Allgemeine Geschäftsbedingungen
These Terms are applicable to your use of the Website as a visitor, member, partner or any other type of user. With the Website we refer to www.greatestdivesites.com and all its sub domains. All references to "we", "us", "our", "GreatestDiveSites" and "GDS" in these Terms are intended to refer to GreatestDiveSites. All references to "you", "your", "visitor", "member", "partner" and "user" in these Terms are intended to refer to the user who accepts the Terms by using the Website. With Registration Pages we mean the pages on the Website reached after any form of registering or sharing your personal information. User Items, only possible after completing one of the Registration Pages, are all User Content placed on the Website.
1. PERSONAL INFORMATION AND PRIVACY POLICY
1.1 Personal Information
- 1. Information we Collect
You can visit the Website without telling us who you are or revealing any personal information about yourself. However, you should be aware that sections of the Website require registering with GDS, referred to as Registration Pages. The information we store while registering or using one of the services that have been made possible by registering is solely meant to increase our service to you. After completion of the required personal information such as email-address, it is your choice and decision to complete all personal information as made possible on the Registration Pages. - 2. What happens to your Personal Information?
GDS does not disclose, sell, rent or transmit personal information to other companies except as set out in this Section 1.1.2. Although most personal information is kept secret within your account, you should be aware that some information is visible throughout our website. For promotional purposes we might upload User Items, such as images and/or movies, to third party website such as FaceBook, Twitter, Flickr and some other sharing websites. This will never be conflicting with the Users' Copyright, see paragraph 2.1.2.
1.2. Opting In and Out
When you, as a Member, submit personal information to us through the Registration Pages on this Website, you will be given an opportunity to opt out of several automated status email updates and automated emails triggered by users on the Website. As a Member, you have an opportunity to select which sections you prefer to hide from others and which not. Members and other types of accounts that do not have this automated opt-out features, can contact us at any point if you do not wish to receive e-mails from us, if you would like to be removed from our database or if you have problems with any other form of displaying your information. We will be happy to acknowledge your request and will do so as soon as possible.
1.3. IP Address and Cookies
- 1. IP Address
The servers of GDS and our Forum may collect the IP address of your computer. If we collect your IP address, it will be utilized only for the purpose of solving server problems and Website administration, and will not personally identify you in any way. - 2. Cookies
The Website uses "cookies" - small amounts of data stored in your computers' browser or on your hard disk. These cookies are only used to recognize you (if you have told us who you are), to keep track of your preferences and to store several user initiated ratings. GDS only uses cookies to make it easier for you to navigate around the Website and will never use it for any personal identification. Through your browser, it is always possible to remove these cookies at any time.
1.4. Security of Information and Disclosures
- 1. Safeguard information and Security
GDS uses reasonable security measures to safeguard information concerning, and submitted by, users like you. Despite the security measures employed by GDS, you should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet and GDS cannot guarantee that communications between you and us will always be free from unauthorized access by third parties such as hackers. Your use of the Website demonstrates your acceptance of this risk. - 2. Privacy when required by law
GDS will, to the extent possible, control your personal information, and, except as otherwise set forth herein, we will not disclose your personal information to third parties. Although we are committed to maintaining the confidentiality of your personal information, if required by law, we reserve the right to disclose such information without first obtaining your consent.
1.5. Links to Other Sites
For your convenience and those of our advertisers, this Website may from time to time include links to third-party web sites whose information, disclaimer, privacy policy and terms may be different than ours. GDS has no responsibility whatsoever for Content on other websites that you may find or access when using the Website. In no event will GDS be liable to you for any damages arising out of or in connection with, directly or indirectly, the privacy standards, disclaimer and/or terms adopted by other websites, to which GDS provides links from the Website.
1.6. Deletion of User Content
In the event of removing your account, GDS reserves the right in its sole discretion, without notice, without cause and without liability to remove and delete your ID and personal information and any and all of the User Content that you may store, transmit, present, upload, post, email or otherwise communicate or make available through the Website.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 Ownership
You should assume that everything you see or read on the Website is protected by copyright unless otherwise noted, and may not be used without the owners written permission, except as otherwise provided in these Terms.
- 1. Intellectual Property Rights
All content, text, images, data, information and other material displayed, available or present on the Website, including any intellectual property rights in such Content (including, without limitation, trade marks and copyright, hereinafter "Intellectual Property Rights") but excluding Content made available by the user (User Content), are the property of GDS, and are protected by applicable intellectual property laws. - 2. User Content
The User retains the copyright to all User Content posted to the Website. When you post User Content or otherwise provide User Content to the Website, you authorize us to make copies there of, to adapt these, make derivative works, make them available on the Internet, and otherwise use this User Content if necessary in order to facilitate the posting and storage of the User Content on the Website. You are aware of the fact that most User Content is shared throughout the Website and can therefore be accessed by any third party such that the privacy of your User Content cannot be guaranteed.
2.2. Authorised and Prohibited Uses
- 1. Download / Print
You may access, visit, use and display the Website and any GDS Content on a single computer only and, where this is facilitated by GDS, download and print copies of the GDS Content, but only to the extent necessary to make authorised use of the Website, and for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms and applicable laws. You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website. - 2. Intellectual Property Rights
The status of GDS as author of the Content on the Website must always be acknowledged. You must not modify the Content you have printed off or downloaded from the Website in any way, and you must not use any photographs, illustrations, video or audio sequences to which you do not own any trademark or copyright (or any other Intellectual Property Right). You may not copy, reproduce, sell, publish, license, distribute, modify, display, or use any part or parts of the Website and/or the Content without prior written permission from the owner of the Content. You also agree not to utilize the Website's Content for the purpose of providing or performing any commercial service for other users or third parties. - 3. Infringement
You agree not to infringe any Intellectual Property Rights or remove or modify related proprietary notices contained in the Website or the Content.
