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Terms of use
AGREEMENT BETWEEN USER AND
Dive-Guide
The Dive-Guide Web Site is
comprised of various Web pages operated by Dive-Guide.
The Dive-Guide Web Site
is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein. Your use of the Dive-Guide
Web Site constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS
OF USE
Dive-Guide reserves the right
to change the terms, conditions, and notices under which the Dive-Guide
Web Site is offered, including but not limited to the charges associated
with the use of the Dive-Guide Web Site.
LINKS TO THIRD PARTY SITES
The Dive-Guide Web Site may
contain links to other Web Sites ("Linked Sites"). The Linked Sites are
not under the control of Dive-Guide and Dive-Guide is not responsible for
the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
Dive-Guide is not responsible for webcasting or any other form of transmission
received from any Linked Site. Dive-Guide is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by Dive-Guide of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use
of the Dive-Guide Web Site, you warrant to Dive-Guide that you will not
use the Dive-Guide Web Site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the Dive-Guide
Web Site in any manner which could damage, disable, overburden, or impair
the Dive-Guide Web Site or interfere with any other party's use and enjoyment
of the Dive-Guide Web Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available
or provided for through the Dive-Guide Web Sites.
USE OF COMMUNICATION SERVICES
The Dive-Guide Web Site may
contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with
a group (collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By
way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy
and publicity) of others.
Publish, post, upload, distribute
or disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
Upload files that contain
software or other material protected by intellectual property laws (or
by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
Upload files that contain
viruses, corrupted files, or any other similar software or programs that
may damage the operation of another's computer.
Advertise or offer to sell
or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages.
Conduct or forward surveys,
contests, pyramid schemes or chain letters.
Download any file posted
by another user of a Communication Service that you know, or reasonably
should know, cannot be legally distributed in such manner.
Falsify or delete any author
attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained
in a file that is uploaded.
Restrict or inhibit any other
user from using and enjoying the Communication Services.
Violate any code of conduct
or other guidelines which may be applicable for any particular Communication
Service.
Harvest or otherwise collect
information about others, including e-mail addresses, without their consent.
Violate any applicable laws
or regulations.
Dive-Guide has no obligation
to monitor the Communication Services. However, Dive-Guide reserves the
right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. Dive-Guide reserves the right to
terminate your access to any or all of the Communication Services at any
time without notice for any reason whatsoever.
Dive-Guide reserves the right
at all times to disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in part,
in Dive-Guide's sole discretion.
Always use caution when giving
out any personally identifying information about yourself or your children
in any Communication Service. Dive-Guide does not control or endorse the
content, messages or information found in any Communication Service and,
therefore, Dive-Guide specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized Dive-Guide
spokespersons, and their views do not necessarily reflect those of Dive-Guide.
Materials uploaded to a Communication
Service may be subject to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such limitations if
you download the materials.
MATERIALS PROVIDED TO Dive-Guide
OR POSTED AT ANY Dive-Guide WEB SITE
Dive-Guide does not claim
ownership of the materials you provide to Dive-Guide (including feedback
and suggestions) or post, upload, input or submit to any Dive-Guide Web
Site or its associated services (collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting your Submission
you are granting Dive-Guide, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid
with respect to the use of your Submission, as provided herein. Dive-Guide
is under no obligation to post or use any Submission you may provide and
may remove any Submission at any time in Dive-Guide's sole discretion.
By posting, uploading, inputting,
providing or submitting your Submission you warrant and represent that
you own or otherwise control all of the rights to your Submission as described
in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Dive-Guide
WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. Dive-Guide AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Dive-Guide WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE Dive-Guide WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
Dive-Guide AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE Dive-Guide WEB SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. Dive-Guide AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL Dive-Guide AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE Dive-Guide WEB SITE, WITH THE DELAY
OR INABILITY TO USE THE Dive-Guide WEB SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Dive-Guide WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE Dive-Guide WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF Dive-Guide OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE Dive-Guide WEB SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Dive-Guide WEB
SITE.
SERVICE CONTACT : mail@diveguide.nu
TERMINATION/ACCESS RESTRICTION
Dive-Guide reserves the right,
in its sole discretion, to terminate your access to the Dive-Guide Web
Site and the related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in King County,
Washington, U.S.A. in all disputes arising out of or relating to the use
of the Dive-Guide Web Site. Use of the Dive-Guide Web Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and Dive-Guide as a result of this agreement or use
of the Dive-Guide Web Site. Dive-Guide's performance of this agreement
is subject to existing laws and legal process, and nothing contained in
this agreement is in derogation of Dive-Guide's right to comply with governmental,
court and law enforcement requests or requirements relating to your use
of the Dive-Guide Web Site or information provided to or gathered by Dive-Guide
with respect to such use. If any part of this agreement is determined to
be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Dive-Guide with respect to the
Dive-Guide Web Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and
Dive-Guide with respect to the Dive-Guide Web Site. A printed version of
this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent an d subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all
related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Dive-Guide
Web Site are: and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies
and products mentioned herein may be the trademarks of their respective
owners.
The example companies, organizations,
products, people and events depicted herein are fictitious. No association
with any real company, organization, product, person, or event is intended
or should be inferred.
Any rights not expressly
granted herein are reserved.
NOTICES AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United
States Code, Section 512(c)(2), notifications of claimed copyright infringement
under United States copyright law should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE.
See Notice and Procedure
for Making Claims of Copyright Infringement.
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