Terms and Conditions

These Terms of Use constitute a binding agreement between you and Divers Guide. Divers Guide reserves the right to update these Terms of Use.

Accepting the Terms of Use

The Divers Guide offers through its website and other applications various products and services related to dive site information, features of dive sites, maps of dive sites, photos, videos, news, information, profile data of users of Divers Guide Products and Services, sharing and uploading of experiences and reviews by users of Divers Guide Products and Services, through log messages and other messages and reviews. The Divers Guide Terms of Use and Privacy Policy apply to access to and use of Divers Guide Products and Services including Content, in the form of log messages, photos, information or otherwise, shared by others. Please read the Terms of Use carefully. Acceptance of the Terms of Use by registering with, accessing or using Divers Guide Products or Services, in any way, means that you are deemed to know, accept and agree to be bound by the terms of this Terms of Use Agreement. By registering to, accessing or using Divers Guide Products and Services, you acknowledge and confirm and agree that: (1) You are bound by all the terms and conditions of these Terms of Use. (2) You fully understand and agree to the terms and conditions of this Terms of Use Agreement. If you do not agree to all of the terms and conditions of these Terms of Use, please do not register with or access Divers Guide Products and Services. These Terms of Use are a binding agreement between you and Divers Guide. Divers Guide reserves the right to update these Terms of Use at any time.

Age Limitation

The use of Divers Guide Products and Services has an age limitation. You have to be of legal age under the laws applicable to you to access and use Divers Guide Products and Services. If you are a minor, under the laws applicable to you, your parents or legal guardian must agree to these Terms of Use and complete the registration process on your behalf in order for you to access and use Divers Guide Products and Services. By completing the registration process, you (if you are of age), or your parents or legal guardian (if you are a minor) are deemed to represent and warrant that you (if you are of age) or your parents or legal guardian (if you are a minor) agree to these Terms of Use and understand and acknowledge all legal and financial responsibility and liability and bear responsibility for all actions or activities that occur under your user account. 

Privacy Policy

Diver's Guide believes your privacy is essential. Please read our Privacy Statement for more information on how we collect and use your information.

Account, Registration and Security

You will have to become a registered user to access Divers Guide Products and Services. During the registration process, you will be asked to provide personal information and create a user account and password. By registering or accessing Divers Guide Products and Services, you agree to: (1) Maintain the security of your identification; (2) Provide accurate, current and complete information and promptly update such information to keep it accurate, current and complete; (3) Accept all risks arising from outdated, inaccurate or incomplete information. Divers Guide reserves the right, in its sole discretion, (1) To refuse to provide Divers Guide Products and Services to any person; (2) To temporarily or permanently terminate your user account and remove content without notice if (1) Any information provided during the registration process or later is inaccurate, not current or incomplete; (2) Activities or actions under your user account appear to violate our member conduct or (3) Content submitted by you is in violation with the copyright of other persons or is otherwise illegal. You will not share your user account or password with any third party, and you will take reasonable measures to keep your user account and password confidential and prevent your user account and password from being used by any third party. You agree to be solely responsible for all activities or actions under your user account, whether or not you have authorized such activities or actions. You will immediately notify Diversity Guide of any unauthorized use of your user account.

Member Conduct

You are bound by generally accepted standards of decency when using Diver Guide Products and Services and to Diver Guide's rules of conduct as set forth in these Terms of Use. You understand and agree that you cannot and may not use the Divers Guide Products and Services to: Post, upload, distribute, disseminate, or otherwise make available any Content that is illegal, unlawful, harassing, abusive, threatening, libelous, defamatory, offensive, abusive, pornographic, unlawful, defamatory, vulgar, obscene, hateful, racist, or otherwise objectionable, or that invades another's privacy; Encourages or promotes violence, aggression, hatred, racism, discrimination, harassment or harm against any person, gender or group; Impersonate someone you are not or otherwise misrepresent yourself; Post, upload, distribute, disseminate or otherwise make available any content that is not owned by you or that you have not lawfully obtained and that you are not authorized to make available under any law, agreement or understanding for any reason; Post, upload, distribute, disseminate or otherwise make available any content that violates any copyright, proprietary, trademark or other proprietary rights of any other third party; Post, upload, distribute, disseminate or otherwise make available any unsolicited or unauthorized spam, advertising materials, promotional offers or business proposals; Post, upload, distribute, disseminate or otherwise make available any material that contains malware, worms, viruses, spyware or other malicious software or files, computer code or programs that are intended to damage the operation or function of computer soft and hardware or circumvent, violate or ignore the rules of conduct or regulations of Divers Guide Products and Services, collect or store personal information about other users of Divers Guide Products and Services without their prior express consent; Exhibit or encourage conduct that violates national or international laws, or any laws relating to fraud, violence, terrorism; Stalk or otherwise harass other users of Divers Guide Products and Services; Encourage, enable or assist any Third Party to do any of the foregoing. You acknowledge, agree and consent that Divers Guide may access, retain or disclose your user account information and content if required to do so by applicable law or if Divers Guide believes in good faith that such access, retention or disclosure is reasonably necessary to: (1) Protect the rights, property, or personal safety of Divers Guide, the users of Divers Guide Products and Services, or third parties. (2) Comply with legal process; (3) Enforce this User Agreement. (4) Administer or enforce agreements of Divers Guide with the users of Divers Guide Products and Services, including investigation of possible violations thereof; (5) Follow up on customer service requests; (6) Detect or prevent technical problems, fraud or other issues. The above rules of conduct in these Terms of Use apply to everything in Divers Guide Products and Services including content and information posted, uploaded or shared by you or other users of Divers Guide Products and Services. (7) To respond to claims that any content violates the rights of third parties. 

