AGREEMENT TO TERMS
These Terms of Use establish a legally binding contract between you, whether as an individual or representing an entity (referred to as “you”), and Sharma Vidal LLC (referred to as “Company,” “we,” “us,” or “our”). These terms pertain to your use of and access to the website https://www.sharmavidal.com, as well as any other related media forms, channels, mobile websites, or applications (collectively referred to as the “Site”). By accessing the Site, you acknowledge that you have read, comprehended, and accepted all of these Terms of Use. If you do not agree with these terms in their entirety, you are expressly prohibited from using the Site and must discontinue its use immediately.
Additional terms and conditions or documents that may be posted on the Site occasionally are hereby explicitly included as part of this agreement. We maintain the right to modify or amend these Terms of Use at our sole discretion, at any time, and for any reason. Any changes will be communicated by updating the “Last updated” date of these Terms of Use. By continuing to use the Site after revised Terms of Use are posted, you are considered to be aware of and in agreement with the changes, waiving the right to specific notice for each alteration. It is your responsibility to periodically review these Terms of Use to stay informed about any updates.
The information presented on the Site is not intended for distribution to or use by any individual or entity in any jurisdiction or country where such actions would violate laws or regulations or require us to register within that jurisdiction or country. Therefore, individuals who choose to access the Site from other locations do so at their own initiative and are solely responsible for complying with local laws, where applicable.
The Site is not designed to adhere to industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), and others. If your interactions would be subject to such laws, usage of this Site may not be appropriate. Additionally, the Site may not be used in a manner that would contravene the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years old. For users who are minors based on their jurisdiction of residence (typically under 18 years old), using the Site requires explicit permission and direct supervision from their parent or guardian. If you are a minor, your parent or guardian must read and agree to these Terms of Use before you can use the Site.
Copyright and Trademark
The content found on this Site, along with its structural arrangement, is protected by both United States and international copyright laws and agreements. You are permitted to access, download, and print materials from this Website for personal, non-commercial use. However, any printed copies of this Site, or its segments, must incorporate Sharma Vidal notice. Please note that accessing, downloading, or printing these materials does not transfer any right, title, or interest in them to you.
Copying, altering, distributing, transmitting, displaying, reproducing, publishing, licensing any portion of this Site, generating derivative works, linking to or framing within another website, using on any other website, transferring, or selling information obtained from this Site is prohibited without obtaining prior written consent from Sharma Vidal.
Unless explicitly granted under the “Scope of Use” section mentioned above, you are not allowed to use, replicate, modify, transmit, distribute, publicly display, or operate this Website without obtaining prior written consent from Sharma Vidal. Furthermore, using any part of this Website on a different website requires the prior written consent of Sharma Vidal.
Sharma Vidal places great importance on the intellectual property rights of others and anticipates the same level of respect from our Users/users. Our approach is to close the accounts of individuals who repeatedly violate copyright laws and the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please get in touch with us via email at [email protected].
USER GENERATED CONTENT
The Site may extend an invitation for you to engage in discussions, contribute to, or take part in blogs, message boards, online forums, and other interactive features. It may also provide you with the opportunity to generate, submit, publish, display, share, transmit, perform, distribute, or broadcast content and materials on the Site or to us. This content encompasses various elements such as text, written material, videos, audio, photos, graphics, comments, suggestions, personal information, and other forms of content (referred to collectively as “Contributions”). Please note that these Contributions could be visible to other Site users and through third-party platforms. Consequently, any Contributions you provide may be treated as non-confidential and non-proprietary.
By creating or sharing Contributions, you hereby confirm and assure that:
1) The creation, distribution, transmission, public display, performance, downloading, or copying of your Contributions neither does nor will infringe upon the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
2) You either own or possess the necessary licenses, rights, permissions, consents, and releases required to use your Contributions, and to authorize both us and other Site users to utilize your Contributions in accordance with these Terms of Use and the Site’s intended purposes.
