1. COPYRIGHT
All Website design, text, graphics, photographs and the selection and arrangement thereof, and all source code and all other material on this Website are copyright DIVE Magazine or its content providers, unless otherwise expressly indicated. All rights reserved. You are permitted to print or download extracts from this material for your personal use only. None of this material may be used for any commercial or public use. No part of the Website or any material appearing on the Website may be reproduced or stored in or transmitted to any other website. No material appearing on the Website may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of DIVE Magazine. Any other use of the material and content of the Website is strictly prohibited. You agree that you will not (and will not assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
2. CONTENT SUBMITTED TO THE WEBSITE
You acknowledge that DIVE Magazine does not always monitor Content (as defined below) submitted by users, but that DIVE Magazine shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Website. Without limiting the foregoing, DIVE Magazine shall have the right to remove any Content that violates the Terms and Conditions of Use or is in any other way inappropriate or objectionable. 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 may not submit third party proprietary information to DIVE Magazine without first obtaining permission from the owner. Any Content provided by you by, for example, posting messages to bulletin boards or chat forums, uploading files, inputting data, or engaging in any other form of communication through this Website, although owned by you, is subject to a royalty-free, perpetual, non-exclusive, unrestricted, worldwide licence allowing DIVE Magazine to use, distribute, copy, sub-license, adapt, transmit, publicly perform or display any such content. You agree to irrevocably and unconditionally waive on your behalf in perpetuity in respect of such Content the benefit of any provision of law known as moral rights of authors or any similar law in any country.
3. LINK TO THIRD PARTIES
This Website may contain links to websites operated by parties other than DIVE Magazine. Such links are provided for your convenience only. DIVE Magazine does not control such websites, and is not responsible for their contents. DIVE Magazine’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. For example, users may be able to buy goods and services via the Website, some of which may be through third party retailers who link to the Website. Users may also enter into correspondence with or participate in promotions of advertisers on the Website. DIVE Magazine in no way endorses these third parties and any such transactions, dealings, correspondence with or participation in promotions of, third parties, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the corresponding user and the third party. DIVE Magazine assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.
4. MEMBER CONDUCT
You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not DIVE Magazine, are entirely responsible for all Content that you upload to, post on or otherwise transmit via this Website. DIVE Magazine does not control all the Content posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable.
You further understand that this Website contains or will contain bulletin boards, chat areas, review sections and other interactive areas, and you agree to use the Website in a way that is proper and related to the Website. For example, you agree that when using the Website you will not:
# Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, or invasive of another’s privacy.
# Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or any Content (or use the Website in any manner) which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).
# Upload, post or otherwise transmit any Content that contains any patent, trademark, copyright or other intellectual property rights of any party, unless you own or control the rights thereto or have received all necessary permissions.
# Upload, post or otherwise transmit any material that contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of DIVE Magazine’s Site or any servers or networks connected to DIVE Magazine or another’s computer, or any chain letters, pyramid-selling schemes, bulk mail or mails bombs or other such programs.
# Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
# Restrict or in any way inhibit any other user from using the Website.
# Use the Website in a manner that is inconsistent with these Terms and Conditions and/or not in accordance with all relevant laws and regulations or for any illegal purpose.
5. DIVE MAGAZINE PRIVACY POLICY
Pursuant to DIVE Magazine’s privacy policy, we may disclose to third parties certain aggregate information collected from you when you register or while you use the Website, provided that such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time. You should be aware that if DIVE Magazine is requested by the police or any regulatory or governmental authority investigating suspected illegal actives, or upon receipt of a court order, to provide any personally identifying information or the contents of any email and/or information concerning your activities whilst using the Website, DIVE Magazine shall do so. Also, DIVE Magazine reserves the right to disclose personally identifying information to third parties where a complaint arises concerning your use of the Website, and that use is deemed by DIVE Magazine to be inconsistent with these Terms and Conditions. For more information, please see our full privacy policy linked below. You agree that you do not object to DIVE Magazine or such third parties contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
6. DISCLAIMER / LIABILITY
Use of the Website and the facilities thereon, and any material or information obtained from this Website is at your own risk, and DIVE Magazine hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, expressed or implied, of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement. In addition, DIVE Magazine shall not be responsible for the failure of performance of this Website and/or the software used thereon; the loss of data or services resulting from delays, non-deliveries, or service interruption; the accuracy, quality or nature of information obtained through its services; nor the consequences arising from or related to any viruses transmitted through its servers, or any liability, costs, loss of profits or consequential losses arising from your use of, or inability to access this Website. In relation to Content uploaded by users, DIVE Magazine shall not be responsible for any such Content posted by users in chat rooms or other community areas. All such Content whether expressed as opinions, statements or recommendations, are those of users expressing such views and are not those of DIVE Magazine. Notwithstanding any other provision in these Terms and Conditions, nothing herein shall limit your rights as a consumer under English law. DIVE Magazine will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website, or products or services offered on the Website, whether by DIVE Magazine or on its behalf, for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special or indirect or consequential losses;
in any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred. Nothing in these Terms and Conditions shall exclude or limit DIVE Magazine’s liability for death or personal injury resulting from the negligence of DIVE Magazine or that of its servants, agents or employees. You agree to indemnify DIVE Magazine in respect of any liability or any costs, loss of profits, loss of data, or consequential losses arising from a breach by you of any of the terms of this agreement, or arising out of your use of the DIVE Magazine Site.
