My Dive Album - community website for Scuba divers, free divers, spearfishermen underwater hocky and fish enthusiasts

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Terms of Services

AGREEMENT BETWEEN USER AND MYDIVEALBUM

The MyDiveAlbum Web Site is comprised of various Web pages operated by MyDiveAlbum.

The MyDiveAlbum Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MyDiveAlbum Web Site constitutes your agreement to all such terms, conditions, and notices.

TERMS AND CONDITIONS OF USE

These terms and conditions “the terms and conditions” govern your use of the MyDiveAlbum (“our/we/us”) website located at the domain name www.mydivealbum.com (“the website”).

By accessing and using the website, you agree to be bound by the terms and conditions set out in this notice. If you do not wish to be bound by these terms and conditions, you may not access, display, use, download and/or otherwise copy or distribute content obtained at the website.

We reserve the right to change portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to the website. It is your obligation to periodically check these terms and conditions at the website for any changes. Your continued use of the website following the posting of changes will be considered notice of your acceptance to abide by and be bound by these terms and conditions, including any changes.

Any headings used are for convenience only and are not relevant for the purposes of interpretation.

MyDiveAlbum is an online diving community that helps members to network, and post and information that is not offensive in any way.

Our website is www.mydivealbum .com and our email address is info@mydivealbum.com

MODIFICATION OF THESE TERMS OF USE

MyDiveAlbum reserves the right to change the terms, conditions, and notices under which the MyDiveAlbum Web Site is offered, including but not limited to the charges associated with the use of the MyDiveAlbum Web Site.

MEMBERSHIP

You may apply for membership by submitting a completed registration form to us on the website.

We reserve the right to accept or refuse applications for membership in our sole discretion, with no requirement that we furnish reasons.

We reserve the right to terminate any person’s membership without notice and without any refund, in our sole discretion.

No person may use the website for any unlawful purpose or in any way which violates these terms and conditions or any code of conduct to which we subscribe.

No person may use the website to promote any other website, service or business which directly or indirectly competes with us.

No person or user may use the forums, blogs and dive café to directly sell their goods and services. The classifieds section has been created to cater for selling of goods and services through which MyDiveAlbum will receive a commission and/or fee.

MEMBERSHIP FEES

a. Membership to non-commercial users is free

b. Commercial users pay a monthly subscription fee of US$25.00 per month. Commercial members registered in the Republic of South Africa on debit order pay a monthly fee (ex VAT) of R195 per month

i. We reserve the right to change the fee structure from time to time and without notice.

ii. You are entitled to terminate your membership at any time by unsubscribing. You must unsubscribe within 48 hours of your billing date to ensure you are not billed for the following month. You will be liable for membership fees until the termination of your membership.

iii. If you upgrade or register your membership to a Commercial before the last day of a month, you will be charged the membership fee on a pro rata basis for the balance of that month.

iv. You are entitled to terminate your membership by unsubscribing. You may do so with effect from the end of a month by unsubscribing before the 25th day of that month. If you unsubscribe on or after the 25th day of a month, your membership will terminate with effect from the end of the following month. You will be liable for membership fees until the termination of your membership.

PAYMENT

Membership subscriptions may be paid online by credit card. Transaction details will be presented to the bank and an authorization will be obtained for the amount of the subscription, at the time of subscribing.

Membership subscriptions are payable monthly and payments will therefore be deducted monthly until membership is terminated.

Your membership subscription shall be concluded when a credit card authorization is received from your bank.

We reserve the right to refuse any transaction if we are concerned regarding its legitimacy.

All credit card transactions are Secure Socket Layers encrypted.

The transaction currency is US Dollars and South African Rands for members of the South African community

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

All content on the website, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, belong to or are licensed to MyDiveAlbum. All rights therein not expressly granted by us, are reserved and retained. The content is protected by United Kingdom and international copyright laws.

You may access, display, use, download and copy content from the website for private, non-commercial and information purposes only. This right is non-exclusive, non-transferable, limited and revocable, and subject to these terms and conditions.

The website and content may not be reproduced, duplicated, copies, resold, visited or otherwise exploited for any commercial purpose without out express prior written consent.

