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- DRAFT - Terms & Conditions of use - DRAFT -

1. Acceptance of Terms & Conditions

This website (http://myDiveOnline.com) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.

2. Personal & non-commercial use limitation

This website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website.

3. Third-party sites

This website may contain links to other websites or resources operated by parties. Such links are provided for your convenience only. Because myDiveOnline.com has no control over such sites and resources, you acknowledge and agree that myDiveOnline.com are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. This website's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. You further acknowledge and agree that myDiveOnline.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

4. Description of Service

This website currently provides users with access to a rich collection of online resources and information including inter alia forums, articles, news, polling, destination information and webpage hosting services (the "Services"). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new myDiveOnline.com resources, shall be subject to the Terms & Conditions of Service. In order to use the Service, you must obtain access to the worldwide web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the worldwide web, including a computer and modem or other access device.

5. Privacy Policy

Pursuant to myDiveOnline.com 's privacy policy, we may disclose to third parties certain aggregate information contained in your registration data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorised by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms & Conditions of Service, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time.

6. Member Conduct

As a condition of your use of this website, you warrant to myDiveOnline.com that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

This website may contain rating boards, review postings, forums, private messaging, communities and/or other message or communication facilities (collectively, "Communities"), you agree to use the Communities only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Community, you will not:

(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) Impersonate any person or entity, including, but not limited to, a myDiveOnline.com official, forum moderator, administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) 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;
(e) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(f) Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(h) Advertise or offer to sell any goods or services for any commercial purpose, except as specifically permitted in Classifieds listing, etc.;
(i) Conduct or forward surveys, contests, pyramid schemes or chain letters;
(j) Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner;
(k) 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;
(l) Restrict or inhibit any other user from using and enjoying the Communities;
(m) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
(n) "Stalk" or otherwise harass another;
(o) Collect or store personal data about other users;
(p) Register multiple membership accounts to represent different individuals on the Forum/The Community.

7. Termination and restriction of access

You agree that myDiveOnline.com, in its sole discretion, may terminate your password, forum membership, use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if myDiveOnline.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms & Conditions of Service.

myDiveOnline.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms & Conditions of Service may be effected without prior notice, and acknowledge and agree that myDiveOnline.com may immediately deactivate or delete your myDiveOnline.com Membership and all related information and files in your myDiveOnline.com Membership and/or bar any further access to such files or the Services. Further, you agree that myDiveOnline.com shall not be liable to you or any third-party for any termination of your access to the Service.

myDiveOnline.com reserves the right to deny in its sole discretion any user access to this website or any portion thereof without notice.

8. Advertisements and promotions

myDiveOnline.com may run advertisements and promotions. By using this website, you agree that myDiveOnline.com has the right to run such advertisements and promotions. The manner, mode and extent of advertising by myDiveOnline.com is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that myDiveOnline.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

9. Monitoring

myDiveOnline.com has no obligation to monitor the rating boards. However, myDiveOnline.com 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 myDiveOnline.com's sole discretion.

myDiveOnline.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

myDiveOnline.com does not control or endorse the content, messages or information found in any rating or review and, therefore, myDiveOnline.com specifically disclaim any liability with regard to the rating and reviews and any actions resulting from your participation.

10. Indemnity

You agree to indemnify and hold myDiveOnline.com, and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms & Conditions of Service, or your violation of any rights of another.

11. Liability disclaimer

The information, products and services included on this website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. myDiveOnline.com may make improvements and/or changes in this website at any time.

myDiveOnline.com makes no representations about the suitabtility, reliability, timeliness and accuracy of the information, products, services and related materials on this website for any purpose.

All such information, products, services and related materials are provided "as is" without warranty of any kind. myDiveOnline.com hereby disclaim all warranties and conditions with regard to this information, products, services and related materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall myDiveOnline.com 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 website, the provision or failure to provide services, or for any information, products, services and related materials obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if myDiveOnline.com has been advised of the possibility of damages. Because some 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 this website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this website.

12. Contact

Contact myDiveOnline.com via [email protected] on this website with questions or problems with this website.

13. Modification of Terms & Conditions

myDiveOnline.com reserves the right to change the terms, conditions, and notices under which this website is offered.

14. General information

The Terms & Conditions of Service constitute the entire agreement between you and myDiveOnline.com and govern your use of the Service, superceding any prior agreements between you and myDiveOnline.com . You also may be subject to additional terms and conditions that may apply when you use affiliate or other myDiveOnline.com services, third-party content or third-party software. The failure of myDiveOnline.com to exercise or enforce any right or provision of the Terms & Conditions of Service shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms & Conditions of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms & Conditions of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms & Conditions of Service are for convenience only and have no legal or contractual effect. All contents of this website are Copyright © myDiveOnline.com. All rights reserved. Other product and company names mentioned herein may be the trademarks of their respective owners.