Terms of Use for the website “Life is Dive”
Welcome to the website “Life is Dive”, an Internet resource, devoted to scuba-diving and travelling, which helps you:
to search for dive-centers all over the world and book their services;
to find a diving instructor, book and pay for their services;
to keep in touch with your old and new friends;
to plan your travels. “Life is Dive” (http://lifeisdive.com) is a net project uniting people who love travelling and diving. Life is Dive Company grants you access to using the site Lifeisdive.com and its functionality under the terms, described in the Terms of Use for the website “Life is Dive”, viewed by the company Life is Dive as a public offer.
1. Terminology used in these Terms of Use for the website “Life is Dive”
1.1 The website Life is Dive (or the Site) is an Internet resource, consisting of (a) software for ECM (program codes, executed by ECM) and (b) information (Content), published by the company Life is Dive and/or the users. The site is placed in the information system, providing access to this information in the Internet at network address (domain name): http:// lifeisdive.com (including all the levels of this domain both functioning on the date of accepting Terms of Use by the User and put in service during all the validity period).
1.2.Additional functionality of the Site – program codes, executed by ECM of the Site and performing certain additional functions of the Site. List of elements, compiling Additional functionality of the Site, as well as the terms under which the company Life is Dive gives to the User the right of use, are defined in the license agreement, current edition of which is available free in the Internet at address: http:// lifeisdive.com/licence. The license agreement is an adhesion contract and is concluded between Life is Dive Company and User in a fast-track procedure.
1.3.Special Sections of the Site are sections available to the Users with particular legal status. Conditions of using special sections of the Site are regulated by separate terms and conditions.
2. Status of Terms of Use for the Site
2.1 These Terms of Use for the Site (hereinafter called to as the Terms of Use) are devised by Life is Dive Company and define the terms of using and developing the Site, as well as the rights and duties of its Users and the company Life is Dive. The Terms of Use are also applied to the issues connected with rights and interests of third parties who are not users of the Site but whose rights and interests can be affected as a result of actions of the Site users.
2.2 These Terms of Use are a legally binding agreement between the User and the company Life is Dive, according to which the company Life is Dive grants to the User access to the Site and its functionality. Besides these Terms of Use the agreement between the User and the company Life is Dive includes all the special documents regulating the access grant to using special functionality, including Additional functionality placed in respective sections of the Site.
2.3 The User shall get aware of these Terms of Use before the registration on the Site. The registration on the Site implies complete and unconditional acceptance of the Terms of Use by the User.
2.4 The Terms of Use can be changed and/or complemented by Life is Dive Company on an ex parte basis without any special notice. These Terms of Use are an open and public document. The current edition of the Terms of Use is placed in the Internet at address http://lifeisdive.com/terms. The company Life is Dive recommends their customers to check regularly the conditions of these Terms of Use for the purpose of their change and/or complementation. The using of the Site after the change and/or complementation of the Terms of Use means the acceptance of these changes and/or complementation by the User.
3. Status of the Site
3.1 The right on the Site in whole and on the usage of the internet address (domain name) http://lifeisdive.com belongs to the company Life is Dive, which grants the access to the Site to all parties in interest according to the Terms of Use and the legislation in power.
3.2 The Terms of Use define the conditions according to which the right to use information and intellectual property (including but not limited literature, music, audiovisual works and phonograms, works of graphic and design, photographs, programs for ECM) which composes separate sections of the Site may belong to Users of the Site and other individuals who create and/or place the named objects on the Site by themselves without direct participation of the Company Life is Dive.
4. Registration on the Site and User status
4.1 The Registration of a user on the Site is free, voluntary and is done at address: http://lifeisdive.com
4.2 The User of the Site is an individual, registered on the Site according to conditions defined by the Terms of Use, who has reached the minimum age for acceptance of the Terms of Use according to the legislation of their state and possesses necessary authorities (hereinafter called to as the User).
4.3 While registering on the Site the User should provide necessary true and relevant information for creating his or her personal page, including unique for each User login (a combination of Latin letters and numbers used for entering the Site), e-mail address and password, as well as first and last name of the User. The Register form of the Site can request some additional information from the User.