We reserve the right to make changes to the website, the content, or to the products and services offered through the website at any time and without notice.

COMPLAINTS

We are unable to screen all content made available on the website. We shall not be liable for any illegal, defamatory or obscene content. Complaints about abuse or misuse of the website must be reported to complaints@mydivealbum.com

We reserve the right to remove or edit content in our sole discretion.

ELECTRONIC COMMUNICATIONS

You consent to receiving communications from us electronically and agree that such means of communication shall be valid for the purpose of any communication required to be given by us to you, and shall, without limiting the generality thereof, fulfil any requirement that a communication be in writing.

HYPERLINKS

You may not link to any page on the website without our express, prior, written permission.

You may download our logo for use on your website.

Any hyperlinks provided on the website to external websites are provided as is. We do not necessarily agree with, edit or sponsor the content on any such website.

FRAMING

You may not frame the website or any pages on it in any way whatsoever.

SPIDERS AND CRAWLERS

You may not use any technology to search and gain any information from this site without our express, prior, written permission.

LINKS TO THIRD PARTY SITES

The MyDiveAlbum Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of MyDiveAlbum and MyDiveAlbum is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MyDiveAlbum is not responsible for webcasting or any MyDiveAlbum form of transmission received from any Linked Site. MyDiveAlbum is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MyDiveAlbum of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the MyDiveAlbum Web Site, you warrant to MyDiveAlbum that you will not use the MyDiveAlbum Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MyDiveAlbum Web Site in any manner, which could damage, disable, overburden, or impair the MyDiveAlbum Web Site or interfere with any MyDiveAlbum party's use and enjoyment of the MyDiveAlbum Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MyDiveAlbum Web Sites.

USE OF COMMUNICATION SERVICES

The MyDiveAlbum Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or MyDiveAlbum message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of MyDiveAlbum.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or MyDiveAlbum 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.
Upload files that contain viruses, corrupted files, or any MyDiveAlbum similar software or programs that may damage the operation of anMyDiveAlbum's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by a MyDiveAlbum user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or MyDiveAlbum proper notices or proprietary designations or labels of the origin or source of software or MyDiveAlbum material contained in a file that is uploaded.
Restrict or inhibit any MyDiveAlbum user from using and enjoying the Communication Services.
Violate any code of conduct or MyDiveAlbum guidelines, which may be applicable for any particular Communication Service.
Harvest or collect information about MyDiveAlbum, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
MyDiveAlbum has no obligation to monitor the Communication Services. However, MyDiveAlbum reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MyDiveAlbum reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

MyDiveAlbum 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 MyDiveAlbum's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MyDiveAlbum does not control or endorse the content, messages or information found in any Communication Service and, therefore, MyDiveAlbum specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MyDiveAlbum spokespersons, and their views do not necessarily reflect those of MyDiveAlbum.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO MYDIVEALBUM OR POSTED AT ANY MYDIVEALBUM WEB SITE

MyDiveAlbum does not claim ownership of the materials you provide to MyDiveAlbum (including feedback and suggestions) or post, upload, input or submit to any MyDiveAlbum Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MyDiveAlbum, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. MyDiveAlbum is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MyDiveAlbum's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the MyDiveAlbum web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. MyDiveAlbum and/or its suppliers may make improvements and/or changes in the MyDiveAlbum web site at any time. Advice received via the MyDiveAlbum web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

MyDiveAlbum and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the MyDiveAlbum web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. MyDiveAlbum and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall MyDiveAlbum and/or its suppliers 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 MyDiveAlbum web site, with the delay or inability to use the MyDiveAlbum web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the MyDiveAlbum web site, or arising out of the use of the MyDiveAlbum web site, whether based on contract, tort, negligence, strict liability or, even if MyDiveAlbum or any of its suppliers has been advised of the possibility of damages. Because some states/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 the MyDiveAlbum web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the MyDiveAlbum web site.

The website and all content on the website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. We shall not be liable for any damage, loss or liability of any nature incurred by any person as a result of any action or omission whatsoever. We make no warranty or representation, implied or otherwise, as to the suitability, availability, accuracy or completeness of the content, or any third party content accessible via an internet link. We shall not be held responsible for any damage of any kind whatsoever incurred or suffered, related to the use of, or the inability to access or use the content or the website or any functionality thereof, or of any linked website, even if we are expressly advised thereof.

