Dr. Shark – illustrator, multimedia designer, artist

Terms of Use

Introduction

These terms and conditions will apply to your access and use of our website at drsharkart.com (”the Site”, ”the website”, ”this website”). By using this website, you accept that you will be bound to the terms and conditions of use in full which include Privacy Policy (www.drsharkart.com/privacy-policy/), Copyright Policy (www.drsharkart.com/copyright/), Return Policy (www.drsharkart.com/return-policy/) and any other policies and notices that may be posted on the Site from time to time. All those policies and notices are incorporated by reference into these Terms of Use and are applicable to your use of the Service. If you do not agree to any of these terms and conditions, you must not access, use and/or contribute to our website. If you have any questions about these terms and conditions, you can contact us using the details set out below.

1. Dr. Shark, the owner of the website drsharkart.com (”Dr. Shark”, ”the owner”, ”us”, ”we”, ”our”, ”ours”) with the team of collaborators, presented on the site, under name ”Astute Concept” operate drsharkart.com.

2. We may change these terms from time to time so we recommend that you should check them regularly. We will always state at the bottom of these terms the date on which they were last updated and/or amended. Your continued use of the site will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website. If you have any questions, you can contact us using the details set out below.

License to use drsharkart.com

3. You agree to use drsharkart.com only for lawful purposes and in a considerate and responsible way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the site. Prohibited behavior includes:

  • using the website for any purpose that is against the law
  • harassing or causing distress or inconvenience to any person
  • transmitting defamatory, libelous, racist or menacing content which could cause anxiety to anyone else
  • using the website in any way that cause interruption or damage to the online services or renders them impaired or less efficient
  • using the website in any way that could cause damage or disruption to another user’s computer
  • using the website to transmit or upload computer viruses or other harmful files or programs
  • collecting data about other users
  • transmitting or sending unsolicited commercial communications such as junk mail or spam.

Minimum age/parental consent

4. Until you are 18 years old, by using our online services, you certify that your parents have or legal guardian has consented to your use and agree to these terms on your behalf. Parental discretion is advised and we recommend that you review these terms with your parents/guardian before using our website. We may require your parents or legal guardian to provide a written acknowledgement of these terms on your behalf before we provide you with part or all of our online services. We remind parents and legal guardians that it is their responsibility to determine whether or not particular areas of the website are suitable for children.

Intellectual property

5. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on drsharkart.com and all content (including all applications) located on the site shall remain vested in the owner of the site or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use the site’s content in any way except for your own personal, non-commercial use. In certain prescribed circumstances, you may adapt, alter or create a derivative work from any drsharkart.com content for your own personal, non-commercial use, with the prior written permission of ours which will be indicated against the relevant drsharkart.com content.

6. The names, images and logos identifying us, drsharkart.com or third parties and their products and services are subject to copyright, design rights and trademarks of ours, drsharkart.com and/or third parties. Nothing contained in these terms shall be construed as conferring any license or right to use any trade mark, design right or copyright of ours, drsharkart.com or any other third party.

Contributions to the drsharkart.com website / user generated content

7. By sharing and uploading any contribution (including any text, photographs, graphics, video or audio-visual material) with the site you agree to grant to us, free of charge, permission to use the material in any way we want (including modifying and adapting it for operational and editorial reasons) for the site services in any existing or future media worldwide (including on the site accessed by international users) and in perpetuity. You waive any moral rights in your contribution in order to permit us to edit your material as appropriate. You also grant to us the right to sub-license these rights to third parties. We won’t use your content for commercial purposes but we may use your content to promote our platform. If your content contains third party material e.g. images, video, music etc. you must have obtained the necessary third-party permissions to use the material.

8. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it, including licensing that material to other websites.

9. In order that we can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any laws, that you have the right to give us permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 18. For the avoidance of doubt, the content must not infringe any third party’s legal rights.

10. If you do not want to grant us the permission set out above on these terms, please do not submit or share your contribution to or with this website.

11. We do not necessarily (and are not obliged to) pre-moderate all material submitted by you to this website, however, we reserve the right to:

  • monitor any material submitted to the website, regardless of any public / private settings attributed by you
  • edit or remove any material submitted to the website without prior notice or any liability to you

The Website / Blog Posts

12. You agree to use posting your contributions, comments and submitted material to the website/the blog in accordance with the following Rules about your posts:

  • Contributions must be civil and tasteful.
  • No disruptive, offensive or abusive behavior: your contributions must be constructive and polite, not with the intention of causing trouble.
  • No unlawful or objectionable content: the posting of unlawful, harassing, defamatory, abusive, threatening, harmful, racially offensive or otherwise objectionable material is not acceptable. This includes text, graphics, video, programs, audio-visual and other material.
  • Contributing material to the website with the intention of committing or promoting an illegal act is strictly prohibited.
  • You agree to submit to or share with the website only contributions which are your own original work. You must not violate, plagiarize, or infringe our rights or the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
  • Be patient: users of all ages and abilities may be taking part in the relevant topics on the website.
  • No spamming or off-topic material: we don’t allow the submission of the same or very similar contributions many times. Please don’t re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
  • No commercial advertising, marketing or promoting is permitted without our specific written permission.
  • No impersonation of other users is permitted.
  • No inappropriate (e.g. vulgar etc.) user names.
  • URLs (web site addresses) can only be posted if allowed by us.

