Thanks for using TheDivingGuide.com! It is unfortunately necessary to have lots of rules and legal disclaimers to safeguard the quality and continuity of this platform.  We would rather have spent that time on creating more content for you (or going diving), but what needs to be done, needs to be done....

Terms of Use / Terms & Conditions

TheDivingGuide.com (the “Website”) tries to help divers and other travelers to gather information and help them/you form an opinion on diving trips and diving experiences. We facilitate that by providing written content on locations, directories for divespots and divecenters and tools to engage with the diving community (the users. you) such as review & rating tools, comment/disussion sections, listings, options to upload media, wishlists, etc. In order to focus on this goal, these Terms of Use have been created.

Terms

This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). The term “you” refers to anyone visiting the Website and/or contributing content on this Website. The terms “we”, “us”, “our”, “site”, “Website”, and “TheDivingGuide.com” refer to Platform 5, a Dutch (Netherlands) based company.

General

By accessing or using TheDivingGuide.com website (http://www.TheDivingGuide.com), or by otherwise accessing any content found on this Website, you are deemed to have entered into an agreement with TheDivingGuide.com and you have agreed to be bound by the Agreement set out below. If you do not accept all of these terms and conditions, please do not use this Website.

At any time and for any reason, including, but not limited to, for violation of this Agreement, we retain the right at our sole discretion to deny access to anyone to this Website and the services we offer.

Use of TheDivingGuide.com

You may retrieve and display the TheDivingGuide.com content for personal, non-commercial use. The content and information on this Website (including, but not limited to, information, reviews, ratings, data, text, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used by/for the Website, is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.

In consideration of your use of TheDivingGuide.com, you represent that you are older than age 13 in order to become a member of the Website (register for an account) and contribute to the website. You also agree that all information supplied by you on this Website is true, accurate, current, and complete.

Any use of the TheDivingGuide.com Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to info@thedivingguide.com.

Uploaded Content to TheDivingGuide.com

Any content that is submitted by you to TheDivingGuide.com will be retained and used on the site according to TheDivingGuide.com’s Privacy Policy. By uploading content (including images and/or other media) to TheDivingGuide.com, you are confirming that you either own the content or otherwise have the right from the rightful owner to upload and/or (re)distribute this content, so that TheDivingGuide.com’s publication of such content will not violate the rights of any third party.

When uploading and/or submitting content to this Website you grant TheDivingGuide.com a nonexclusive, royalty-free, permanent, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform this content.

You agree that any content that is uploaded by you is not unlawful, offensive, obscene, pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent or otherwise objectionable.

It is not possible for TheDivingGuide.com to fully and effectively monitor Messages that are submitted for infringement of third party rights. Some users may breach these terms and post content that is inaccurate, misleading or offensive. You must bear all risk associated with your use of reviews and the forum and should not rely on content or messages in making (or refraining from making) any specific investment or other decisions. If you believe that a message infringes your legal rights, please contact us at info@thedivingguide.com.

Content on TheDivingGuide.com

The content on TheDivingGuide.com, including written information, media (photos, videos and other images), is compiled from a variety of sources and is subject to change without notice. We put reasonable efforts in reviewing the uploaded and submitted content to TheDivingGuide.com, however, we cannot warrant accuracy, usability or appropriateness of the content. The content posted is provided “AS IS”.

All content posted on TheDivingGuide.com by TheDivingGuide.com is copyrighted and protected by Dutch and international laws and treaties. TheDivingGuide.com is either the copyright owner or has permission from the copyright owner to use the material it has posted. If you wish to use material from TheDivingGuide.com that is not specifically offered for download, separate written permission must be requested through info@TheDivingGuide.com

You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as “The TheDivingGuide.com” name and logo) for any reason without written permission from TheDivingGuide.com. The software which operates the Website is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

Forum and Community

This Website functions with the help of members, the community. Content, reviews, ratings, massages and discussions on the forum. TheDivingGuide.com reviews the content in its best capacity and has embedded measures to report unrightfully provided information (‘Report Abuse’ and contact/feedback option).  Nevertheless, TheDivingGuide.com does not control the information/content posted to Forums by users (the “Messages”). Therefore, all content posted is considered “AS IS”. TheDivingGuide.com is not responsible for any statements, advice or opinions of Users. The advice and opinions expressed by TheDivingGuide.com users are theirs alone, and do not reflect the advice or opinions of TheDivingGuide.com.

