Terms of Service | Shark Channel

(Updated 1 January 2023)

Welcome to Shark Channel. We appreciate your interest in the service. It is important that you read, understand and adhere to the following Terms of Service.

General Terms and Conditions

The following Terms of Service (collectively with our Privacy Policy, the “ToS”) govern your use of the Platform. The ToS applies to all visitors and users of the Platform.

All use of the Platform is subject to the ToS and, in some cases, a Subscription Agreement (as defined below) that you may have executed with us. By accessing and using the Platform, you acknowledge, accept, and agree to the ToS and all other terms, conditions, procedures and policies that may be published from time to time on the Platform by us, each of which is incorporated by reference, including providing truthful and accurate responses to inquiries by Shark Channel from time to time.

The ToS represents a binding contract between you and Shark Channel, and together with any other agreements between you and Shark Channel, including without limitation, a Subscription Agreement, that govern your use of products, features, contents, applications and services available on the Platform. Specifically, if you or the company that you represent entered into or will enter into a Subscription Agreement, the terms and conditions of the ToS are hereby incorporated into the Subscription Agreement by this reference as if fully stated therein. In the event of a conflict between the ToS and the Subscription Agreement, the terms of the Subscription Agreement shall control. Each User represents and warrants that you have the authority to adhere to the ToS on behalf of the Member Account. If you do not agree with anything contained in the ToS, you are prohibited from submitting information to, accessing information from, or otherwise utilizing the Platform. Shark Channel reserves the right to change the ToS, from time to time, upon notice to Members and Users, who will be notified by the email address registered with Shark Channel or via the Shark Channel platform. In the case of any changes to Pricing, Payments and Billing, Shark Channel will notify the primary user of your Member Account by email 30 days before any change goes into effect. Use of the Platform 30 day following an email notification or an electronic posting announcement of any changes to the ToS shall be deemed to be acceptance thereof by you. In the ToS, we may refer to a User / Member Account /customer /reader / entity as “you”. You agree to keep business information and trade secrets of Shark Channel, including, but not limited to the terms and pricing set forth herein, and any Member Account information confidential until such information becomes known to the public generally without your fault and except to the extent that disclosure may be required by law, regulation or legal process.

Definitions

The following Terms of Service cover tree (3) types of entities:

A “Visitor” is defined as companies, entities or individuals using Shark Channel, without having a Subscription Agreement with Shark Channel;
A “Member Account” is defined as companies, entities or individuals using Shark Channel, with having a Subscription Agreement with Shark Channel;
A “User” is defined as an individual who uses the Platform as part of a Member Account and is an authorized person or agent of the Member Account;

A Member Account may have one or more Users.

Additional Definitions

“Shark Channel”, “we”, “us” or “our” means Shark Channel GmbH, its subsidiaries, affiliates, assignees and its and their officers, directors, employees and agents.

“Content” means the contents of the Platform and any products or services provided or sold by Shark Channel, including the Platform’s look and feel, text, graphics, logos, button icons, images, audio and video clips (if any) and software, as well as the compilation of businesses, advisors, investors and lenders on the Platform.

“Startup Deal Opportunity” means an opportunity to either market, seek, request “resources” (Startup Deal seek Opportunity) or to source, offer “resources” (Startup Deal offer Opportunity) on the Platform by a Member Account.

“Resources” means for example Fundraising for Startups and Ventures; Participations in Startups and Ventures; Cooperation of any kind like (seeking/ providing) production capacity, distribution support, sales infrastructure, manpower, logistics, access to networks, business services, private services, space/ room, real estate, technology; Corporate financial transactions (equity, mezzanine and debt financings); Co-investments/ Syndication.

“Subscription Agreement” means any Subscription Agreement or other signed agreement (including, without limitation, an order form) that a Member Account has entered into with Shark Channel.

“Platform” means the products, features, contents, applications and services provided by Shark Channel on its websites.

