When we started our first beta-version of TheDivingGuide.com we'd quickly learnt that ANY open, accessible item on the website is like a bait-ball of Sardines to annoying SPAM sharks (we actually love sharks, but not these ones). So, while we try to shield off non-divers with non-diving intentions and inappropriate divers (there are luckily few of those), sometimes abusive matters could be visible for a short period of time before they are removed. Although we mostly feel miserable about these events, we also need to officially tell people to behave and to also claim that we can't be responsible for these things if they do happen. So here we go:

General

TheDivingGuide.com (TDG) is a community platform and any registered member is able to upload and/or add content to this website, including (but not limited to) comments, reviews, opinions, blogs, links, photographs, etc. By using this website you acknowledge that the content on this website is a collection of experiences and opinions from this community. The information on this website is therefore of general informative nature and in no way comprises our personal advice or opinion.

Although we are monitoring this website and its content, we cannot guarantee that this platform is free from incorrect, inaccurate, unlawful, abusive and/or other wrongful information. If you come across any of this, please notify us (abuse@thedivingguide.com) so that we can take corrective actions.

By using this website, you acknowledge the above and you agree that TDG is not responsible and/or liable for any improperly presented content. If you do not agree with this, we respect your opinion, but in that case you must not use this website.

User Responsibilities

You guarantee that uploaded/posted content on the website is correct, accurate and in no way misleading. You guarantee that, by placing content or media on the website, there is no infringement of the rights of others and that you are not acting unlawfully.

Reasonableness 

By using this website, you agree that the exclusions and limitations of liability set out in this Disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

No warranties 

This website page is provided “as is” without any representations or warranties, express or implied. TDG makes no representations or warranties in relation to this website or the information and materials provided on this website. TDG does not warrant that:

  • the information on this website is complete, true, accurate or non-misleading.
  • his website is constantly available or available at all. Due to updates or adjustments, the website can be off-line at certain times. Also, TDG may, at its sole discretion and at any time, change or terminate the website, with or without giving prior notice. TDG is not liable for the consequences of any alterations or termination.
  • his website gives or constitutes any kind of binding advice. Opinions, experiences and situations or circumstances can be subjective or subject to change, so whenever you form your own opinion on locations, divespots, dive centers, or anything else from this website, your own experience might vary/differ. For example: dive spots or locations may not have certain marine life at the exact moment when you are visiting that divespot, weather conditions can show irregularities during a certain season, etc. Any decision taken by you on the basis of the information on the website is at your own risk and expense.

Links to other websites

TDG contains links to other websites maintained and owned by those parties (i.e. tourist information websites, dive centers, etc.). TDG is not responsible for the content of these websites. When you place links on the website, TDG does not, explicitly or implicitly, give approval to these websites and/or its content. If any link or its content is wrong, illegal or abusive, please notify us so that we can take corrective actions.

Registration and Uploading Information

  • When adding content, use proper, grammatically correct texts. Using spelling-check is advised.
  • Uploaded information and images on the website, including but not limited to dive center pages, dive spots and blogs, can’t be deceptive, misleading, abusive, or infringe anyone else’s copyright.
  • Only authorized representatives of a Dive Center may administer their dive center or liveaboard.
  • The general information of a Dive Center profile is public information and can be viewed by anyone looking at this page. Your account information (i.e. login, password) is not public of course.
  • Ads and commercial content (including comments/reviews) are subject to the Advertising Guidelines. Third-party advertisements on Pages are prohibited, without our prior permission. If you like to advertise, please check out our advertising section.
  • TDG may remove administrative rights or correct fails to meet the requirement as stated above.
  • By registering for an account with us you agree to receive messages from The Diving Guide. When messages are related to newsletters or sponsored content, we will provide the option to unsubscribe for these messages.

Promotions

As a Dive Centers you can show your offers and services on your own Dive Center Page. Ads or promotions (including text, media, links, etc.) in other sections, including (but not limited to) divespots, blogs, the forum and other comment-sections are prohibited. TDG reserves the right to reject or remove registration and remove or change uploaded content or media for this reason. These terms are subject to change at any time.

Limitations of liability 

  • TDG is not liable to anyone in relation to the contents of, or use of, or otherwise in connection with, this website:for any direct, indirect, special or consequential loss;
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  • These limitations of liability apply even if TDG has been expressly advised of the potential loss.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect TDG’s officers, employees and customers. By using this website, you accept that you will not bring any claim personally against TDG, its officers, and/or employees in respect of any losses you suffer in connection with this website page.

Use of Data

TDG does not provide any personal information to third parties. Generic data can be shared with advertising partners or customers, but this will not contain any personal information and/or is not associated with you personally. We may use personal data for the following purposes:

  • For safety and security reasons;
  • For internal use, such as research, data analytics, website/platform improvements and testing;
  • To protect TDG’s or others’ rights or property;
  • To make suggestions to you and other community members.
  • Note that any information that you share on blogs, reviews, forum, comment sections and/or on any other public or semi-public* section on TDG, it will be at your own responsibility and at your own risk. TDG is not responsible for any such information. (*semi-public refers to the general accessible webpages for the registered users, or members, of TDG’s diving community)

Intellectual property

The texts, photos, images, databases, trade and domain names, brands and logos on the site are protected by intellectual property laws and belong to TDG. It is prohibited to save information from this site (barring the information necessary to view the site) without prior written permission from TDG. Reproducing, changing, making public, distributing or sending, selling, bestowing rights or providing information to a third party in any way is also prohibited.

By posting content on the site you give TDG the non-exclusive, perpetual, transferable, irrevocable and sub-license right, without imposing any royalty or other remuneration for the use, reproduction, adaptation, translation, distribution, publishing and creation of derivative works of the content and to reproduce and publish the content in all currently known and future media.

TDG has the right to take legal action in its own right against third parties who infringe the content rights and against third parties who unlawfully act with regard to the visitor submitted content and, in such legal proceedings, in its own right and in its own name to claim prohibition, compensation and / or recover profits.

Unenforceable provisions 

If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Jurisdiction

This disclaimer and all provisions herein are governed exclusively by Dutch law. All disputes, controversies or differences of opinions between you and TDG will be settled by a qualified court in The Netherlands.

Definitions

  • ‘Website’ or ‘Platform’: this website, accessible via www.thedivingguide.com and www.divingguide.co
  • Content’: all data, information, texts, photographs, video or other material (whether or not copyrighted);
  • The Diving Guide’, ‘TDG’ or ‘we’: The Diving Guide, www.thedivingguide.com, operated by Platform 5, Delft, The Netherlands.

Questions and feedback

If you have any questions, please send us an email: info@thedivingguide.com