13. We reserve the right to delete/remove any contribution, submitted material and/or posted comments that are not in accordance with the Terms of Use or if we find them inappropriate or unsuitable in any other way, at any time, for any reason.

Complaints and take down policy

14. You can contact us to make a complaint about any aspect of our online services or if you think your or a third party’s copyright has been infringed by our online service. Please submit full details to the following email address: webmaster@drsharkart.com.

Privacy and data protection

15. The personal details you submit to us through the website will only be used for the specified purposes indicated to you and will not be passed onto unauthorized third parties without your explicit consent. You can contact us to amend or remove any information you submit to us. If you want us to remove all of your personal information, you may do so by submitting your name, user name, email address and telephone number with the request to this email address: webmaster@drsharkart.com.

Third party websites

16. Our website may contain links to other third-party websites that are not owned or controlled by us. These links are provided for your convenience of access. We are not responsible for any content, products or services available on any other websites.

Payment options

17. We use PayPal website as payment service, but you do not have to be registered PayPal user to pay for your purchase / order of choice. You have two choices of payment:
1. as a registered PayPal user, through PayPal system
2. as any other visitor of our website and buyer who is not registered PayPal user, by using your credit card that is acceptable and which is noted during the purchase. This option of payment is also conducted through PayPal website, although it is not mandatory for you to be registered PayPal user to use this payment method.

Purchase procedure

18. You can buy any item which is available for that purpose on our website. Items for sale are mainly Dr. Shark‘s artwork. Items for sale are listed on relevant page of the website, and each item is presented with necessary details (title of item, price, size, quantity…). Each item also includes link which allows buyer to add the item to online shopping cart which is integrated into PayPal system.

19. When you choose the item or items you want to buy, you should add them to the shopping cart by clicking the PayPal ”Add to cart” button. You can view the content of shopping cart at any time by clicking PayPal ”View cart” button. You can add or remove items or number of copies at any time to or from shopping cart. When you make your choice of items you want to purchase, choose ”Checkout” link and then you can finish your purchase by choosing one of available aforementioned payment options. During the purchase, additional shipping costs are added to the price of purchased items. Any additional or eventual customs, delivery or shipping costs depend on the regulations of the country to which the items are shipped, so the buyer should be aware that those regulations may apply.

20. You can add any available item into shopping cart and after you add all the items you want to purchase you can finish your purchasing by choosing ”checkout” option.

PayPal provides encrypted connection for users of their website so all the data you submit during the purchase using PayPal system is protected in accordance to their Terms and Conditions which apply whenever you are using PayPal website.

PayPal Terms and Conditions:
www.paypal.com
www.paypal.com/us/webapps/mpp/ua/privacy-full
www.paypal.com/us/webapps/mpp/ua/legalhub-full

21. After the purchase, we will notify you by e-mail. Delivery period depends on the destination of the country to which items are delivered and approximately can be from 7 to 20 days or more. The buyer will be notified about approximate delivery period, but buyer can inquire about delivery period before purchasing by e-mail: info@drsharkart.com. Delivery period and other delivery and shipping terms and conditions depend on regulations of postal and shipping companies.

Disclaimers and limitation of liability

22. The content posted in comments on our blog page is user generated. The views expressed are those of the users and unless specifically stated are not those of ours. We are not responsible for any content posted by members of the public on the website or for the availability or content of any third party sites that are accessible through drsharkart.com Any links to third party websites from the website do not amount to any endorsement of that site by us and any use of that site by you is at your own risk.

23. Our website content, including the information, names, images, pictures, logos and icons regarding or relating to us, our products and services (or to third party products and services), is provided “as is” and on an “as available” basis. To the extent permitted by law, we exclude all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not guarantee the completeness or performance of the website or any of the content. While we try to ensure that all content provided by us is correct at the time of publication no responsibility is accepted by or on behalf of us for any errors, omissions or inaccurate content on the website.

24. We shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the website regardless of the form of action.

25. We do not warrant that functions available on the website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

General

26. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

27. The failure or delay of ours to exercise or enforce any right in these terms does not waive our right to enforce that right.

Last updated: November 3rd, 2020.