It is your sole responsibility to satisfy yourself that the service available from and through the website will meet your requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on this site should not be regarded as professional advice, nor are they necessarily endorsed by us. You are advised to consult independent professional advisors before relying upon any information, ideas or opinions expressed on the website.

SERVICE CONTACT : admin@mydivealbum.com

TERMINATION/ACCESS RESTRICTION

MyDiveAlbum reserves the right, in its sole discretion, to terminate your access to the MyDiveAlbum Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the MyDiveAlbum Web Site. Use of the MyDiveAlbum Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MyDiveAlbum as a result of this agreement or use of the MyDiveAlbum Web Site. MyDiveAlbum's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MyDiveAlbum's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MyDiveAlbum Web Site or information provided to or gathered by MyDiveAlbum with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless specified herein, this agreement constitutes the entire agreement between the user and MyDiveAlbum with respect to the MyDiveAlbum Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MyDiveAlbum with respect to the MyDiveAlbum Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as MyDiveAlbum business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the MyDiveAlbum Web Site are: Copyright © 2008 MyDiveAlbum and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

GOVERNING LAW

This website is controlled, operated and administered by us from offices in the United Kingdom. Access to the website from countries where the content is illegal is prohibited. You may not use this website in violation of United Kingdom law. If you access this website from locations outside of the United Kingdom, you are responsible to ensure compliance with all local laws. These terms and conditions shall be governed by the laws of the United Kingdom. It is agreed that any agreement between you and us was concluded at London, United Kingdom.

PRIVACY

Our privacy policy applies.

SECURITY POLICY

If you deliver or attempt to deliver any damaging code to the website, or gain or attempt to gain unauthorized access to any page on the website, you shall be prosecuted and held liable for our damages consequent thereupon.

You agree and warrant that any log-in name and password made available to you shall be used for your personal use only, and will not be disclosed to any third party.

We are entitled to take any steps which are, in our opinion, necessary to ensure the integrity and security of the website and back-office applications.

Credit card transactions (other than South Africa) will be acquired for MyDiveAlbum via Paypal who are the approved payment gateway. Paypal uses the strictest form of encryption, namely Secure Socket Layer 3.0 (SSL3.0) and no credit card details are stored on the website. Users may go to www.paypal.co.uk to view their security policy.

Credit card transactions for the South African community will be acquired for MyDiveAlbum via Netcash (Pty) who uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to http://www.netcash.co.za/ to view their security certificate and security policy. Customer details will be stored by MyDiveAlbum separately from card details which are entered by the client on Netcash secure site. For more detail on Netcash refer to www.netcash.co.za

DISPUTES

In the event of a breach by either party, the aggrieved party shall give the party in breach written notice of the breach, coupled with a demand that the breach be rectified within a period of seven (7) days of receipt of the notice. If the party in breach remains in breach after the expiry of such period, then the aggrieved party can elect at its discretion, to cancel the agreement and claim damages from the party in breach, or to seek an order for specific performance against the party in breach. Such an election will be made without derogating from any other rights which the aggrieved party may have in law against the party in breach.

The parties agree that they shall refer any disputes which arise out of the agreement or any breach or cancellation thereof for confidential arbitration to the Chartered Institute of Arbitrators in the United Kingdom.

The arbitration shall be conducted in London and in English.

GENERAL

If any of the provisions of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible so as to give effect to the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.

These terms and conditions, together with any terms incorporated by express reference, constitute the entire agreement between you and us with regard to the use of the website and content.

We may assign all or a part of our rights or duties. You may not do so.

Any failure by us to exercise, or delay in exercising, any right, power or privilege shall not in any circumstances operate as a waiver thereof nor prejudice our rights to take subsequent action.

Should we institute action against you pursuant to a breach by you, then without prejudice to any other rights which we may have, we shall be entitled to recover all legal costs incurred by us on an attorney and client scale, tracing fees and collection commissions, from you.