4.3.1 The User can not use for the login words and proper names the usage of which is prohibited in accordance with the Terms of Use and international legal act, including but not limited vulgar language, names, registered as trademarks, commercial and firm names unless the User has exclusive rights on their use. In the event of any violations of these conditions the company Life is Dive can prohibit the User to use his or her login, and, if applicable, can transfer the right to use "to whom it may concern" (a representative of the rightholder). The User can register no more than one personal page on the Site.
4.4 The User is responsible for credibility, topicality, completeness and statutory compliance of the information provided while registering on the Site, as well as absence of claims from third parties.
4.5 After providing the information defined in 5.3 of the Terms of Use the User should undergo a range of certificating procedures that is to confirm the registration by activation of his or her personal page via a message sent by the company Life is Dive to the e-mail of the User. In the event of successful fulfillment of all registration requirements the personal page of the user is created on the Site.
4.6 While registering on the Site the User agrees with these Terms of Use and accepts the described terms and conditions, related to the usage and functioning of the Site. The User gets full access to the Site’s functionality, with the exception of the Additional functionality and special sections of the Site. The right to use Additional functionality of the Site is given to the User if he or she accepts additional terms of the license agreement (refer to 1.2. of the Terms of Use). The User gets the right to use special sections of the Site if he or she verifies the necessary data
4.7 After successful registration on the Site, the company Life is Dive assumes rights and responsibility towards the User, defined in the Terms of Use.
4.8 The login and password chosen by the User are necessary and sufficient tool for entering the Site. The User should not transfer his or her login and password to third parties and is fully responsible for their safety, choosing the way of the preservation by himself or herself. The User can allow preserving his or her login and password on his or her hardware and software (with the help of cookies) for automatic authorization on the Site.
4.9 Unless the contrary is proved, any actions with the login and password of the User are considered to be done by the User himself or herself. In the event of unauthorized access to the login and password and/or the personal page of the User, or the leak of the password and login, the User should immediately inform the company Life is Dive about such incident in accordance with the established procedure.
4.10 After registering on the Site the User obtains the right to create, use and define the content of his or her personal page and the conditions of other Users’ access to it, independently and for his or her personal non-commercial advantage. The User also gets the opportunity to visit other Users’pages, to publish some information there (provided the formal agreement of the host), and to use social widgets of Life is Dive without additional authorization. When the User uses social widgets of other sites, these sites do not get the information about the login and password of the User, as well as his or her personal data protected by privacy policy of the Site.
4.11 The User as the owner of the information, placed on his or her personal page, is aware that, except in the cases defined by the Terms of Use, the company Life is Dive does not participate in forming and using the content of the personal page of the User and does not controll the access of other users to it.
5 Responsibilities of the User
5.1 While using the Site the User should:
comply with the provisions of the current legislation, international legislation acts, the Terms of Use and other special documents of the Company Life is Dive;
provide true, complete and valid data while registering and thereafter maintain its validity;
inform the company Life is Dive about unauthorized access to the personal page and/or unauthorized usage of the login and password of the User;
not give access to his or her personal page or its content to third parties if it can lead to the violation of legislation and/or international legislation acts, the Terms of Use and other special documents of the Company Life is Dive;
not publish information and objects (including the links to them) that can violate rights and interests of other people on his or her page;
evaluate the legitimacy of information and objects (including but not limited other people’s images, other people’s texts of any content, audio and video files) before publishing it;
keep in secret and not transfer to other users and third parties personal data (including but not limited home addresses, phone numbers, e-mail addresses, ICQ, passport data and banking data) and information about private life of other users and third parties (unless they give their personal agreement to this) that came to his or her knowledge as a result of communication with other users and other usage of the Site;
make reserve copies of any important information kept on his or her personal page.
5.2 In the event of doubts in legitimacy of any actions, including publishing information or giving access, the company Life is Dive recommends abstaining from them.