When sharing and/or uploading content, you expressly agree not to post, upload, transfer, distribute, store, create or publish any of the following on/to the Website:

  1. Any content, information, photos or other media, code or anything else that is unlawful, offensive, obscene, pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent or otherwise objectionable;
  2. Content that may infringe intellectual property, including copyright, patent, trademark, or proprietary right;
  3. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including TheDivingGuide.com and its users
  4. Unsolicited promotions, advertising, contests, or solicitations;
  5. post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”;
  6. Private information of any third party, including and without limitation: names, contact information or any other personal information that should not be made public;
  7. Harmful content, including corrupted data, viruses, Trojans or any other destructive files;
  8. Content that is unrelated to the topic in which such Content is posted;
  9. Content or links to content that, in the sole judgment of TheDivingGuide.com, violates the previous subsections herein and/or exposes TheDivingGuide.com or its users to any harm or liability of any type.

TheDivingGuide.com reserves the right at its sole discretion and without notice to delete, move or edit the Messages and to terminate your access to and use of the Forums.

By submitting content to the Website you agree to indemnify and hold harmless TheDivingGuide.com from all claims, costs and expenses (including legal expenses) arising out of any of this content posted or published by you.

Account (Membership) 

If you have am account (membership) at TheDivingGuide.com, you are responsible for safeguarding your account information and you will supervise and be completely responsible for any use of your account by anyone other than you.

Changes

The TheDivingGuide.com reserves the right, in its discretion, to suspend, change, modify, add or remove content from the Website at any time and to restrict the use and accessibility of the Site. Fixes and suggestions for improvements/new features or capabilities submitted to TheDivingGuide.com become the sole property of TheDivingGuide.com.

Cookies

Everyone knows about cookies by now, but if you don’t: a cookie is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, recording your passwords, purchases, preferences, etc. It cannot be executed as code or deliver viruses. In your browser settings you can automatically accept or decline cookies. not to accept it. We use Cookies to better understand you and to (re)engineer our site to be able to give you a more personalized service.

Viruses

TheDivingGuide.com assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer, equipment or other property due to your access to, use of, browsing of or downloading content from TheDivingGuide.com.

Suggestions and feedback

Any feedback or suggestions can be directed to TheDivingGuide.com at: info@thedivingguide.com.

Privacy Policy

Please review our current Privacy Policy to understand how we try to protect your privacy.

Disclaimer of Liability

YOU USE THEDIVNGGUIDE.COM AT YOUR OWN RISK. THEDIVINGGUIDE.COM IS PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THEDIVINGGUIDE.COM MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THEDIVNGGUIDE.COM WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Damages

TheDivingGuide.com IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, DATA OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE TheDivingGuide.com AND ITS AGENTS, EMPLOYEES, DIRECTORS AND OFFICERS FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACTIONS, CONTENT, DATA OR INFORMATION OF THIRD PARTIES. TheDivingGuide.com WILL NOT BE LIABLE TO YOU FOR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUES, LOST DATA, USE, GOOD-WILL, OTHER INTANGIBLE LOSSES OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THEDIVINGGUIDE.COM, EVEN IF TheDivingGuide.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Force Majeure 

The TheDivingGuide.com or any of its providers is not liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the TheDivingGuide.com. Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

Indemnify and Hold Harmless For Users

If anyone brings any claims against TheDivingGuide.com based upon or related to your actions or content, or information you shared or published on or through TheDivingGuide.com, you will indemnify, defend, and hold TheDivingGuide.com harmless from and against all damages, losses, and expenses of any kind, including reasonable attorney’s fees and costs, related to any such claims.

Indemnify and Hold Harmless for Advertisers or Other Information Providers

Any advertisements or other information published or displayed on or through TheDivingGuide.com must comply with all applicable laws and not be deceptive, false, or misleading, or violate the rights of any third parties. If anyone brings any claim against TheDivingGuide.com — such as, but not limited to, a claim for false, misleading, or negligent advertising; infringement of intellectual property rights; or invasion of privacy — based upon or related to your advertisements or information you published or displayed on or through TheDivingGuide.com, you will indemnify, defend, and hold TheDivingGuide.com harmless from and against all damages, losses, and expenses of any kind, including reasonable attorney’s fees and costs, related to any such claim.

Waiver and Severability

The failure of TheDivingGuide.com to enforce any right or provision of these The Agreement will not be deemed a waiver of such right or provision. In the event that any provision of these The Agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these The Agreement will remain in full force and effect.

Changes to these Terms of Use

TheDivingGuide.com reserves the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

By accessing or using TheDivingGuide.com you agree that you have read, understood and are bound by these The Agreement, including any future changes made to the The Agreement and in effect at any time you accessed or used TheDivingGuide.com.

Governing Law and Jurisdiction

For the exclusive benefit of TheDivingGuide.com, TheDivingGuide.com shall retain the right to bring proceedings as to the substance of the matter in the courts of The Netherlands, or where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

Comments, feedback or report of breach

If you have any comments or feedback, or if you want to report a breach of this contract, please send us a message: info@thedivingguide.com.

TheDivingGuide.com