreement at any time by deleting your user account(s) on the Service (if any exist) and discontinuing use of any and all parts of the Service. Upon termination of this Agreement for any reason, you shall immediately cease using the Service. You also agree that if services are terminated by you or Shark Jockey at any time or for any reason, then all access to materials, content, platforms, hosting services, URLs, domains, design, social media networks, or any other materials held by Shark Jockey through digital or real world capabilities are no longer Shark Jockey’s obligation to provide you in the future AND may be deleted, revoked, removed, erased, and gone from your use forever. All clients agree that it is entirely up to them to maintain their own copies of all aforementioned materials and access to anything they might need. All clients agree that they will not hold Shark Jockey liable in any way if their access disappears to these such materials, social media platforms, website platforms, or other digital or real world materials and accounts. All clients agree that failure to provide complete payment of invoices on-time and in full may result in such action including, but not limited to, holding or termination of all their accounts, materials, and work provided by Shark Jockey and its representatives. The client agrees that Shark Jockey is not required to provide any additional communication regarding any actions described within this document describing or terms, conditions, and policies.
7. General. If any provision of these Purchase Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Purchase Terms & Conditions may be assigned by Shark Jockey, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Purchase Terms & Conditions, along with the Terms of Service and any other written terms and conditions regulating use of the Site and Product, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
8. Third Party Beneficiary. Third party Digital Content and Hosted Content copyright owners, if any, are intended third-party beneficiaries under these Purchase Terms & Conditions and may enforce these Purchase Terms & Conditions against you and invoke all rights hereunder including limitations of liability.
9. Contact Us. If you have any questions or concerns regarding your order or Product, please contact us by e-mail at shout@sharkjockey.com or write to us at Shark Jockey, 9309 Le Beau Ct., Louisville, KY 40299.