5.3 While using the Site the User is not allowed:
5.3.1 To register on behalf of another person (“false account”) or register a group (company) of people or juridical entity as a User. However a person can register on behalf of another individual or juridical entity in case of obtaining requisite powers in accordance with the current legislation;
5.3.2 To misinform other users about the User’s personality, using the login and password of other user;
5.3.3 To pervert the data about himself or herself, his or her age or his or her relations with other people or organizations;
5.3.4 To download, keep, publish, share and give access to or to use any information which:
a) Contains threats, discredits, insults, discredits honor, dignity and business reputation or infringes inviolability of private life of other Users or third parties;
b) Violates rights of underage people;
c) Is vulgar or obscene, contains pornographic images and texts or sexual scenes with the involvement of minors;
d) Contains scenes of inhumane treatment of animals;
e) Contains descriptions of ways and methods of suicide, any incitement to it;
f) Propagandizes and/or promotes stirring of racial, religious or ethnic hatred or animosity, propagandizes fascism or ideology of racial interference;
g) Contains extremist materials;
h) Propagandizes criminal activity or gives advice, instructions or guides on criminal activity;
i) Contains confidential information, including but not limited state secrets and commercial secrets, information about private life of third parties;
j) Contains advertisement or describes attractiveness of drug use, including “digital drugs” (audio files, influencing human brain due to binaural rhythms), information about distribution of drugs, recipes of drugs and advice how to take drugs;
k) Is of fraudulent nature;
l) Violates other rights and interests of individuals and juridical entities or legislative requirements.
5.3.5 To download, keep, publish, share and give access to or someway use any intellectual property of users or third parties;
5.3.6. To spam other users without their permission;
5.3.7 To use software and do things pointed at functional failure of the Site or personal pages of the users;
5.3.8 To download, keep, publish, share and give access to or someway use any Trojans, viruses or other malicious software;
5.3.9 To use automatized scripts (programs) for collection of information on the Site and/or interaction with the Site and its functionality without special permission of Life is Dive;
5.3.10 To try to get access to the login and password of other Users by any way, including but not limited by false pretences, betrayal of trust or cracking;
5.3.11 To collect and process personal data of other users illegally;
5.3.12 To use the Site by any other way but via the interface provided by the company Life is Dive, except the cases when such actions were directly allowed to the User according to the separate agreement with the company Life is Dive;
5.3.13 To reproduce, replicate, copy, sell, carry out trade operations and resell the access to the Site, including its Additional functional for any purposes except the cases when such actions were directly allowed to the User according to the separate agreement with the company Life is Dive;
5.3.14 To place commercial and political advertising outside special sections of the Site, defined by the company Life is Dive;
5.3.15 To place any other information which is unwelcome, does not correspond with the aims of the Site, affects interests of the Users or is undesirable in any sense in the opinion of the company Life is Dive;
5.3.16 To perform mass same-type actions directed to artificial boost of instrumentation indications of the Site (number of friends, marks “I like”, events “Tell friends” and so on) independently or on behalf of other users, using functional of their accounts, including use of any programs or automatized scripts;
5.4 The User is personally responsible for any information he or she places on the Site, transfers to other users and for any interactions with other users performed at his or her own peril and risk.
5.5 In the event of disagreement with the Terms of Use or their upgrades the User should omit its usage, having informed the company Life is Dive in accordance with the established procedure.
6 Terms connected with intellectual rights
6.1 Exclusive rights on the Content of the Site.
6.1.1 All the objects placed on the Site, including elements of design, text, graphics, illustrations, video, scripts, programs, music, sounds and other objects and their collations (thereinafter the Content) are items of exclusive rights of the company Life is Dive, users of the Site and other rightholders, all the rights are reserved.
6.1.2 Except the cases defined by the Terms of Use and the current legislation, no Content can be copied (reproduced), processed, spread, shown in the frame, published, downloaded, transferred, sold or used in any other way in the whole or by parts without the advance permission of the rightholder except the cases when the rightholder explicitly expresses his or her consent on free usage of the Content by any person.
6.1.3 The User, by placing legally belonging to them Content on the Site, gives to other users nonexclusive rights to use it by watching, reproduction (including copying), processing (including printing of copies) and other rights exclusively for personal non-commercial usage, except the cases when such usage does or may do harm to legally protected interests of the rightholder.
