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Terms And Conditions

of the website www.rateyourdive.com

General Terms of Use of the Website www.rateyourdive.com

The online platform “www.rateyourdive.com” (hereinafter referred to as “website”) is an interactive portal that wants to bring together Dive Professionals (Dive Instructor, Divemaster, Dive Guide, etc.), Dive Centers, Liveaboards and divers or diving interested people.

The aim of the website is to provide the above mentioned parties a compare and review portal.

I. General Information

    1. Operator of the website and contractual partner of the users of the website is the rateyourdive UG (limited liability), Balthasar-Neumann-Str. 14, 95444 Bayreuth (hereinafter referred to as “the company”).
    2. By using the website or one or more services offered on the company’s website, in particular when registering as a user pursuant to section III, the user acknowledges these terms of use. The terms of use can be saved via the browser and subsequently printed out.
    3. The services offered on the website are aimed at natural persons who are active as professional divers in the sports and recreational sector, as well as legal persons, who operate diving schools and diving safari boats. The offer is not intended for occupational divers.
    4. These terms of use apply exclusively and in their last valid version. The General Terms and Conditions of the user are not part of a contract even if they have not been expressly contradicted, even though the company has knowledge of deviating or additional conditions of a user.
    5. The law of the Federal Republic of Germany applies exclusively. In the case of consumers, this choice of law is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident is not withdrawn. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG – UN Sales Convention) of 11 April 1980 is hereby excluded.
    6. The contractual language shall be German.

II. Scope of the Website / Changes to and Termination of the Service Offer

    1. With the website, the company provides a recommendation and review portal, where professional divers can present themselves within the scope of a user profile and hobby divers can rate the user profile as well as the services of the diving professionals they made use of.
      The website is exclusively a review platform that serves as a source of information for interested divers.
    2. Purchase contracts, service contracts or any other contracts between the diving professionals and interested divers do not come about via the website, nor does the company act through this website as an intermediary or representative for diving professionals presented on the website. For the use of the services offered by a diving professional, a separate contract with this diving professional is required.
    3. The reviews given on the website do not constitute the company’s opinion. The company does not verify the contents of the website for correctness and legality.
    4. Foreseeable work on the website and any unavailability of the website will be announced on the website 48 hours beforehand. The company reserves the right to change, to amend or to delete the design and the free service offerings on the website, or to temporarily or permanently remove the publications. This also applies to the content posted by the user. As far as the content of a user is partly or permanently taken from the website, the user is informed by e-mail.
    5. The user is not entitled to any claims for damages, claims for compensation or other claims due to changes in the design of the website or its content, as well as the temporary or final discontinuance or unavailability of free services.

III. Registration

    1. The user is obliged to provide true and complete information on the data collected during registration. The user is not allowed to enter third-party data when registering. If legal entities or partnerships are registered as users, the person who provides information as representative of the legal person or company shall ensure that he is entitled to do so.
    2. A multiple registration under different user names is not allowed. In any case, it is forbidden to issue more than one rating using different user names.
    3. User names that violate the rights of third parties, in particular name rights or trademark laws (e.g. brands), or which are otherwise unlawful or which violate good morals, are prohibited.
    4. A user name and password are assigned to the user during registration. The user name and password (hereinafter referred to as “access data”) must be kept secret. The user has to ensure that the access data are not accessible to third parties who could then use their user account. In case of loss of the access data or in case of suspicion that a third party has learned of them or if a third party uses the user profile, the user is obliged to notify the company without delay. For protection against unauthorized access by third parties and misuse, the user should change the password at regular intervals.