“Shared Startup Deal Opportunity” is a Startup Deal Opportunity that is shared with a Member Account.

Uses of the Platform and Key Limitations

Shark Channel is a trusted online platform on which visitors can find

Startup Deal Opportunities from Founders which market their Startup
Startup Deal Opportunities from Investors which source Startups;
News/ Background-information for the Startup-Ecosystem and
Information about upcoming Events related to the Startup-Ecosystem.

The Platform is designed so that Founders (Startups and Ventures, etc.) and Investors (Private Equity, Venture Capital Funds, Corporate Ventures, Private Investors, Business Angels, Incubators, Growth Accelerators. etc.) can confidentially identify, connect and be found by one another for the purposes of business development, originating and managing transactions and transaction related interactions.

The Shark Channel platform currently supports the following types of transactions and transaction-related member interactions:

Fundraising for Startups and Ventures, etc.

Participations in Startups and Ventures, etc.
Cooperation of any kind like (seeking/ providing) production capacity, distribution support, sales infrastructure, manpower, logistics, access to networks, business services, private services, space/ room, real estate, technology
Corporate financial transactions (equity, mezzanine and debt financings)
Co-investments/ Syndication

Via their Member Account, all Users can describe what they (in case of Founder) market, seek or (in case of Investor) what they source, offer. Investor information are strictly confidential and will not be publicly visible.

Any Member Account that wishes to confidentially share a Startup Deal Opportunity shall be permitted to do so as long as the Startup Deal Opportunity complies with the ToS and the User adheres to the Shark Channel Code of Conduct. Member Accounts, Visitors and Users of the Platform use a variety of tools to initiate such processes, including document creation and hosting tools, deal communication and messaging tools, and a variety of reporting, workflow and analytic tools. Shark Channel is not involved in any way with the actual transaction between Founders and Investors, and does not render any business, investment or legal advice in connection therewith.

None of the information submitted on the Platform with respect to any Startup Deal Opportunity constitutes a solicitation, offer, opinion, or recommendation by Shark Channel to buy or sell any assets or securities or other financial instruments or to provide legal, tax, accounting, or investment advice or services regarding the suitability or profitability of any security of any kind, investment or transaction. Shark Channel makes no recommendations and offers no opinion in connection with the merit of any Startup Deal Opportunity or the recommendation of any Startup Deal Opportunity to any Member Account. For these reasons, all Users of the Platform agree to be responsible for their own due diligence and the legal and regulatory compliance of any Startup Deal Opportunity, and Shark Channel makes no representation or assurance about such compliance. Shark Channel is not responsible for information or material made available through the Platform that contain typographical errors or inaccuracies. In addition, Shark Channel does not control the information or material provided by other Users that is made available through the Platform.

Users are required to provide true and accurate information, and to update and maintain such information, but Shark Channel cannot and does not confirm the accuracy of information provided. In addition, Users and Member Accounts may be asked, from time to time, to certify certain information regarding their Member Accounts, including User information, information on Startup Deal Opportunities they are currently working on and information relating to Consummated Startup Deal Opportunities.

Eligibility to Use Shark Channel

The Platform is offered only for your use, and not for the use or benefit of any third party. We may, in our sole discretion, refuse to offer the Platform to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that as applicable to you, the ToS is in compliance with all applicable laws, statutes, ordinances, rules and regulations. Any breach of the ToS shall cause the Member Account and each User that caused any such breach to be liable to Shark Channel for any and all damages suffered by Shark Channel. Your right to access the Platform will be immediately revoked where (i) the ToS or use of the Platform is prohibited, (ii) you materially breach the ToS, (iii) to the extent the offering, sale or provision of the Platform conflicts with any applicable law, statute, ordinance, rule or regulation, or (iv) as otherwise contemplated in the ToS.

Shark Channel reserves the right to refuse service, terminate relationships, and/or cancel membership in its sole discretion.

