Welcome to our web site at ReefDivers.com. By using this website, you agree to be bound to the following Disclaimers and Terms and Conditions, as well as the Terms and Conditions of our partners. Please be aware that these Disclaimers and Terms and Conditions may be revised from time to time, without prior notice. Such revisions shall be effective immediately.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Disclaimer:
THE CONTENT OF THIS WEBSITE IS INTENDED AS ENTERTAINMENT ONLY. NOTHING ON THIS WEBSITE SHOULD BE CONSIDERED TO BE PROFESSIONAL DIVING INSTRUCTION OR MEDICAL ADVICE. IF YOU NEED DIVING TRAINING OR MEDICAL ADVICE, REFER TO A QUALIFIED PROFESSIONAL.
Your use of this website is entirely at your own risk. We do not warrant or represent that any material presented on this website is accurate, error-free, truthful or reliable, or that your use of such material will not infringe rights of third parties. We do not warrant that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses or other harmful components. If your use of this website, or use of information presented on this website, results in any harm, damage, loss, or the need for servicing or replacing property, material, equipment or data, we are not responsible for those or any associated costs.
EVERYTHING ON THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED -- INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION CONTAINED ON THIS WEBSITE, NOR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, NOR RESULTS TO BE OBTAINED FROM USING THE WEBSITE OR SERVICES OFFERED THROUGH OR BY THIS WEBSITE.
Our partners may place advertisements, solicitations and other marketing material on this website. We DO NOT make any representations about the quality, effectiveness or safety of any product, services, facility, information or other material presented on, referred to, purchased through or otherwise obtained by the use of this website. BUYER BEWARE!
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY AND ALL DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER ANY AND ALL CIRCUMSTANCES.
Use of Materials on this Website
This website is maintained for personal entertainment, information, education, and communication. Use of this website is permitted only for personal, non-commercial purposes. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content from this website for any commercial purpose including using the material on any other website or in a networked computer environment or in a broswer frame. However, you may electronically copy or print pages from this website for personal non-commercial use, provided that you include our copyright notice on each page.
Your Submissions
We like to hear from you and may solicit your input through a variety of methods, including the use of feedback forms, comment submissions and email messages. Any creative or original material or any other suggestions, text, software, music, sound, photographs, graphics, videos, messages, ideas, notes, drawings, concepts, marketing plans or other information that you submit to us by any such electronic means or otherwise, will be treated in accordance with these Terms and Conditions and our Privacy Policy (below.)
By submitting and/or posting any material to this website or its owners/operators, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such material alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any material you transmit to us or post on this website may be used by us or licensed to others by us for any purpose including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.
As a user, you are responsible for any material or information that you present on this website, and are responsible for the consequences of presenting such material or information. We are not responsible nor endorse such user-posted or user-submitted material. You must not do the following things: post materials that are copyrighted, unless you are the copyright-owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post sexually-explicit images; post or transmit any advertisements, promotional materials, "junk mail," "spam," chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website.
We do not represent nor guarantee the truthfulness, accuracy, or reliability of any material posted by other users or advertisers, nor do we endorse any views, opinions or reviews presented on this website. You acknowledge that any reliance on material posted by other users will be at your own risk. We do not screen communications in advance and we are not responsible for screening or monitoring material posted by users. If we become aware of any communication that allegedly does not conform to these Terms and Conditions, we have the right but not the responsibility to investigate the communication and determine in good faith at our sole discretion whether to remove or request the removal of the communication. We have no liability or responsibility to you for performance or nonperformance of such activities. We have the right, but not the responsibility, to remove information from this site, expel users and prevent their further access to the website for violating these Terms and Conditions or the law. We have the right but not the duty to edit any material posted or otherwise provided by our users on this website, at our sole discretion.
External Links
We cannot and do not review all the external sites linked to or from our website, and are not responsible for the availability, accuracy, veracity or any other aspect of any external websites linked to or from this website. The inclusion of any link to external sites does not imply endorsement of the external sites. Follow links to any other pages or websites at your own risk. You agree we will not be liable for any loss or damages you or any other party may suffer in connection with such third-party pages or websites. We encourage you to read the privacy statements and the terms and conditions of all such external sites, as their policies may be materially different from ours.
Termination
You agree that we may terminate your use of this website if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or for any other reason or no reason at all, with or without any notice to you, and at our sole discretion. You agree we may modify or discontinue this website, with or without notice to you. You agree that we will not be liable to you or any third party as a result of such modification or discontinuation.
The provisions of this website, including the provisions on the "Use of Materials on this Website," "Your Submissions," "Disclaimer," "Limitation of Liability," "General Provisions," "Indemnity," "Trademarks" and "Copyright" will survive termination of this Agreement to use our website.
