Welcome to the website “Life is Dive”, an Internet resource, devoted to scuba-diving and travelling, which helps you:
to search for dive-centers all over the world and book their services;
to find a diving instructor, book and pay for their services;
to keep in touch with your old and new friends;
1.2.Additional functionality of the Site – program codes, executed by ECM of the Site and performing certain additional functions of the Site. List of elements, compiling Additional functionality of the Site, as well as the terms under which the company Life is Dive gives to the User the right of use, are defined in the license agreement, current edition of which is available free in the Internet at address: http:// lifeisdive.com/licence. The license agreement is an adhesion contract and is concluded between Life is Dive Company and User in a fast-track procedure.
1.3.Special Sections of the Site are sections available to the Users with particular legal status. Conditions of using special sections of the Site are regulated by separate terms and conditions.
3. Status of the Site
4. Registration on the Site and User status
4.1 The Registration of a user on the Site is free, voluntary and is done at address: http://lifeisdive.com
4.3 While registering on the Site the User should provide necessary true and relevant information for creating his or her personal page, including unique for each User login (a combination of Latin letters and numbers used for entering the Site), e-mail address and password, as well as first and last name of the User. The Register form of the Site can request some additional information from the User.
4.4 The User is responsible for credibility, topicality, completeness and statutory compliance of the information provided while registering on the Site, as well as absence of claims from third parties.
4.8 The login and password chosen by the User are necessary and sufficient tool for entering the Site. The User should not transfer his or her login and password to third parties and is fully responsible for their safety, choosing the way of the preservation by himself or herself. The User can allow preserving his or her login and password on his or her hardware and software (with the help of cookies) for automatic authorization on the Site.
4.9 Unless the contrary is proved, any actions with the login and password of the User are considered to be done by the User himself or herself. In the event of unauthorized access to the login and password and/or the personal page of the User, or the leak of the password and login, the User should immediately inform the company Life is Dive about such incident in accordance with the established procedure.
5 Responsibilities of the User
5.1 While using the Site the User should:
provide true, complete and valid data while registering and thereafter maintain its validity;
inform the company Life is Dive about unauthorized access to the personal page and/or unauthorized usage of the login and password of the User;
not publish information and objects (including the links to them) that can violate rights and interests of other people on his or her page;
evaluate the legitimacy of information and objects (including but not limited other people’s images, other people’s texts of any content, audio and video files) before publishing it;
keep in secret and not transfer to other users and third parties personal data (including but not limited home addresses, phone numbers, e-mail addresses, ICQ, passport data and banking data) and information about private life of other users and third parties (unless they give their personal agreement to this) that came to his or her knowledge as a result of communication with other users and other usage of the Site;
make reserve copies of any important information kept on his or her personal page.
5.2 In the event of doubts in legitimacy of any actions, including publishing information or giving access, the company Life is Dive recommends abstaining from them.
5.3 While using the Site the User is not allowed:
5.3.1 To register on behalf of another person (“false account”) or register a group (company) of people or juridical entity as a User. However a person can register on behalf of another individual or juridical entity in case of obtaining requisite powers in accordance with the current legislation;
5.3.2 To misinform other users about the User’s personality, using the login and password of other user;
5.3.3 To pervert the data about himself or herself, his or her age or his or her relations with other people or organizations;
5.3.4 To download, keep, publish, share and give access to or to use any information which:
a) Contains threats, discredits, insults, discredits honor, dignity and business reputation or infringes inviolability of private life of other Users or third parties;
b) Violates rights of underage people;
c) Is vulgar or obscene, contains pornographic images and texts or sexual scenes with the involvement of minors;
d) Contains scenes of inhumane treatment of animals;
e) Contains descriptions of ways and methods of suicide, any incitement to it;
f) Propagandizes and/or promotes stirring of racial, religious or ethnic hatred or animosity, propagandizes fascism or ideology of racial interference;
g) Contains extremist materials;
h) Propagandizes criminal activity or gives advice, instructions or guides on criminal activity;
i) Contains confidential information, including but not limited state secrets and commercial secrets, information about private life of third parties;
j) Contains advertisement or describes attractiveness of drug use, including “digital drugs” (audio files, influencing human brain due to binaural rhythms), information about distribution of drugs, recipes of drugs and advice how to take drugs;
k) Is of fraudulent nature;
l) Violates other rights and interests of individuals and juridical entities or legislative requirements.