3) You have obtained written consent, releases, and/or permissions from every identifiable individual whose name or likeness appears in your Contributions, allowing for the inclusion and use of their identities as envisaged by the Site and these Terms of Use.
4) Your Contributions are accurate, truthful, and not misleading.
5) Your Contributions are not unsolicited or unauthorized advertising, promotional content, pyramid schemes, chain letters, spam, bulk mailings, or any other form of solicitation.
6) Your Contributions are not offensive, vulgar, explicit, violent, harassing, defamatory, libelous, or otherwise objectionable, as determined by us.
7) Your Contributions do not ridicule, belittle, demean, threaten, or abuse any individuals or groups.
8) Your Contributions do not endorse or incite violence against any government or individual.
9) Your Contributions are compliant with all applicable laws, regulations, and rules.
10) Your Contributions do not infringe upon the privacy or publicity rights of any third party.
11) Your Contributions do not solicit personal information from individuals under the age of 18 or exploit minors in any sexual or violent manner.
12) Your Contributions do not violate any laws relating to child pornography or the protection of minors’ health and well-being.
13) Your Contributions do not contain offensive comments linked to race, nationality, gender, sexual orientation, or physical disabilities.
14) Your Contributions do not otherwise breach any provisions outlined in these Terms of Use or any relevant laws or regulations.
Engaging in Site activities contrary to the above-listed conditions constitutes a violation of these Terms of Use. Such violation may result in the termination or suspension of your rights to use the Site, among other potential consequences.
LICENSE FOR CONTRIBUTIONS
When you share your Contributions on any section of the Site, you automatically grant us an unrestricted, non-exclusive, worldwide, perpetual, irrevocable, transferable, royalty-free, fully-paid license with the right to sublicense. By doing so, you also declare and ensure that you possess the right to grant this license. This license encompasses the authority for us to host, utilize, copy, reproduce, disclose, sell, republish, broadcast, rename, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (either wholly or partially), and distribute these Contributions (including your image and voice) for any purpose, including commercial and advertising objectives. It also allows us to create derivative works from your Contributions or integrate them into other works, and to grant sublicenses of the aforementioned rights. These uses and distributions can take place across various media formats and channels.
This license is applicable to all forms of media, technology, both currently known and subsequently developed. It includes the usage of your name, company name, franchise name (if applicable), and any trademarks, service marks, trade names, logos, personal, and commercial images you provide. You renounce all moral rights associated with your Contributions and affirm that these rights have not been invoked with regards to your Contributions.
We do not assert any ownership rights over your Contributions. You retain complete ownership of your Contributions and any intellectual property or other proprietary rights related to them. We hold no responsibility for the statements or representations within your Contributions in any section of the Site. You bear sole responsibility for your Contributions on the Site, and you explicitly agree to absolve us of all liability and refrain from legal action against us in connection with your Contributions.
We possess the sole and absolute discretion to: (1) edit, modify, or alter any Contributions; (2) relocate Contributions to more appropriate sections on the Site; and (3) preview or delete Contributions at our discretion and for any reason, without prior notice. We have no obligation to monitor your Contributions.
Review Guidelines
Within the confines of our platform, you may find designated sections for leaving reviews or ratings. Should you choose to share a review, it is imperative that you adhere to the subsequent criteria:
First Hand Experience: Your review must stem from direct experience with the individual or entity under evaluation.
Respectful Language: Reviews should abstain from containing offensive language, profanity, or any form of abusive, racist, offensive, or hateful expressions.
Inclusivity: References within your review should steer clear of discriminatory remarks rooted in religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
Legality: Avoid making any references to illicit activities in your reviews.
Unbiased Affiliation: Negative reviews must not be posted by individuals associated with competing entities.
Legal Interpretation: Any assertions regarding the legality of conduct should be omitted from your reviews.
Accuracy and Truthfulness: Reviews should be devoid of false or misleading statements.
No Review Campaigns: Organizing campaigns to encourage others, whether positively or negatively, to post reviews is prohibited.