2.3. User Content
- 1. Lawful Ownership
You represent and warrant that you are the lawful owner of any User Content that you submit to or store on the Website, or that you are licensed to use such User Content by the appropriate owners thereof. You agree not to submit to or store User Content on the Website except for content that is fully authorized for purposes of the Website and these Terms, and you will not infringe any person's intellectual property rights in connection with such submissions, storage or use of the Service. - 2. Responsibility
It is your obligation to determine the extent to which the User Content you submit or store is protected by any applicable intellectual property laws. GDS does not endorse any User Content, third party products and/or services that may appear on the Website. Nothing in these Terms shall obligate GDS to permit the posting or storage of any User Content on the Website. GDS has the right to remove User Content, block accounts and all other necessary steps in case of violation of these Terms.
2.4. Submission of Ideas
If you submit any Ideas or suggestions in relation to the Website, you agree that the Ideas are not confidential or proprietary. GDS has no obligation to evaluate, review, adopt, or implement any of your Ideas, GDS has no obligation to pay you for the Ideas, nor does GDS have any other responsibility to you or to any other third parties who may claim rights in the Ideas; and although GDS has no obligation to do so, GDS shall be free to exploit the Ideas as it sees fit without any payment to you, and you shall not assert any intellectual property or other rights against GDS with regard to such use.
3. USE OF SERVICE / GENERAL
3.1. Obligations of User
- 1. Responsibility
By using the Website, you agree to comply with these Terms and any law applicable to you. Your use of the Website is completely at your own risk and responsibility and GDS accepts no responsibility whatsoever on your behalf. If you Transmit any User Content that breaches these Terms or any applicable law or infringes the rights of any third party, or if you behave in a manner that conflicts with these Terms, you may subject yourself to liability, claims, fines and/or damages. - 2. Prohibited Items
GDS prohibits the following conduct when you use the Website:
1. Transmitting any User Content that is unlawful, injurious, harmful, threatening, defamatory, an invasion of privacy, libelous, pornographic, obscene, repulsive, discriminatory, racial, illegal or otherwise objectionable.
2. Transmitting any User Content that you do not have a right to Transmit, or that infringes any intellectual property right including but not limited to patent, utility model, design, trademark, copyright and/or contractual right of any third party.
3. Transmitting any User Content that is unsolicited or unauthorised commercial advertising, promotional materials, "junk mail", "spam mail", "bulk mail", "chain letter" or any other User Content for solicitation.
4. Transmitting any User Content that contains any software viruses or computer code, file or program designed to interrupt, destroy or restrict the function of computer hardware, software or network system.
5. Interfering with or disrupting the Website (including the servers or networks connected to the Website), or breaching any requirements, procedures, policies, rules or regulations of networks connected to the Website.
6. Intentionally or unintentionally violating any law.
7. Stalking or otherwise harassing any third party.
8. Collecting or storing personal data of other users or third parties without their express permission; and/or
9. Any other conduct that is illegal, unlawful or, in the sole opinion of GDS, otherwise objectionable.
3.2. Rights of GDS
If GDS determines that any user is engaging in Prohibited Items, GDS shall have the right to remove any User Content you have Transmitted in violation of these Terms, take any action that is specified in these Terms and/or take any other action that GDS deems reasonable in its sole discretion, including removing accounts and disclosing personal information in case of court order. GDS is not responsible for any error on the Website and the consequences following.
3.3. Change of the Terms
GDS reserves the right to update or change the Terms at any time by posting the updated policy on the Website. All updates and changes shall be effective at the time they are posted on the Website. Therefore, we recommend that you review the Terms periodically to ensure that you are aware of any such changes. Your continued use of this Website after GDS has changed these Terms shall constitute your acceptance of the modified Terms.
3.4. Disclaimer
Your use of the Website, including but not limited to all content contained on the Website, is provided without any guarantees, conditions or warranties of any kind whatsoever, expressed or implied, whether by statute, common law or otherwise, including without limitation, the warranties of merchantability, satisfactory quality or fitness for a particular purpose which are expressly excluded to the fullest extent permitted by law. You and any user of the Website shall assume all responsibility and risk in such use. Diving is a dangerous sport and we recommend diving through an accredited diving organization and always dive within the limits of your diving qualifications. Google Maps latitude and longitude data cannot be used for navigational purposes. Nor is Greatest Dive Sites responsible for inaccurate positions for all of our dive sites. We try to locate each dive site as accurate as possible, but these values are extremely error prone and we cannot be held responsible in any way.
In no event shall GDS warrant that the Website shall be uninterrupted, always available, accurate, free of viruses or other harmful components, functional or error free, nor shall GDS warrant or make any representations as to any content on the website including, without limitation, the quality, correctness, accuracy, reliability and/or legality thereof. GDS makes every effort to ensure all the information contained at this web site is correct and up to date. However, due to the nature of the content, collecting it from second hand sources and uploaded by users throughout the world, GDS cannot always be sure that this is the case. GDS cannot be held responsible for any errors on the site and for any actions you may take after viewing its content.