Consent and Ownership

You acknowledge and agree that Divers Guide retains ownership of all rights, title and interest in the Divers Guide Products and Services and associated copyrights, trademarks, logos, intellectual property rights and trade secrets. Divers Guide Products and Services are not allowed to be copied, reproduced, imitated or redeveloped in any way, including but not limited to the designs, interface, source code, layout -out or design, for the purpose of creating derivative products or services to serve commercial or non-commercial purposes. You acknowledge and agree never and under no circumstances or in any way to attempt to use the source code of Diver Guide Products and Services to distribute malware, products, viruses or worms for the purpose of stealing, destroying or crashing Diver Guide Products and Services or others. You also acknowledge and agree not to distribute, sell, lease, distribute, transfer, sublicense or provide your user account of Divers Guide Products and Services to any other third party; Not to attempt to access or break into non-public areas of Divers Guide Products and Services, Divers Guide computer systems or the technical delivery systems of Divers Guide providers; Never attempt to probe or scan Divers Guide Products and Services or breach or circumvent security or authentication measures; access or search Divers Guide Products and Services or download content from Divers Guide Products and Services by any means (automated or otherwise) other than through the currently available interfaces provided by Divers Guide (and only pursuant to those terms); Disrupt or interrupt (or attempt to disrupt) the operation or access of the Divers Guide Products and Services, the access of any user, host or network in any way, or interfere with or create an undue burden on the Divers Guide Products and Services; In any way use the Divers Guide Products and Services to transmit modified, deceptive or false source identification information, circumvent, disable, damage, decrypt, remove or otherwise circumvent technological measures implemented by Divers Guide or any of Divers Guide's suppliers or any other third party (including any other user) to protect the Divers Guide Products and Services or the Content.

Submitted Content

By posting, uploading, distributing or otherwise spreading Content in any manner through Divers Guide Products and Services, you hereby grant Divers Guide a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license, with the right to sublicense, to use, adapt, reproduce, modify, distribute, store, cache, stream publicly, display, license, sell, transfer, transmit and otherwise exploit on and through third party distribution channels selected by Duikersgids, but not affiliated with Duikersgids, in any form, medium or technology, now available and known or later developed, in whole or in part, for any purpose whatsoever, including both commercial and non-commercial purposes. You also grant Divers Guide the right to sublicense these rights to third parties for distribution through third party distribution channels. You agree that neither Divers Guide nor third party distribution channels have any obligation to provide you with any compensation for your Content or the licenses granted. You should only offer Content through Divers Guide Products and Services that you wish to share with others under these Terms of Use. You understand that Divers Guide does not guarantee any confidentiality with respect to the Content you submit. Except for the information you wish to keep private, your Content will be visible to other users of Divers Guide Products and Services and the general public through distribution of Divers Guide Products and Services and/or other third party services and websites (including search engines). You further grant other users of Divers Guide Products and Services a non-exclusive and free license to access your Content through Divers Guide Products and Services, and to use, reproduce, distribute and share that Content through Divers Guide Products and Services under these Terms of Use. You acknowledge that Divers Guide may or may not monitor or pre-screen Content, but that Divers Guide shall have the right (but not the obligation) in its sole discretion to monitor, pre-screen, refuse or remove any Content available through Divers Guide Products and Services, whether or not such Content violates these Terms of Use. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. You understand that all Content, whether publicly posted or privately transmitted directly through Divers Guide Products and Services or through third party devices or services, is the sole responsibility of the person from whom such Content originated. Accordingly, you are solely responsible for all Content that you upload, post or otherwise spread through the Divers Guide Products and Services. Divers Guide does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Divers Guide Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. In no event Divers Guide shall be liable in any way for any Content, including, but not limited to, errors or mistakes in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available through the Divers Guide Products and Services. You further represent and warrant that: (1)You are either the sole and exclusive owner of all Content that you make available through the Divers Guide Products and Services, or that you possess all rights, licenses, consents and indemnities necessary to grant Divers Guide the rights to such Content, as contemplated under these Terms of Use; (2) Neither the Content, nor your posting, publication or transmission of Content, nor Divers Guide's use of Content (or any portion thereof) on, through or by means of Divers Guide Products and Services or otherwise will misappropriate or infringe on any patent, copyright, trademark, trade secret or other proprietary or intellectual property rights of any third party, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, or be required to pay any compensation or reimbursement to anyone.