We retain the right to exercise our sole discretion in accepting, rejecting, or removing reviews. The responsibility of reviewing or deleting reviews, even if deemed objectionable or inaccurate, does not fall upon us. Reviews are not endorsed by us and do not necessarily reflect our viewpoints or those of any affiliates or partners.
We disclaim liability for any review and any resulting claims, liabilities, or losses. Upon posting a review, you grant us an enduring, non-exclusive, global, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit through any medium, display, perform, and/or distribute all content related to the reviews.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
SUBMISSION
You acknowledge and agree that any inquiries, remarks, recommendations, concepts, input, or other information relating to the Site (“Submissions”) that you provide to us will not be treated as confidential and will become our exclusive property. We will possess full rights, including all intellectual property rights, and will have the unrestricted authority to use and distribute these Submissions for any lawful purpose, whether commercial or otherwise, without needing to acknowledge or compensate you. By doing so, you relinquish all moral rights to such Submissions. Additionally, you affirm that these Submissions are either your original creations or that you have the necessary rights to submit them. You also acknowledge that you will not hold us accountable for any alleged or actual infringement or unauthorized use of any proprietary rights in your Submissions.
THIRD PARTY CONTENT AND WEBSITE
The website may include links to external websites (“Third-Party Websites”) and various types of content or items originating from third parties (“Third-Party Content”), such as articles, images, text, graphics, music, videos, software, and more. Please note that we do not investigate, monitor, or ensure the accuracy, suitability, or completeness of these Third-Party Websites and Third-Party Content. We cannot be held responsible for any content found on Third-Party Websites accessed through our site or any Third-Party Content available on or downloaded from our site. This includes aspects such as content quality, accuracy, opinions, reliability, privacy practices, and policies present on Third-Party Websites or in Third-Party Content.
The inclusion of links to Third-Party Websites or the allowance of using or installing Third-Party Content does not imply our endorsement or approval of these external resources. Should you choose to leave our website and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk. Please be aware that the Terms of Use outlined here will no longer be applicable in those circumstances. We recommend reviewing the relevant terms, policies, including privacy practices, of any external website you visit or any application you use/install from our site. It’s important to note that any purchases made through Third-Party Websites are exclusively between you and the third-party website or company. We take no responsibility for such transactions.
By agreeing to these terms, you acknowledge that we do not endorse products or services offered on Third-Party Websites. You also agree to hold us harmless from any negative consequences that may arise from your purchases of products or services from such external sources. Additionally, you agree to hold us harmless from any losses or harm incurred due to Third-Party Content or interactions with Third-Party Websites.
SITE MANAGEMENT
We retain the right, though not the obligation, to: (1) observe the Site for breaches of these Terms of Use; (2) initiate suitable legal measures against individuals who, at our exclusive judgment, violate the law or these Terms of Use. This includes, but is not restricted to, reporting such users to law enforcement agencies; (3) exercise our exclusive discretion, with no limitations, to decline, limit access to, decrease availability of, or deactivate (to the extent technically feasible) any of your Contributions or any part thereof; (4) at our sole discretion, and without any restrictions or liability, eliminate from the Site or deactivate any files and content that are excessively large or burden our systems in any manner; and (5) otherwise oversee the Site in a manner intended to safeguard our rights and possessions and to facilitate the proper operation of the Site.
PRIVACY POLICY
Safeguarding data privacy and security is of paramount importance to us. Kindly take a moment to go through our Privacy Policy available at: https://www.sharmavidal/privacy-policy. Your use of the Site signifies your acceptance of our Privacy Policy, which is an integral part of these Terms of Use. We’d like to inform you that the Site is hosted in the United States. Should you access the Site from a region outside the United States with differing laws or regulations pertaining to the collection, usage, or disclosure of personal data, distinct from those in the United States, your continued use of the Site implies the transfer of your data to the United States. By continuing to use the Site, you also consent to the processing of your data in the United States.
