Terms and Conditions
Dive Around Terms and Conditions
USE OF SITE AND SERVICESYou 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 the rights of DIVE AROUND or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
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 SOFTWAREMaterials 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.
USE OF DIVE AROUND MATERIALSThe 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.
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.
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.
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 :
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.