If you do not agree to the ToS, the Code of Conduct, the Subscription Agreement, the Privacy Policy, or any other subsequently referenced agreements or documentation, you must not access the Platform.

Age Requirement

In order to create a Member Account or be a User of the Platform, you represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Platform.

Your Promises of Conduct

Registration

When signing up for the Platform and creating a User Account or a Member Account on the Platform, you must provide accurate and complete information and keep your Member Account or User information updated. You shall not:

select or use as a username a name of another person with the intent to impersonate that person;
use as a username a name subject to any rights of a person other than you without appropriate authorization;
use, as a username, a name that is otherwise offensive, vulgar or obscene.

You are solely responsible for the activity that occurs on your Member Account, and for keeping your User password secure. You may never use another person’s User account or registration information for the Platform without authorization from the Member Account associated with such User. You must notify us of any change in your eligibility to use the Platform (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Member Account or User account. You should never disseminate or disclose login information for your Member Account or User account other than to authorized persons. Only Users shall have the ability to delete a Member Account or their own account.

Acceptable Use

By accepting the ToS and using the Platform, you agree not to:

Knowingly enter any false information about a company or person;
Intentionally misrepresent your relationship to a cooperation, Startup Deal Opportunity, deal or transaction;
Provide any false or misleading information to Shark Channel or any other User or Member Account; or
Engage in any fraudulent activity of any kind.

If Shark Channel permits you to input information into the Platform, you may not (and may not permit any third party to) input any information or content that:

you know is false, misleading, untruthful or inaccurate;
is promotional in nature, including solicitations for funds or businesses, without the prior written authorization of Shark Channel;
constitutes junk mail, spam, chain letters, pyramid schemes or the like;
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, offensive, profane, hateful or is racially, ethnically or otherwise objectionable as determined by us in our sole discretion, or otherwise violates the legal rights of others;
you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party or violates any law or contractual duty;
impersonates any person or entity, including any of our employees or representatives; or contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, gain access to or limit the functionality of any computer software or hardware, or telecommunications equipment.

You shall not: (i) take any action that imposes or may impose (as determined by us in our reasonable discretion) an unreasonable or disproportionately large load or burden on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Platform (or other accounts, computer systems or networks connected to the Services); (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website; (v) harvest or scrape any Content from the Platform; or (vi) otherwise take any action in violation of the ToS.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Platform; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

We reserve the right to access, read, preserve, and disclose information (other than any information that you designate as confidential) to the extent necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the ToS, including without limitation, investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our Members, Users and the public.

Subscription Agreement and Fees

With his purchase, the customer accepts the Subscription Agreement, the applicable fees and gets a Member. The fees for Shark Channel are based on the current price list published on www.shark-channel.com under the fee-based content.

The customer undertakes to pay the fees in advance for the entire duration of the Subscription Agreement in accordance with the agreed payment period. Major credit cards are accepted as means of payment.

In the event of a delay in payment, Shark Channel GmbH can, to the extent permitted by law, withdraw all authorizations without prior notice and/or take further measures to prevent increasing damage until the customer has completed supplementary performance and/or terminate the Subscription Agreement without notice and without compensation. A legitimate withdrawal of any rights does not give rise to any claim for compensation or replacement by the customer, but his obligation to pay continues. If Shark Channel GmbH terminates the Subscription Agreement, the customer owes the fees until the end of the contract period or the ordinary notice period.

Shark Channel GmbH can adjust the fees at any time. Shark Channel GmbH will notify the Subscriber in advance of any increases in subscription fees in a suitable manner.

Duration and termination of the Subscription Agreement

The contract period begins with the online purchase by the customer. The service is provided directly by Shark Channel GmbH.

The minimum contract duration of a subscription is determined by the user himself. The subscription expires at the end of the contract period. Subscriptions entitle access to all paid content and functionalities during the contract period.