Moreover, it’s important to note that we neither knowingly gather nor seek information from children, nor do we intentionally target them with our marketing efforts. In accordance with the U.S. Children’s Online Privacy Protection Act, if we become aware that an individual under the age of 13 has supplied us with personal information without the necessary and verifiable consent of a parent or guardian, we will promptly remove that information from the Site. Our aim is to take such actions as reasonably swiftly as possible.
DISCLAIMER
The website is presented in its current state and availability. By using the site and our services, you acknowledge that you are assuming full responsibility for any associated risks. Within the maximum extent permitted by applicable law, we renounce all warranties, whether explicit or implicit, linked to the site and its utilization. This includes but is not limited to implied warranties of merchantability, fitness for specific purposes, and non-infringement.
We take no responsibility for the accuracy or completeness of the site’s content or any linked external websites. We disclaim liability for:
1) Any errors, inaccuracies, or discrepancies in content and materials.
2) Any form of personal injury or property damage resulting from accessing and using the site.
3) Unauthorized access to our secure servers and potential exposure of personal or financial information.
4) Interruptions or cessation of data transmission to or from the site.
5) Transmission of malicious software like bugs, viruses, or Trojan horses via third parties on the site.
6) Any mistakes or omissions in content and materials, or any ensuing loss or damage, due to the use of content posted, transmitted, or made available on the site.
We do not warrant, endorse, or take responsibility for any products or services advertised or provided by third parties through the site, linked websites, banners, or other advertisements. We are not accountable for monitoring transactions between you and third-party providers of products or services. As with any purchase, exercise caution and your best judgment when dealing with products or services obtained through any medium or environment.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By engaging with the website, sending emails, and filling out online forms, you are partaking in electronic communications. Your implicit agreement involves receiving electronic communications. You acknowledge that all agreements, notifications, disclosures, and other forms of communication provided by us electronically, either through email or on the website, fulfill any legal prerequisites necessitating written communication. WITH THIS, YOU EXPRESSLY CONSENT TO THE UTILIZATION OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER DOCUMENTS, ALONG WITH THE ELECTRONIC DISPATCH OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR FINALIZED BY US OR THROUGH THE WEBSITE. Consequently, you renounce any rights or obligations under any regulations, statutes, ordinances, rules, or other laws in any jurisdiction mandating an authentic signature, or the physical dispatch or retention of non-electronic records, or the process of payments or issuance of credits through any means other than electronic methods.
TERM AND TERMINATION
These Terms of Use will remain fully effective during your usage of the Site. While all sections of these Terms of Use are important, we retain the discretion and right, without prior notice or liability, to restrict access to and utilization of the Site (including the ability to block specific IP addresses). This may occur for any individual, with or without a specific reason. Reasons for such actions could include, but are not limited to, a violation of any representation, warranty, or commitment outlined in these Terms of Use or any relevant laws or regulations. At our sole discretion, we might conclude your use or involvement on the Site, or erase any content or information you have posted, without prior warning.
DATA USER
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
MISCELLANEOUS
These Terms of Service, along with any guidelines or operational regulations posted by us either on the website or pertaining to it, establish the complete agreement and comprehension between you and us. Our omission to exercise or uphold any right or provision within these Terms of Service does not indicate a waiver of that specific right or provision. These Terms of Service are applicable to the maximum extent permissible by law. At any point, we retain the option to transfer any or all of our rights and responsibilities to others. We will not be held accountable or liable for any loss, damage, delay, or failure to perform resulting from factors beyond our reasonable control. Should any provision or portion of a provision in these Terms of Service be deemed unlawful, void, or unenforceable, that particular provision or portion is separable from these Terms of Service and will not impact the legitimacy and enforceability of the remaining provisions. These Terms of Service do not create a partnership, joint venture, employment, or agency relationship between you and us as a consequence of your use of the website or acceptance of these terms. By agreeing to these Terms of Service, you acknowledge that they will not be interpreted against us solely due to our drafting of them. You hereby renounce any and all defenses you might have based on the electronic nature of these Terms of Service and the absence of signatures from the parties involved to execute these terms.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