Copyrights

Divers Guide will respond promptly and under all circumstances to tips, warnings and notices of alleged copyright infringement of Divers Guide Products and Services or users. You may notify Divers Guide of copyright infringement of Divers Guide Products and Services by emailing the Divers Guide editors. In addition, Divers Guide itself will make efforts to detect unlawful use of Divers Guide Content and remove any allegedly infringing or otherwise unlawful Content without prior notice to anyone.

Proposals, Suggestions, Ideas and Feedback

When you submit or make Content, Proposals, Suggestions, Ideas or Feedback to Divers Guide, you grant Divers Guide the following worldwide, non-exclusive, perpetual, irrevocable, royalty-free rights to; (1) Create, use, copy, modify, sell, distribute, sublicense and create derivative works from this Feedback as part of any Divers Guide product, technology, service, specification or other documentation; (2) Publicly perform or display, import, broadcast, transmit, distribute, license, offer for sale and sell, rent, lease or loan the Feedback (and derivative works thereof) as part of Divers Guide Products and Services, including the right to sublicense to further third parties. With respect to any Feedback you provide to Divers Guide, you represent and warrant that: (1) You have the right to provide such Feedback to Divers Guide and that such provision does not violate the rights of any other person or party; (2) Such Feedback does not contain any confidential or proprietary information of any other third party; (3) Divers Guide is not under any obligation of confidentiality, express or implied with respect to the Feedback. Divers Guide shall have the right to use or disclose (or choose not to use or disclose) this Feedback for any purpose, in any manner, in any media worldwide. This Feedback automatically becomes the exclusive property of Divers Guide without any obligation on the part of Divers Guide to you and under no circumstances will you be entitled to any compensation or reimbursement of any kind from Divers Guide. You shall indemnify and hold harmless Divers Guide from and against all claims, losses, expenses and liabilities arising out of any breach by you of the foregoing statement and warranty. You further agree to indemnify and hold harmless Divers Guide from and against all claims, losses, expenses and liabilities arising from your breach of the foregoing confidentiality obligations.

Disclaimer  

Divers Guide Products and Services, including but not limited to Divers Guide Tide Planner, may contain errors, bugs or other problems that have not yet been discovered, communicated or fixed. You should therefore use extreme caution whebn using Divers Guide Products and Services regarding content, log messages, advice and not rely on such Content, nor should you rely on the performance, calculations or predictions of Divers Guide Products and Services. Divers Guide does not warrant in any way that the Divers Guide Products and Services will be available indefinitely without interruption, interruption or downtime. Divers Guide reserves the right to modify or update the Divers Guide Products and Services at its sole discretion and at any time without notice to you. Divers Guide makes no warranties and disclaims of any kind. No content or information, regarding information, advice, log messages or otherwise, provided through Diver Guide Products and Services provides any warranty upon which you may rely. You are solely responsible for all of your diving, diving equipment and diving movements and for all of your communications and interactions with other users of Divers Guide Products and Services. This Disclaimer is based on Dutch Law and shall survive any termination or expiration of these Terms of Use or your use of Duikersgids Products and Services.

Liability

You acknowledge and agree that, to the maximum extent permitted by law, the cumulative liability of Divers Guide to you and other users of Divers Guide Products and Services or any party related to you and other users of Divers Guide Products and Services for any loss or damage arising out of or related to these Terms of Use or access to or use of Diversion Guide Products and Services shall never exceed one hundred dollars. This limitation applies under all circumstances. In no event shall Divers Guide or any other company or individual involved in the manufacture, production or delivery of Divers Guide Products and Services or Content be liable to you and other users of Divers Guide Products and Services or any party related to you and other users of Divers Guide Products and Services for any indirect, incidental, consequential, special or exemplary damages or lost profits, arising out of the use of Divers Guide Products and Services, even if Divers Guide has been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify and hold harmless Divers Guide and Divers Guide affiliates and suppliers and their employees, directors, agents, representatives and attorneys from and against all claims, liabilities, damages, losses and expenses arising out of or in any way related to (1) Your access to or use of Divers Guide Products and Services or Content; (2) Your violation of these Terms of Use or the policies or agreements contained, including but not limited to the Privacy Policy; and/or (3) Your violation of any third party right, including but not limited to any intellectual property right, confidential information or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or your use of the Diver Guide Products and Services.

Severability

If any provision or portion of these Terms of Use is held invalid or unenforceable, the remaining provisions of these Terms of Use and the remaining portion of any provision held partially invalid or unenforceable shall remain in full force and effect.

Jurisdiction

The Terms of Use shall be governed by Dutch law. Disputes of any kind shall be resolved in the Netherlands and in accordance with the laws of the Netherlands. All claims, allegations and likewise, relating to or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by arbitration under the laws of The Netherlands in accordance with the arbitration rules of The Netherlands which are in effect at the time the notice of arbitration is given. The place of arbitration shall be Rotterdam, the Netherlands. The arbitration shall be conducted in the Dutch language.

Agreement

These Terms of Use and any amended version thereof constitute the entire agreement between you and Divers Guide and apply to your use of the Divers Guide Products and Services and all prior or contemporaneous oral or written representations are hereby superseded.