7. ACCESS RESTRICTION
DIVE Magazine reserves the right to deny in its sole discretion any user access to this Website, or any portion thereof, without notice. DIVE Magazine also reserves the right to remove any Content that it deems in its sole discretion to be unacceptable, undesirable or in violation of these Terms and Conditions.
8. ONLINE COMPETITIONS
The rules set out below (“Competition Rules”) apply to each competition DIVE Magazine runs on its Site (“Competition”). By participating in each Competition the user as an entrant agrees to be bound by the Competition Rules (and any other rules which DIVE Magazine tell you apply to the Competition) and by the decisions of DIVE Magazine, which are final in all matters relating to the Competition. No correspondence will be entered into and DIVE Magazine reserves the right to disqualify any entrant and/or winner in its absolute discretion.
No purchase is necessary to enter a Competition. All prizes are non-transferable and no cash or credit alternatives will be offered. Arrangements for the fulfilment of prizes may be made by a third party sponsor. DIVE Magazine reserves the right in its sole discretion to substitute any and all prizes with prizes of comparable value. All entries must be received by the deadline for that Competition and late or incomplete entries will be disqualified. By you entering a Competition, if you are a winner, you grant DIVE Magazine permission to use your name and likeness for advertising and future promotional purposes.
By you entering a Competition you:
(a) acknowledge that DIVE Magazine may use such creative material for publication and promoting further competitions without further payment to you;
(b) warrant to DIVE Magazine that such creative material is wholly original to you (in the sense of not being copied), does not libel, defame, cause injury to, or invade the privacy of or otherwise infringe or violate the rights of any third party and the use of such creative material by DIVE Magazine will not infringe the rights of any third party; and
(c) consent to DIVE Magazine passing your name and address to any third party to deliver the prize or prizes to you.
Winner(s) will be notified by telephone or e-mail as soon as possible after the Competition draw/decision. If you are a winner, you may have to complete additional legal documents and return them to DIVE Magazine within three working days of receipt from DIVE Magazine. Non-compliance or notification returned as undeliverable as addressed will result in your disqualification as a winner and an alternative winner will be selected. The receipt, by you if you are a winner, of any prize is conditional upon compliance of any and all laws, rules and regulations including, without limitation, the Competition Rules and any further rules relating to such Competition as DIVE Magazine may impose. Winners are solely responsible for all insurance, applicable taxes and for any expenses not specified in the prize description including those associated incidental expenses associated with claiming the prize.
DIVE Magazine reserves the right to implement age requirements or other eligibility criteria where necessary. Competitions are not open to the employees of DIVE Magazine or those of affiliated companies and subsidiaries, nor to any sponsors, nor to the immediate families of such employees or sponsors. Winner(s) of the Competitions agree that neither DIVE Magazine nor its employees or any sponsors shall have any liability in connection with the acceptance or use of any of the prizes awarded herein. No responsibility can be accepted for entries lost of delayed in transmission or for damage or loss resulting from misdirected or incomplete entries arising from transmission and/or computer malfunctions, viruses, bugs or other similar causes.
9. GENERAL
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and DIVE Magazine concerning your use of the Website and supersedes any previous arrangement, agreement, undertaking or proposal, written or oral between you and DIVE Magazine in relation to such matters. No oral explanation or oral information given by either party shall alter the interpretation of these Terms and Conditions. You confirm that in agreeing to accept these Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms and Conditions save that your agreement contained in this paragraph shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Terms and Conditions. These Terms and Conditions of Use shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts. If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. DIVE Magazine’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DIVE Magazine in writing. Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and DIVE Magazine.