The Subscription Agreement can be terminated at the end of each contract period without incurring any costs and without observing a period of notice. The cancellation is made via the user account on the website.

If the subscriber terminates the Subscription Agreement prematurely, i.e. regardless of a contract period that is still running or the ordinary notice period, he owes the subscription fees until the end of the contract period or the ordinary notice period, except in the cases expressly provided for in these Terms of Service.

With the termination of the Subscription Agreement, all outstanding amounts, in particular the remaining running fees, become due.

Technical Aspects

Technical faults such as interruptions in video streams, image disturbances, filter functionalities, market functionalities, seek functionalities, chat functionalities, Internet bandwidth problems, non-availability of recordings, etc. do not entitle the purchase price to a refund, not even in part. The purchase price entitles you to access the paid page content and is independent of technical faults or any interruption. Shark Channel GmbH endeavors to keep the content functional, but is dependent on the producers and technical requirements such as internet availability.

The customer is responsible for the provision, installation and commissioning of all end devices (PC, notebook, tablet, smartphone, smart TV) and connections (landline Internet, mobile communications) required to receive the Shark Channel subscriptions he has purchased. Shark Channel GmbH strives to make Shark Channel content accessible on all end devices, platforms and browsers, but assumes no liability for functionality.

Shark Channel GmbH must be informed immediately of any changes to the data to be provided by the customer (in particular the e-mail address) after the conclusion of the Subscription Agreement. If the customer wishes to change the means of payment he selected when concluding the Subscription Agreement (including changing a credit card specified by the customer when concluding the Subscription Agreement), the subscriber must inform Shark Channel GmbH of this in good time in advance.

Liability Shark Channel

Shark Channel GmbH is not liable for possible damage that the customer incurs through the use of Shark Channel on devices or other objects belonging to him. Shark Channel GmbH is also not liable if the devices used are not compatible with each other. Any liability of Shark Channel GmbH for the possible loss or deletion of data, especially in the context of updating software, which Shark Channel GmbH can carry out free of charge at any time, is excluded.

Shark Channel GmbH is not responsible for disruptions or interruptions to the Shark Channel platform due to force majeure or other circumstances beyond Shark Channel GmbH's control, such as acts or omissions of telecommunications service providers, of governments, of government organizations, of electricity suppliers, of Data centers and other third party service providers. In particular, Shark Channel GmbH is not liable for disruptions, interruptions, user restrictions or for misuse and damage by third parties.

Intellectual Property and Copyright

The Contents of the Platform are the property of Shark Channel or its content suppliers, and are subject to the copyright or other intellectual property rights of Shark Channel and to the terms of licenses held by Shark Channel. Such intellectual property is protected by law.

User License

Subject to the ToS, we grant each user of the Platform a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of accessing and using the Platform. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the Content and software on this Platform, or of any products or services sold by Shark Channel, is strictly prohibited. You may copy information from the Platform only as strictly necessary for your own use of the Platform. Otherwise, no portion of the Platform may be reproduced, duplicated, copied, sold, resold, licensed, rented or otherwise exploited for any commercial purpose that is not expressly permitted by Shark Channel. The commercial use or public dissemination of any information and data gathered from Shark Channel is strictly prohibited, unless specifically authorized in writing. Any violation of the foregoing may subject you to compensatory and punitive damages, and shall specifically also entitle Shark Channel to equitable relief, in addition to any other available remedies.

User Content

All Content added, created, uploaded, submitted, distributed, or posted to the Platform by Users (collectively, “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent and warrant that you have all rights to provide the User Content and grant the licenses set forth below to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, droit moral rights, trademarks, contract rights, or any other intellectual property or proprietary rights.

License to Shark Channel

You grant to Shark Channel a limited, non-exclusive, non-sublicensable and non-transferable license to use any information disclosed to Shark Channel, whether it is deemed User Content or information disclosed pursuant to the section “Requirement to Disclose,” solely for purposes of marketing the Platform, provided that in no event shall Shark Channel use the actual names of the parties. In addition, Shark Channel shall be permitted to aggregate all such information for internal or commercial purposes, provided that in no event shall any such information sold include the actual names of the parties unless that information is already in the public domain.

