Terms and Conditions
Description of Service
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and other forms (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or di-ve.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, di-ve.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), and if appropriate take any legal action as may be pertinent at Law.
User Account and Password
Upon completing the Service's registration process you will be asked to choose a user name and password.. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify di-ve.com of any unauthorized use of your password or account or any other breach of security. di-ve.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Term.
Content Linked to di-ve.com
di-ve.com may link you to sites containing information that some people may find inappropriate or offensive. di-ve.com makes no representations concerning any effort to review the content of any of the sites listed in Web Links Directory, articles or other directories, or of any of the sites otherwise linked to the di-ve.com web sites. di-ve.com shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in di-ve.com Web Directory or otherwise linked to the di-ve.com web sites or provided to the di-ve.com sites by third parties, or for the content or links received via e-mail on your di-ve.com account or any material or content posted in the chat and forum areas. Should you for any reason however find any of links, material or content on di-ve.com offensive please do not hesitate to inform us by sending mail to email@example.com.
You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) in a forum, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.
In consideration of your use of the Service, you agree to only use the Service for lawful purposes. You also specifically agree that:
you shall not (or authorize or permit any other party to) use the Service to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, harmful to minors, in breach of any intellectual property right (including copyright), or otherwise unlawful;
impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters,"pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
you shall not knowingly or recklessly transmit any electronic material (including viruses) through the Service which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by di-ve.com or other Internet users;
your account is to be used by a single user only and that you will not allow simultaneous access using the same log-in;
as the registered user of the account you are responsible for your account and you will keep the username and password secure and not let them become public knowledge and that the password will not be stored anywhere on a computer in plain text;
if the password becomes known to any other unauthorized user you will inform di-ve.com immediately;
you shall ensure that you exit from your email, chat or forums account at the end of each session;
you shall not collect or store personal data about other users;
any breach of these obligations shall entitle di-ve.com to immediately terminate your Service without notice.
Any attempt on your part to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of di-ve.com or of any computer system or network that is accessed via di-ve.com's communication services, will result in the immediate suspension of your Services. These unauthorised activities include, but are not limited to: guessing at or using passwords other than your own, sharing your own password(s) and account(s) with others not authorised by di-ve.com to use said password(s) and account(s), accessing or attempting to access information that does not have public access permissions.
Disclaimer of Warranties
di-ve.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the Products and Services. di-ve.com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information, e-mail or material. di-ve.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Products and Services.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DI-VE.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, DI-VE.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. DI-VE.COM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DI-VE.COM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF DI-VE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DI-VE.COM NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Under no circumstances shall di-ve.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Copyright, Trademark, and Patent Notices
di-ve, di-ve.com and di-ve shop are registered trademarks of Digital Interactive Ltd. Any use of these marks without the express written consent of di-ve.com, is strictly prohibited.
All rights, including copyright, in the content of www.di-ve.com are owned or controlled for these purposes by di-ve.com. In accessing the di-ve.com's web pages, you agree that you may only download the content for your own personal non-commercial use.
You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of these web pages for any other purpose whatsoever without the prior written permission of the di-ve.com.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
All legal issues arising from or related to the use of di-ve.com and related services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Malta.
Certain material available on the Internet is not appropriate for minors, and di-ve.com has created certain areas on the Service that may contain adult or mature content. For this reason, parents who wish to allow their children access to the Service should assist them in accessing the Service and supervise their access to the Service. By allowing your child access to the Service, they will be able to access all of the Services including, content, email, message boards, chat and others content. The Service is designed to appeal to a broad audience, accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or content are appropriate for your child.
To prevent or limit your children's access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available.
Dealings with Advertisers and Merchants
Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants 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 or merchant. To the fullest extent permitted by law, you agree that di-ve.com shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service, and you agree that any order placed by you on, and any product specifications and product availability appearing on, the Service are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant.
Indemnity and Release
By using the di-ve.com web sites you agree to indemnify di-ve.com and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including legal fees, arising from your use of the di-ve.com web sites. By using the di-ve.com sites you are hereby agreeing to release di-ve.com and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. You hereby agree to waive all laws that may limit the efficacy of such releases.
Use and Storage
You acknowledge that di-ve.com. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on di-ve.com.'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that di-ve.com. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that di-ve.com. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that di-ve.com. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Currently, the maximum diskspace alloted on di-ve.com's servers for email is 20,000 kbytes and if your di-ve.com email account has not been used for more than 180 days it will be cleared and any emails sent to this email account will be discarded.
Modifications to Service
di-ve.com. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that di-ve.com. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.