The terms "we", "us", "our" refer to TheScubaDirectory. The terms "you" refers to the customer visiting the Website and/or contributing content on this Website.
Use of Website
By using TheScubaDirectory you agree to the following:
- You are over 18 years of age or possess legal parental or guardian consent.
- You will express your opinion objectively without paid or unpaid explicit bias.
- All information you supply on TheScubaDirectory is true, accurate, and current.
- You will not impersonate any other person, brand or entity.
Scuba diving, free diving, and snorkeling are sports that involve certain risks. TheScubaDirectory cannot be held responsible for injury, death or financial loss caused by actions directly or indirectly related to content on the Website. We cannot ensure the accuracy of the listed dive sites and dive shops as this content is mostly contributed by our members.
- Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify TheScubaDirectory of any unauthorized use, or suspected unauthorized use of your Account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Access to the Website
- Subject to these Terms, TheScubaDirectory grants you a non-transferable, non-exclusive, revocable, limited license to access the Website solely for your own personal, non-commercial use.
- Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website must be retained on all copies thereof.
- We reserves the right to change, suspend, or cease the Website with or without notice to you. You approved that TheScubaDirectory will not be held liable to you or any third-party for any change, interruption, or termination of the Website or any part.
- User Content. "User Content" means any and all information and content that a user submits to the Website. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by TheScubaDirectory. Because you alone are responsible for your User Content, you may expose yourself to liability. We are not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
- You hereby grant to TheScubaDirectory an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Website. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
- Acceptable Use Policy. The following terms constitute our
"Acceptable Use Policy":
- You agree not to use the Website to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- In addition, you agree not to: (i) upload, transmit, or distribute to or through the Website any software intended to damage or alter a computer system or data; (ii) send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of duplicative or unsolicited messages; (iii) use the Website to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Website, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Website; or (vi) use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to the Website.
- We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
- If you provide us with any feedback or suggestions regarding the Website, you hereby assign to TheScubaDirectory all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we believe appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.
- Reviews displayed on the Website are the subjective opinions of our members and not the opinion of TheScubaDirectory.
Third-Party Links & Ads; Other Users
- Third-Party Links & Ads. The Website may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of TheScubaDirectory, and we are not responsible for any Third-Party Links & Ads. We provides access to these Third-Party Links & Ads only as a convenience to you, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party’s privacy and data gathering practices.
- Other Users. Each Website user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that TheScubaDirectory will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved.
- You hereby release and forever discharge TheScubaDirectory and our employees and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
The Website is provided on an "as-is" and "as available" basis, and we expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. TheScubaDirectory does not provide any representations, warranties, conditions or indemnities regarding the use, validity, accuracy, completeness, timeliness, availability or reliability of, or any results of the use of, or otherwise respecting, the Website or any information or other materials made available on or through the Website or any websites linked to or from the Website. We do not assume any obligation to update the Website or advise of any further developments with respect to the Website. Information that is provided on the Website or on other websites to which the Website provides links may contain errors and may be subject to change without notice.
Limitation on Liability
To the maximum extent permitted by law, in no event shall TheScubaDirectory or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the Website even if TheScubaDirectory has been advised of the possibility of such damages. Access to and use of the Website is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
Term and Termination.
Subject to this Section, these Terms will remain in full force and effect while you use the Website. We may suspend or terminate your rights to use the Website at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Website will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. We will not have any liability whatsoever to you for any termination of your rights under these Terms.
The communications between you and TheScubaDirectory use electronic means, whether you use the Website or send us emails, or whether we post notices on the Website or communicate with you via email. For contractual purposes, you (a) consent to receive communications from TheScubaDirectory in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Copyright © 2017. All rights reserved. All trademarks, logos and service marks displayed on the Website are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
The laws of the Province of Saskatchewan and the laws of Canada applicable therein shall govern use of this Website and the interpretation, validity and effect of this agreement, notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Saskatchewan in any action or proceeding related to this Website and agree not to commence any such action or proceeding except in Saskatoon, Saskatchewan, Canada.
If you have any questions with respect to these terms, please contact us by email at: firstname.lastname@example.org
Effective Date: March 27, 2017