5.3.5 To download, keep, publish, share and give access to or someway use any intellectual property of users or third parties;
5.3.6. To spam other users without their permission;
5.3.7 To use software and do things pointed at functional failure of the Site or personal pages of the users;
5.3.8 To download, keep, publish, share and give access to or someway use any Trojans, viruses or other malicious software;
5.3.9 To use automatized scripts (programs) for collection of information on the Site and/or interaction with the Site and its functionality without special permission of Life is Dive;
5.3.10 To try to get access to the login and password of other Users by any way, including but not limited by false pretences, betrayal of trust or cracking;
5.3.11 To collect and process personal data of other users illegally;
5.3.12 To use the Site by any other way but via the interface provided by the company Life is Dive, except the cases when such actions were directly allowed to the User according to the separate agreement with the company Life is Dive;
5.3.13 To reproduce, replicate, copy, sell, carry out trade operations and resell the access to the Site, including its Additional functional for any purposes except the cases when such actions were directly allowed to the User according to the separate agreement with the company Life is Dive;
5.3.14 To place commercial and political advertising outside special sections of the Site, defined by the company Life is Dive;
5.3.15 To place any other information which is unwelcome, does not correspond with the aims of the Site, affects interests of the Users or is undesirable in any sense in the opinion of the company Life is Dive;
5.3.16 To perform mass same-type actions directed to artificial boost of instrumentation indications of the Site (number of friends, marks “I like”, events “Tell friends” and so on) independently or on behalf of other users, using functional of their accounts, including use of any programs or automatized scripts;
5.4 The User is personally responsible for any information he or she places on the Site, transfers to other users and for any interactions with other users performed at his or her own peril and risk.
6 Terms connected with intellectual rights
6.1 Exclusive rights on the Content of the Site.
6.1.1 All the objects placed on the Site, including elements of design, text, graphics, illustrations, video, scripts, programs, music, sounds and other objects and their collations (thereinafter the Content) are items of exclusive rights of the company Life is Dive, users of the Site and other rightholders, all the rights are reserved.
6.1.3 The User, by placing legally belonging to them Content on the Site, gives to other users nonexclusive rights to use it by watching, reproduction (including copying), processing (including printing of copies) and other rights exclusively for personal non-commercial usage, except the cases when such usage does or may do harm to legally protected interests of the rightholder.
6.1.4 The User can use the Content available only for personal non-commercial use only providing the reservation of copyright or other notifications about authorship, preservation of the author’s name unchanged.
6.1.5 The User also provides the company Life is Dive with nonexclusive right to use the placed on the Site and legally belonging to it Content free of charge in order to support functioning of the Site in the volume defined by the functionality and architecture of the Site. This nonexclusive right is given since the placing the Content on the Site for an indefinite term and includes the right to process the Content by placing and for future demonstration along with the Content and/or the usage of advertising Content and is applied throughout the world. The Company Life is Dive can transfer the rights defined in this paragraph to third parties.
6.1.6 Besides their own Content the User can not download or otherwise make publicly available (publish on the Site) the Content of other sites, databases and other intellectual property without explicitly expressed consent of the rightholder.
6.2 Responsibility for the violation of exclusive rights.
6.2.1The User is personally responsible for any Content or any other information uploaded or someway published on the Site or via the Site. The User has no right to upload, transfer or publish Content on the Site unless he or she possesses necessary rights to do so gained or transferred to him or her according to the legislation.
