THE FOLLOWING DESCRIBES THE TERMS ON WHICH DiveSabah.com OFFERS ACCESS TO USERS OF OUR SERVICES
DiveSabah.com ("DiveSabah") provides a Web site that allows users to purchase diving and ecotourism-related products and services through DiveSabah's metamediary platform and to gain access to relevant information and services using DiveSabah.com.
2. Description of General Principles and Terms
3. Amendment Without Notice
4. Associates/Membership Eligibility
Our services are available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Furthermore our services are not available to temporarily or indefinitely suspended DiveSabah Associates/Members.
5. Fees and Services
(i) Fees for Products and Services
DiveSabah may add new products and/or services to DiveSabah.com from time to time or may, in its sole discretion, change some or all of the current services offered. In the event that DiveSabah introduces new products or services or changes existing products or services new fees or service charges may be established effective immediately for those products or services.
(ii) Fees quoted in US dollars
Unless otherwise stated, all fees are quoted in U.S. Dollars.
(iii) Billings exclusive of taxes
All prices quoted, all orders accepted, and all billings issued are exclusive of all national, state and local taxes. The User is responsible for paying all fees and all applicable taxes associated with using DiveSabah services and DiveSabah.com.
Without limiting any other remedies, DiveSabah may suspend or terminate a User's account if said User is found to have engaged in fraudulent or illegal activity in connection with DiveSabah.com.
7. User's Information
"User's Information" is defined as any information that you as a DiveSabah User provide to us or other Users in the registration, purchasing, vending or listing process or through any email feature. Users are solely responsible for User's Information, and DiveSabah acts as a passive conduit for the distribution and publication of Users' Information. You as a User of DiveSabah.com warrant that any information provided:
(a) shall not violate any law, statute, ordinance or regulation;
(b) shall not be false, inaccurate or misleading;
(c) shall not be fraudulent or involve the sale of counterfeit or stolen items;
(d) shall not infringe any third party's copyright, patent, trademark, trade secrets or other proprietary rights or rights of publicity or privacy;
(e) shall not be defamatory, libelous, threatening, harassing, obscene or pornographic;
(f) shall not contain any viruses, Trojan horses, worms or other computer programming routines that are have the effect of damaging, interfering with, copying, intercepting or expropriating any computer system, computer hardware, computer software or data;
(g) shall not create liability for DiveSabah or cause DiveSabah to lose in whole or in part the services of our suppliers.
Furthermore you as a DiveSabah User may not list any item on DiveSabah.com or consummate any transaction that was initiated using our service that could cause us to violate any applicable law, statute, ordinance or regulation by virtue of our having accepted payment of fees or service charges to DiveSabah .
8. Copyright and Publicity Rights
You agree to grant DiveSabah a non-exclusive, world wide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright and publicity rights (but no other rights) to User's Information, in any medium whether known or not currently known, with respect to User's Information. DiveSabah will only use User's Information solely in accordance with our Privacy Statement in order to facilitate service to Users.
9. Guidelines for Posting Comments and Information
Certain portions of the DiveSabah Web site may allow Users to post comments on articles or other topics of discussion. Comments may be visible to anyone who visits the DiveSabah Web site. We ask that Users please focus specifically on the article, story, or issue for which comment has been solicited and please avoid making statements that are accusatory, defamatory, obscene, pornographic, abusive, or otherwise unlawful or infringing on the rights of others. All comments may be edited based on length, clarity or content. DiveSabah does not endorse the accuracy, truthfulness or reliability of comments posted by users and is not responsible for any subsequent actions taken as a result of such postings.
10. Access to DiveSabah.com
Users are responsible for providing all equipment necessary to access the Internet and the DiveSabah website. The DiveSabah website is usually available 24 hours a day, 7 days a week. However, we retain the right to make the website unavailable from time to time for any reason. Associates/Members agree that DiveSabah shall not be liable for any damages arising from any interruption, suspension or termination of the website.
You as a DiveSabah User agree to indemnify and hold harmless DiveSabah and our subsidiaries, affiliates, officers, directors, agents, and employees. Such indemnity shall include reasonable attorneys' fees arising from your breach of these Terms, any disputes or other claims relating to your transactions on DiveSabah.com or any violation by you, the User, of any law or the rights of a third party.
12. Legal Compliance
As a DiveSabah User you shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
13. No Agency
As a DiveSabah User you and DiveSabah are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is implied, intended or created by these Terms.
Except as explicitly stated otherwise any notices shall be given to the email address you provide to DiveSabah during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to DiveSabah during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any controversy or claim arising out of or relating to these Terms or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of a mutually agreed accredited international Arbitration body. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
16. Additional Terms
The following documents are incorporated by reference:
(i) Our Privacy Statement
This is available in the DiveSabah site. We may amend this Privacy Statement without notice at any time by posting the amended terms on DiveSabah.com. All amended terms shall be effective immediately upon posting. By accessing and using DiveSabah.com you agree to periodically review this Privacy Statement and be bound by any modifications or amendments to its terms.
(ii) Our Transaction Terms and Conditions
These will be posted from time to time in the "Packages" sections of DiveSabah.com. We may amend these Transaction Terms and Conditions without notice, at any time by posting the amended terms on DiveSabah.com. All amended terms shall be effective immediately upon posting. By accessing and using the DiveSabah Web site, you agree to periodically review these Transaction Terms and Conditions and be bound by any modifications or amendments to their terms.
17. Headings for Convenience Only
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section of the Terms.
19. Entire Understanding
These Terms set forth the entire understanding and agreement between DiveSabah and the User with respect to the subject matter hereof.