6.1.4 The User can use the Content available only for personal non-commercial use only providing the reservation of copyright or other notifications about authorship, preservation of the author’s name unchanged.
6.1.5 The User also provides the company Life is Dive with nonexclusive right to use the placed on the Site and legally belonging to it Content free of charge in order to support functioning of the Site in the volume defined by the functionality and architecture of the Site. This nonexclusive right is given since the placing the Content on the Site for an indefinite term and includes the right to process the Content by placing and for future demonstration along with the Content and/or the usage of advertising Content and is applied throughout the world. The Company Life is Dive can transfer the rights defined in this paragraph to third parties.
6.1.6 Besides their own Content the User can not download or otherwise make publicly available (publish on the Site) the Content of other sites, databases and other intellectual property without explicitly expressed consent of the rightholder.
6.1.7 Any use of the Site or the Content except allowed in the Terms of Use or in the event of explicitly expressed consent of the rightholder, is strongly prohibited.
6.1.8 Except as otherwise explicitly provided in the Terms of Use, nothing in the Terms of Use can be viewed as the transfer of exclusive rights on the Content.
6.2 Responsibility for the violation of exclusive rights.
6.2.1The User is personally responsible for any Content or any other information uploaded or someway published on the Site or via the Site. The User has no right to upload, transfer or publish Content on the Site unless he or she possesses necessary rights to do so gained or transferred to him or her according to the legislation.
6.2.2 The Company Life is Dive can but does not have to check the Site for presence of prohibited Content and can delete or remove (without warning) any Content or users at its own and sole discretion, for any reason or without one, including unlimited deleting or removing of the Content which in the opinion of the company Life is Dive violates the Terms of Use, legislation and/or can violate the rights, do harm or threaten safety of other users or third parties.
6.3. Sites and Content of third parties.
6.3.1 The Site contains (or can contain) links to other web-sites (sites of third parties)as well as articles, photographs, illustrations, graphic images, music, sounds, video, information, applications, programs and other Content, belonging or coming from third parties (Content of third parties), which is intellectual property and is protected according to the legislation.
6.3.2 The defined third parties and their Content are not examined by the company Life is Dive for compliance with some or other demands (truthfulness, completeness, fairness and so on). The Company Life is Dive is not responsible for any information placed on the sites of third parties, available to the User via the Site or the Content of third parties, including any opinions or statements, expressed on the sites of third parties or in their Content.
6.3.3 Links or guides on downloading files or setting programs of third parties placed on the Site do not mean that the company Life is Dive supports or approves these actions.
6.3.4 Link to any site, product, service, any information of commercial or non-commercial nature, placed on the Site is not an approval or recommendation of these products (services) given by the company Life is Dive.
6.3.5 If the User decides to leave the Site for sites of third parties or set programs of third parties, he or she does it at his or her own risk, and since that moment the AUP do not applied to the User. The further actions of the User should be guided by the applied norms and policy as well as business customs of those whose Content he or she is going to use.
7. Functioning of the Site and responsible use of it
7.1 The Users are responsible for their actions connected with creation of information and placing it on their personal page on the Site, as well as for the actions connected with placing information on other users’ personal pages and sections of the Site according to the current legislation. Violation of the Terms of Use and the current legislation entails civil, administrative and criminal liability.
7.2 The company Life is Dive provides technical opportunity of using the Site, does not participate in forming the Content of personal pages of users, does not control and is not responsible for actions or non-action of any individuals connected with usage of the Site or forming and using the Content of personal pages on the Site.
7.3 In the information system of the Site and its software there are no technical solutions for automated censorship and control over actions and information relations of users connected with usage of the Site, except special technical solutions which can be implemented by the company Life is Dive in order to prevent and suppress abuse of the rights of third parties on intellectual property.
7.4 The company Life is Dive reserves the right to change the style of the Site, its Content, functional, as well as to change or complement the scripts, software and other objects used or kept on the Site, and any server applications at any time with prior notice or without it.
7.5 The company Life is Dive does not practice primary moderation or censoring information of the users, takes measures to defend rights and interests of individuals and to provide compliance with the requirements of the current legislation only after the party in interest addresses the company Life is Dive in accordance with the established procedure.