Other Provisions
You agree that all provisions of these Terms and Conditions will be interpretted in our favor to the maximum extent permissible by law. If any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in our favor in accordance with applicable laws to the greatest extent possible, and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Choice of Law
These terms will be governed by and construed in accordance with the laws of the state of New Jersey, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, this website or our other websites will be instituted in a courts the of the State of New Jersey, and you hereby agree to submit to the personal jurisdiction of such courts.
Indemnity
You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation, all reasonable legal and accounting fees, arising from use of this website or the content therein or your breach of these Terms and Conditions.
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered marks belonging to us and others. Nothing contained on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any mark displayed on this website without the written permission of mark owners. Your misuse of the marks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited.
Copyright
All material presented on this website, such as text, graphics, logos, button icons, images, audio clips and software, is our property or the propery of our content suppliers and protected by copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the content on this website is strictly prohibited.
Copyright Infringement
We respects the intellectual property rights of others. Accordingly, we have a policy of terminating in appropriate circumstances the account of any user who posts infringing material on our website. If any material that belongs to you is inadvertently presented on this site, we will promptly remove the material upon the receipt of your report pursuant to the Digital Millenium Copyright Act. Please send your report to us via email, with the necessary supporting material, at editor (at) caspica. com.
Passwords
You may receive a password in connection with your use of this website. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account.
Privacy Policy
By using this site, you consent to the collection and use of your information as described in this Privacy Policy. This policy may be amended at any time, without notice, and any changes will become effective immediately.
The personal information we collect
We may collect personal information necessary to respond to your requests for our customized products and services and to allow you to use the resources available on our website. Such personal information includes, but is not limited to, your name, physical address, email address, phone number, age and any other information that itself identifies or, when tied to such information, may identify you as a specific individual.
Cookies.
"Cookies" are small pieces of computer programming code that are stored by your web browser on your computer's hard drive. Cookies may be used on this site to help you to save and retrieve passwords and other information and preferences you use on our website, saving you from having to re-enter this information upon every visit to our website. Cookies may also be used by us to retrieve any personal information about you from your computer. Cookies may also be stored on your computer when you link to our partners' sites or when you view or click on advertisements served by our outside advertisers; we do not have control over how they use this information and disclaim to the maximum extent possible by law any responsibility for their use of your personal information. Please note that most web-browsers automatically accept cookies, but you can adjust your browser settings to block them in the future.
IP Addresses.
When you connect to our website, we record your IP addresses and information on the type of operating system (e.g. Windows98) and browser software (e.g. Microsoft Internet Explorer and Netscape) you are using, among other types of information. This helps us to diagnose problems with our servers and for system administration. Your IP address is also used to help gather aggregated demographic information.
Chat rooms, forums, message boards, and/or news groups.
We make chat rooms, forums, message boards, and/or news groups available to you. Please remember that any information that is disclosed in these areas becomes public information. You should exercise caution when deciding to disclose your personal information. As mentioned in our Terms and Conditions, we are not responsible for information posted by others on our websites.
With whom your information is shared and how it is used
When you provide information to our website, the information may be collected by us and shared with third-parties, and such information may be used by us to tailor your experience at our site, to show you content that we think you might be interested in, and to display the content according to your preferences. We also use such personal information to send you information and promotional materials if you have opted to receive our newsletter or our other promotional material. Your contact information may also be used if it becomes necessary to contact you.
We may from time to time hire a third-party to act on our behalf for projects such as market research surveys and contest entry processing, and we will provide information to these third parties specifically for use in connection with these projects. We disclaim to the maximum extent possible by law any responsiblity or liability of third-party use of your information.
In addition to the circumstances described above, we may disclose your information if required to do so by law, a court order, or as requested by other government or law enforcement authorities, or in the good faith belief that disclosure is otherwise necessary, required or advisable, including (without limitation) when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
The choices you have about the collection and use of your information
If you choose to subscribe to our email newsletters, you will occasionally receive e-mail updates from us about important functionality changes, special offers from us, new services and other noteworthy news items about us. We hope you will find these updates interesting and informative. Of course, if you would rather not receive them, just follow the unsubcribe instruction in the e-mail to unsubscribe from these mailings. Our site also provides you the opportunity to opt-out of receiving such communications from us at the point where we request information from you. In other words, if you don't want us to send you e-mails about our, just let us know. We reserve the right to limit registration to those who will accept emails and to those who will provide the requested information.
Additional information about online privacy and changes to our policy
Please be aware that on our site, we have advertisements and links to other websites that may collect personal information about you. This Privacy Policy does not cover the policies or practices of external websites. We encourage you to read the privacy policies of all such sites, as their policies may be materially different from our Privacy Policy. Any material changes in the way we use personal information will be described in future versions of this Privacy Policy. For questions, please contact us at editor (at) caspica . com