2014 Divesquare.com® Terms and Conditions
TERMS & CONDITIONS
DESCRIPTION OF SERVICES
We provide Users with access to our web site to help our customers create, keep and manage online diving logbooks, access and upload information that may be necessary for planning and research of diving activity (collectively, the “Platform”) directly and through the website and associated domains and mobile apps of http://www.divesquare.com. The use of the web site is free to the individual user for all basic purposes. Separate charges may apply in case of a need for increased hosting space or engagement in promotional activities on the site.
INFORMATION USERS PROVIDE TO US
As a user, you are legally responsible for all information, data, text, software, music, sound, photographs, graphics, images, video, messages or other materials uploaded, posted or stored in connection with your use of the Platform (“Content”). Divesquare.com is not responsible for your Content. You hereby grant Divesquare.com a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the services of the Platform and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Platform.
As a user, you will ensure the email address provided in your account registration is valid at all times, keep your contact information accurate and up-to-date, and not transfer your account to anyone without first getting our express written permission.
You will not use the Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering, and similar; as well as not use the Platform or Materials to impersonate another person.
You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
any Content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Divesquare.com’s reasonable discretion;
any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Divesquare.com; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Divesquare.com’s servers, system or network or attempt to breach Divesquare.com’s data security or authentication procedures; attempt to interfere with the Platform by any means including, without limitation, hacking Divesquare.com’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Divesquare.com under these Terms and Conditions, Divesquare.com reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
LIABILITY FOR CONTENT
You, as a user, are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Divesquare.com excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
You hereby acknowledge and agree that Divesquare.com cannot and does not review the Content created or uploaded by its users, and neither Divesquare.com nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms and Conditions or applicable law.
Divesquare.com and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Divesquare.com or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
Divesquare.com has an active community of users, many of whom organize and attend face-to-face meetings at venues all over the world (“Events”). While Divesquare.com is generally supportive of meetings and may provide branded promotional materials to help organisers promote their Events, Divesquare.com does not sponsor, oversee or in any way control such meetings. You hereby acknowledge and agree that your attendance and participation in any Event is entirely at your own risk and Divesquare.com does not bear any responsibility or liability for the actions of any Divesquare.com users or any third parties who organize, attend or are otherwise involved in any meetings. prior to the end of the contract term.
THIRD PARTY WEBSITES AND SERVICES
The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”).
Divesquare.com does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Divesquare.com does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
Divesquare.com disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Divesquare.com with respect to the content or operation of any External Services.
CANCELLATION AND TERMINATION
Services may be terminated by us, without cause, at any time.
Services may be terminated by you, without cause, by following the cancellation procedures set forth in Section 6.
Dovesquare.com may terminate Services at any time, without penalty, obligation to refund and without notice, if you fail to comply with any of the terms of this Agreement.
6.4. Notice of termination of Services by Divesquare.com may be sent to the contact e-mail associated with your account. Upon termination, Divesquare.com will delete all data, files, or other information that is stored in your account and it’s in your responsibility to retrieve and back up all account contents before termination.
The materials on Divesquare.com’s web site are provided “as is”. Divesquare.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Divesquare.com does not warrant or make any representations concerning the accuracy, likely results, security or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. We do not warrant that the Platform will meet your specific requirements; the Platform will be uninterrupted, timely, secure, or error- and virus-free, and the results that may be obtained from the user of the Platform will be accurate or reliable.
LIMITATIONS ON LIABILITY
8.1. In no event shall Divesquare.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption, computer failure) arising out of the use or inability to use the materials on Divesquare.com’s Web site, even if Divesquare.com or a Divesquare.com authorized representative has been notified orally or in writing of the possibility of such damages. In no event shall Divesquare.com entire liability to you in respect of any service of the Platform, whether direct or indirect, exceed the Fees paid by you towards such service.
Any claim relating to Divesquare.com’s web site shall be governed by the laws of Bulgaria.
If you have any questions about these Terms and Conditions of Use, please contact us at: firstname.lastname@example.org.
These General Terms and Conditions are approved by the management of Divesquare.com on 19.05.2014, and shall come into force on 20.05.2014.