6.3. Sites and Content of third parties.
6.3.1 The Site contains (or can contain) links to other web-sites (sites of third parties)as well as articles, photographs, illustrations, graphic images, music, sounds, video, information, applications, programs and other Content, belonging or coming from third parties (Content of third parties), which is intellectual property and is protected according to the legislation.
6.3.2 The defined third parties and their Content are not examined by the company Life is Dive for compliance with some or other demands (truthfulness, completeness, fairness and so on). The Company Life is Dive is not responsible for any information placed on the sites of third parties, available to the User via the Site or the Content of third parties, including any opinions or statements, expressed on the sites of third parties or in their Content.
6.3.3 Links or guides on downloading files or setting programs of third parties placed on the Site do not mean that the company Life is Dive supports or approves these actions.
6.3.4 Link to any site, product, service, any information of commercial or non-commercial nature, placed on the Site is not an approval or recommendation of these products (services) given by the company Life is Dive.
6.3.5 If the User decides to leave the Site for sites of third parties or set programs of third parties, he or she does it at his or her own risk, and since that moment the AUP do not applied to the User. The further actions of the User should be guided by the applied norms and policy as well as business customs of those whose Content he or she is going to use.
7. Functioning of the Site and responsible use of it
7.2 The company Life is Dive provides technical opportunity of using the Site, does not participate in forming the Content of personal pages of users, does not control and is not responsible for actions or non-action of any individuals connected with usage of the Site or forming and using the Content of personal pages on the Site.
7.3 In the information system of the Site and its software there are no technical solutions for automated censorship and control over actions and information relations of users connected with usage of the Site, except special technical solutions which can be implemented by the company Life is Dive in order to prevent and suppress abuse of the rights of third parties on intellectual property.
7.4 The company Life is Dive reserves the right to change the style of the Site, its Content, functional, as well as to change or complement the scripts, software and other objects used or kept on the Site, and any server applications at any time with prior notice or without it.
7.5 The company Life is Dive does not practice primary moderation or censoring information of the users, takes measures to defend rights and interests of individuals and to provide compliance with the requirements of the current legislation only after the party in interest addresses the company Life is Dive in accordance with the established procedure.
7.7 Deletion of the User’s personal page implies automatic deletion of all the information placed there as well as all the information input by the User while registering on the Site. After the deletion of his or her personal page the User loses access to the Site.
7.8 The company Life is Dive provides functionality of the Site and agrees that it will quickly restore its functionality in case of technical deficiencies and breaks. The company Life is Dive is not liable for temporary deficiencies and breaks in the Site’s work and for information loss they may involve. The company Life is Dive is not liable for any damages to the computer of the User or other individual, as well as mobile gadgets, any other equipment or software, caused by or connected with downloading information from the Site or via the links published on the Site.
7.10 The company Life is Dive has the right to inform the User about the development of the Site and its functional, and to promote the company’s activity.
7.11 Limits of liability of the company Life is Dive:
7.11.1 The Site and its functional, including all the scripts, applications, content and style of the Site are provided as they are. The company Life is Dive rejects to guarantee that the Site and its functional will or will not suit particular destinations. The company Life is Dive cannot guarantee any specific results of using the Site and/or its functional.
7.11.2 For the avoidance of doubt the User should observe precautions while downloading any files from the Site or via the links placed on the Site, and while using any files including software.The company Life and Dive strongly recommends using only licensed software including antivirus programs.
7.11.3 Using the Site the User agrees that he or she download any materials from the Site or with the help of it at his or her own peril and risk and is personally responsible for probable consequences of using these materials, including damage it can cause to the computer of the User or third parties, information loss or any other harm.
7.11.4 Under no circumstances the company Life is Dive or its representatives are liable to the User or any other third parties for any indirect, accidental, unintentional damage, including loss of expected gain or information lost, discredit on honor, dignity and business reputation related to the usage of the Site, its Content or other materials access to which was granted by the Site even if the company Life is Dive warned or informed about the future wrong.
8 Final clauses
Life is Dive Ltd.