Availability of Content

We do not guarantee that any Content will be made available on the Platform or through the Services. Shark Channel reserves the right, in its sole discretion, to (i) remove, edit or modify any Content, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities that such Content infringes or appears to infringe on intellectual property rights owned by others or if we are concerned that you may have violated the ToS), or for no reason at all; and (ii) to remove or block any Content from the Platform.

Copyright Infringement

If you believe that any material contained in the Platform infringes your intellectual property, you should notify Shark Channel of the alleged infringement in accordance with the following procedure: Send any notification of claimed copyright infringement to info@shark-channel.com. To be effective, the notification must be in writing and include the following information: (i) physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; (ii) identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for Shark Channel to locate the material; (iii) contact information of the notifying party, such as address, telephone number and email; (iv) a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and (v) a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.

Hyperlinks

The Platform may contain links to third party websites, and other websites may contain links to the Platform. Any such link is provided only as a convenience. The inclusion of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Shark Channel of any information contained in any third party website. In no event shall Shark Channel be responsible or liable for the information contained on that third party website, your use of or inability to use such website and any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information, products or services available on or through any such website. You should also be aware that the terms and conditions of such website and the website’s privacy policy may be different from those applicable to your use of the Platform.

Third Party Content

Certain portions of the Platform, including, without limitation, information on certain private companies, may contain unedited or third party content. All postings, messages, text, images, links to third-party websites or other materials published or otherwise made available through this section (the “Third Party Content”) are the sole responsibility of the person(s) who originated such Third Party Content. Shark Channel has no obligation to monitor, does not control and does not investigate or validate such Third Party Content; provided that Shark Channel reserves the right at all times (but will not have an obligation) to remove any Third Party Content. By using this Third Party Content, you agree to not rely on the Third Party Content in connection with your use of the Platform and understand that you may be exposed to Third Party Content that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that Shark Channel makes no representations or warranties regarding the Third Party Content and is not responsible or liable in any manner for the Third Party Content or the conduct, whether online or offline, of any User. The Third Party Content does not constitute legal or financial advice and must not be used in the place of legal counsel or financial due diligence. You should independently evaluate and verify all Third Party Content.

Key Legal Points

Termination

We may terminate your access to all or any part of the Platform at any time. All provisions of the ToS which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, all applicable fees owed to Shark Channel, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

If service is terminated or suspended by Shark Channel due to breach by you or any User of a Member Account, including for non-payment, then you still owe, and must pay to Shark Channel, the entire amount payable for such term, and any past due amounts will accrue interest.

Limitations of Liability

Any material downloaded, accessed or otherwise obtained through the Platform is obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, SHARK CHANNEL AND ALL OF ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (I) WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE PLATFORM, INCLUDING THE CONTENT, INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF; (II) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (III) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS TO OR USE OF THE PLATFORM. SHARK CHANNEL PROVIDES THE PLATFORM AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. SHARK CHANNEL MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND AS TO THE SECURITY, ADEQUACY, COMPLETENESS, SUFFICIENCY, TIMELINESS OR ACCURACY OF ANY CONTENT OR MATERIAL AVAILABLE IN OR THROUGH THE PLATFORM, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU HEREBY AGREE THAT ANY MONETARY CLAIMS OF ANY KIND ASSESSED AGAINST SHARK CHANNEL OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE PLATFORM SHALL NOT EXCEED (IN AGGREGATE) OF THE GREATER OF (I) THE TOTAL AMOUNT YOU (OR ANY OTHER USER) PAID TO SHARK CHANNEL FOR THE PLATFORM; OR (II) EUR 500. IN NO EVENT SHALL SHARK CHANNEL OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE TO YOU, OR TO ANY THIRD PARTY, FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, COMPENSATORY OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), EVEN IF ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. Shark Channel cannot and does not guarantee continuous, uninterrupted or secure access to the Platform.