7.6 The company Life is Dive is not responsible for violation of the Terms of Use by the User and reserves the right to change (moderate) or delete any information published by the User if it violates the Terms of Use (including personal messages), suspend, limit or close the User’s access to all or any of the sections of the Site or its functionality at any time and for any reason or without giving any reason with prior notice or without it, at its own discretion as well as after being informed by other users or third parties about the violation of the Terms of Use by the User. The company Life is Dive reserves the right to delete the User’s personal page and/or suspend, limit or close the User’s access to any functional capacity of the Site if the company Life is Dive discloses that in its opinion the User threatens the Site and/or its users. The company Life is Dive implements the described measures according to the current legislation and is not responsible for possible negative implications of such measures for the User or third parties.
7.7 Deletion of the User’s personal page implies automatic deletion of all the information placed there as well as all the information input by the User while registering on the Site. After the deletion of his or her personal page the User loses access to the Site.
7.8 The company Life is Dive provides functionality of the Site and agrees that it will quickly restore its functionality in case of technical deficiencies and breaks. The company Life is Dive is not liable for temporary deficiencies and breaks in the Site’s work and for information loss they may involve. The company Life is Dive is not liable for any damages to the computer of the User or other individual, as well as mobile gadgets, any other equipment or software, caused by or connected with downloading information from the Site or via the links published on the Site.
7.9 The company Life is Dive has the right to administer statistics information connected with functioning of the Site, as well as information of the Users in order to provide targeted demonstration of promotional information to various audience of the Site. In order to organize functioning and technical support of the Site, as well as obeying the Terms of Use, the company Life is Dive has technical possibility of access to personal pages of the Users, fulfilled only in the situations defined by the Terms of Use.
7.10 The company Life is Dive has the right to inform the User about the development of the Site and its functional, and to promote the company’s activity.
7.11 Limits of liability of the company Life is Dive:
7.11.1 The Site and its functional, including all the scripts, applications, content and style of the Site are provided as they are. The company Life is Dive rejects to guarantee that the Site and its functional will or will not suit particular destinations. The company Life is Dive cannot guarantee any specific results of using the Site and/or its functional.
7.11.2 For the avoidance of doubt the User should observe precautions while downloading any files from the Site or via the links placed on the Site, and while using any files including software.The company Life and Dive strongly recommends using only licensed software including antivirus programs.
7.11.3 Using the Site the User agrees that he or she download any materials from the Site or with the help of it at his or her own peril and risk and is personally responsible for probable consequences of using these materials, including damage it can cause to the computer of the User or third parties, information loss or any other harm.
7.11.4 Under no circumstances the company Life is Dive or its representatives are liable to the User or any other third parties for any indirect, accidental, unintentional damage, including loss of expected gain or information lost, discredit on honor, dignity and business reputation related to the usage of the Site, its Content or other materials access to which was granted by the Site even if the company Life is Dive warned or informed about the future wrong.
8 Final clauses
8.1 The Terms of Use is an agreement between the User and the company Life is Dive about arrangements for using the Site and its functionality, and it supersedes all the previous agreements between the User and the company Life is Dive.
8.2 The Terms of Use are regulated and interpreted according to the legislation of Great Britain. Issues, not regulated by the Terms of Use, are subject to settlement in accordance with the legislation of Great Britain.
8.3 If any arguments or disagreements connected with the fulfillment of the Terms of Use arise, the User and the company Life is Dive will exercise best efforts to settle them through a diplomatic bargain. If the arguments are not solved through a diplomatic bargain, they are subject to settlement in accordance with the current legislation.
8.4 The Terms of Use come into effect for the User since the moment of the registration on the Site and is valid during indefinite period.
8.5 The Terms of Use are made up in English and can be translated in other language for the User. If there is any conflict between the English text and texts in other language, the English text shall prevail.
8.6 If, for one reason or another, one or several terms of the Terms of Use are declared invalid or having no legal force, it shall not influence validity or applicability of other terms of the Terms of Use.
Life is Dive Ltd.