Terms and Conditions

Dive Around Terms and Conditions

TERMS OF USE

By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing the Site, you agree to and are bound by the terms and conditions set forth in this document and in any changes that DIVE AROUND may publish from time to time. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
DIVE AROUND may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link to view the then-current terms. If you breach any of the Terms of Use, your authorisation to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

USE OF SITE AND SERVICES

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilise, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall NOT:
Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others. Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any DIVE AROUND server or to the Site without authorisation from DIVE AROUND, whether through hacking, password mining or any other means. Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material. Access or attempt to access any Material that you are not authorised to access or Materials through any means not intentionally made available through the Site or Services. Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials. Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party. Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites. Transmit unsolicited or bulk communications to any DIVE AROUND account holder or to any DIVEAROUND.com.au or affiliated e-mail address. Post or otherwise submit any software, programs or files that are harmful or disruptive of another's equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms. Create a false identity for the purpose of misleading others. Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner. Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services. Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use. Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable. Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party. Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
Violate the rights of DIVE AROUND or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by DIVE AROUND. When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such Services or Materials, in addition to the Terms of Use. Materials and Services provided by third parties (collectively, the "Third-Party Services") are governed by separate agreements accompanying such Materials and Services.
Certain Services and Materials will only be made available to users who have paid DIVE AROUND a fee for such Services and Materials. Such users may additionally be required to enter into a subscription agreement or other use agreement for that particular Service or Material.
DIVE AROUND, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. DIVE AROUND may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as DIVE AROUND deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials.
If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorised use of your account or any other breach of security, you shall notify DIVE AROUND immediately. If any Services or Materials provide password-restricted access to your sensitive information (including customer lists and contractual terms), then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to DIVE AROUND’s display of such information via such Services or Materials and accept all risks of unauthorised access to such information.

USE OF SOFTWARE

Materials encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the Site (collectively, "Software") are the copyrighted and patented work of DIVE AROUND & i4U or its suppliers.
You will not be able to use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Absent a license agreement that accompanies the Software, use of the Software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. The Software is made available solely in accordance with the license agreement. Without limiting the foregoing, unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or reproduction of the Software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

USE OF DIVE AROUND MATERIALS

The DIVE AROUND Materials may be accessed and used solely for personal, informational, non-commercial and internal purposes. The DIVE AROUND Materials may not be modified or altered in any way.
The DIVE AROUND Materials on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others. You may not remove any copyright or other proprietary notices contained in the DIVE AROUND Materials.
You will not quote or display DIVE AROUND Materials, or any portions thereof, out of context. DIVE AROUND reserves the right to revoke the authorisation to view, download and print the DIVE AROUND Materials available via this Site at any time, and any such use shall be discontinued immediately upon notice from DIVE AROUND. The rights granted to you constitute a license and not a transfer of title. Any DIVE AROUND Materials made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution of such separate agreement. Any DIVE AROUND Materials acquired upon your execution of a required separate agreement shall be provided with the additional rights and obligations set forth in that agreement, and your rights to such DIVE AROUND Materials shall immediately terminate if you fail to meet your obligations under or otherwise comply with such agreement or the terms and conditions of the Terms of Use. Use of the DIVE AROUND Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The rights specified above to view, download and print the DIVE AROUND Materials available on this Site are not applicable to the design, layout or look and feel of this Site. No Mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by DIVE AROUND. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials (whether DIVE AROUND Materials) belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.

SUBMITTED MATERIALS All of your User Materials that you post on or otherwise submit via the Site and Services shall not be confidential information or trade secrets owned by you or any other party. You will receive no compensation for any use of your User Materials. DIVE AROUND may, but is not required to, post or use any of your User Materials that you may post or otherwise submit. DIVE AROUND does not pre-screen User Materials that users provide or otherwise submit via the Site or Services; however, DIVE AROUND may remove any posted or submitted User Materials from the Site or any Service for any reason without notice in its sole discretion. By posting or submitting your User Materials, you represent and warrant that you own or otherwise control all of the Intellectual Property Rights and other rights to your User Materials as described in these Terms of Use, including all the rights necessary for you to post or submit your User Materials.
In addition, by posting or otherwise submitting your User Materials that contain images, photographs, pictures, videos, webcasts or that are otherwise graphical in whole or in part ("Images"), you represent and warrant that: (a) you own the copyright in such Images, or that you have obtained all necessary license(s) from the copyright owner(s) of such Images to use such Images, or portions thereof, in keeping with your use in connection with the Site, the Services and as otherwise permitted by these Terms of Use; (b) you have received consent from any and all persons depicted in such Images to use the Images as set forth in these Terms of Use, including the distribution, public display, public performance and reproduction of such Images. By posting or otherwise submitting Images, you grant to DIVE AROUND permission to use your Images in connection with their use permitted by these Terms of Use. You will receive no compensation with respect to the use of your Images.
You are solely and entirely responsible for all of your User Materials that you post or otherwise submit via the Site or Services.

RESTRICTION AND TERMINATION OF USE DIVE AROUND may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in DIVE AROUND's sole discretion, without prior notice or liability to you.

LINKS TO THIRD PARTY SITES The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by DIVE AROUND to you as a convenience and the inclusion of the links do not imply any endorsement by DIVE AROUND of any Linked Site. DIVE AROUND has no control of the Linked Sites and you therefore acknowledge and agree that DIVE AROUND is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that DIVE AROUND is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.

WARRANTIES AND DISCLAIMERS THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY DIVE AROUND UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DIVE AROUND MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.
THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. DIVE AROUND MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND DIVE AROUND MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.

LIMITATION OF LIABILITY IN NO EVENT SHALL DIVE AROUND, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF DIVE AROUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

NOTIFICATION OF COPYRIGHT INFRINGEMENT DIVE AROUND will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site or in connection with the Services or Materials, please provide, written notification of claimed copyright infringement to :
kieren@divearound.com.au
A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed; A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled; A description of where the content that you claim is infringing is located on the DIVE AROUND site; Information sufficient to permit DIVE AROUND to contact you, such as your physical address, telephone number, and e-mail address; A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law; A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the copyright owner's behalf.