Indemnity

You agree to indemnify and hold harmless Shark Channel, our affiliates and each of our and their respective officers, directors, agents, and employees, from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your (or any third party using your Account or identity in the Platform) use or misuse of the Platform, breach of the ToS or the materials it incorporates by reference, or violation of any law, regulation, order or other legal mandate or the rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Choice of Law

You will resolve any claim, cause of action or dispute (together a “claim”) you have with Shark Channel arising out of or relating to the Platform or the ToS or your Subscription Agreement exclusively in Zurich, Switzerland. The laws of Switzerland will govern the ToS and your Subscription Agreement, as well as any claim that may arise between you and Shark Channel, without regard to conflict of law principles. In any dispute arising under the ToS or your Subscription Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and expenses.

Arbitration and Class Action Waiver

You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to the ToS, your use of the Platform, Fees owed, and/or rights of privacy and/or Publicity, will be resolved by binding individual Arbitration in Zurich, Switzerland UNDER THE STREAMLINED ARBITRATION RULES AND PROCEDURES (“RULES”) OF JAMS THEN IN EFFECT, BY ONE COMMERCIAL ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING INTELLECTUAL PROPERTY AND COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF JAMS ARBITRATORS IN ACCORDANCE WITH SUCH RULES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s Account, if we are a party to the proceeding.

Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with the ToS.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of Platform or the ToS must be filed within one (1) year after such claim of action arose or be forever banned.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. This section will survive the termination of your relationship with Shark Channel.

Miscellaneous

Email Communication

Shark Channel uses email to communicate with Users. You hereby authorize and agree that Shark Channel may communicate with you via email and you consent to receiving and giving any notice required under the ToS or any other agreement with Shark Channel via email. Shark Channel will use reasonable efforts to honor any request you may have to opt out from receiving emails, but under no circumstance will Shark Channel have any liability for sending any email to any Member Account or User. Electronic notices should be sent to info@shark-channel.com.

Use of Member Names

With your consent, either in writing or via electronic mail, Shark Channel may share on its websites the existence of a Consummated Transaction to which the Member Account is affiliated.

Severability

Any finding of illegality, invalidity or unenforceability of any provision or term of the ToS shall not affect the legality, validity or enforceability of any other provision or term of the ToS.

Entire Understanding

The ToS sets forth the entire understanding and agreement between the parties with respect to the subject matter herein (excluding the terms and conditions of any Subscription Agreement). We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. You may not assign the ToS or Subscription Agreement, or assign, transfer or sublicense your rights, if any, in the Platform without our prior written consent, which will not be unreasonably withheld or delayed. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. A failure to act with respect to a breach by you or others does not waive Shark Channel’s right to act with respect to subsequent or similar breaches. In the event that any provision or any portion of any provision of the ToS or your Subscription Agreement shall be held to be void or unenforceable, the remaining provisions of the ToS and your Subscription Agreement (and the balance of any provisions held void or unenforceable in part only) shall continue in full force and effect. If you do not agree with any part of these terms and conditions, or you have a dispute or claim against Shark Channel or its supplier or affiliates with respect to the ToS or your Subscription Agreement you should immediately refrain from using the Platform. Any non-use of the Platform shall not act as a waiver of fees, penalties, or interest to which Shark Channel may be entitled pursuant to the ToS. No agency, partnership, joint venture, or employment relationship is created as a result of the ToS or your Subscription Agreement and neither party has any authority of any kind to bind the other in any respect.

Contact Info

You may contact us at info@shark-channel.com or at the following address:

Shark Channel GmbH
Seestrasse 93, 6052 Hergiswil

Switzerland

Effective Date of ToS: 1 January 2023