IV. Use Restrictions for Users

    1. The website provided for the use, as well as the layout used, have been developed by the agency 4c Media GmbH & Co. KG, Im Sudhaus Oberkonnersreutherstraße 6a, 95448 Bayreuth and are subject to copyright protection. The services accessible via the website were created by the company and are also subject to copyright protection. Use and exploitation rights may only be used with the express consent of the rights holders.
    2. Users are not allowed to use the brand name, the logo, the word mark, service marks, domain names and other characteristic signs of the website, in particular the name “rateyourdive” and the saying “Making Scuba Diving Better”, unless an explicit written licence was granted to them by the company.
    3. The user may use retrieved information and results of the Internet offer only within the framework of these terms of use. Any use of the information offered on the website beyond its pure use requires the company’s consent.
    4. The content of other users or of the professional divers presenting themselves (especially reviews and profiles) accessible via the website may not be copied, disseminated or otherwise made public without the consent of the respective users and the company.
    5. The user has to refrain from anything that is capable of interrupting, damaging or otherwise impairing access to and use of the website by others.
    6. Further restrictions of use can be found in the following section V and legal provisions if applicable.
    7. Users are obliged to inform the company if they are aware that content is incorrect, inaccurate or misleading, or violates the rights of third parties.

V. Posting Content / Reviews

    1. When posting content, the user is obliged to uphold and not violate the rights of third parties, in particular the rights of trademarks, copyrights and personalities. It is forbidden to post content which glorifies violence, is pornographic or discriminatory, and infringes the personal honour or any other content which violates the law or common decency. Reviews must be kept factual.
    2. It is forbidden to submit multiple reviews under multiple user names. Users are not allowed to make their own review or to have third parties submit one.
    3. The user is only allowed to post the content of third parties if he has the appropriate rights of use. If there is any doubt as to entitlement, the user is obliged, upon the company’s request, to prove the consent of the copyright holder for the use of the rights vis-à-vis the company. Doubt exists in particular, when
  • it concerns works protected by copyright or other intellectual property rights, e.g. foreign photos, graphics, logos, brands and texts;
  • the content involves personal or other sensitive information about individual persons or groups of persons;
  • third parties are depicted in photographs in such a way that their significance for the image does not fall into the background for the viewer.

4. The user is not allowed to set hyperlinks.

VI. Rights of Use on Posted Content

    1. The user grants the company the transferable, simple, spatially and temporally unlimited right of use to the content posted by him on the website to the extent required for the operation of the website

In addition, the user grants the company the right to edit the content. This can be done, for example, by reducing or editorially editing texts, producing cut-outs from set images or reducing thumbnails. The company may also integrate the content of the user into his own editorial content and / or e-mail newsletters and / or print media (e.g. newspapers, advertising brochures, flyers, etc.) and present them there and / or integrate them in “Best Of”, “Most Viewed” and “Best Rated” lists or similar ones.

The company also has the right to reproduce, make publicly available and publicly reproduce the contents in the best possible quality via different end devices and different networks (public and private), whereby the right to public access, in particular the transfer of the content onto fixed or mobile devices (e.g. smartphones, tablets, etc.) of other users via UMTS, podcasting, RSS feed or XML interface is included as well. The right of public reproduction also means the right to reproduce content on the website by streaming.

2. As far as the user is a legal entity, the company grants him the transferable, simple, spatially and temporally unlimited right to publish, reproduce and distribute the   contents concerned as a physical work (in the form of a trade directory) in book form, other print media, on CD-ROM and / or DVD.

3. To avoid doubt, the user also grants the company the rights as designated in points VI.1 And VI.2 concerning the possible termination of the use relationship. The granting of the rights of use does not constitute an obligation of use by the company’s.

4. The user also grants a limited period of use to visitors of the website. This allows the visitor to read the user’s texts and view any pictures. This may involve storage of the relevant content in the working memory of the other user / seeker’s terminal. However, any further use of the content is, in principle, not permitted.

VII. Warranty and Liability

    1. The company expressly points out that the content posted on the website is not examined by him before or after its posting. The information provided can therefore be incorrect, inaccurate or misleading. It cannot be ruled out either that posted contents violate the rights of third parties or are otherwise unlawful.
    2. The company assumes no liability for the correctness, topicality, propriety, completeness, quality or legality of the content available on the website, in particular information in user profiles and reviews. It is the sole responsibility of the user to check the information received and obtained on the basis of the use of the website for their suitability for the respective purpose pursued.
    3. Any liability claims against the company relating to damages of a material or an ideal nature caused by the use or non-use of the free information offered or by the use of erroneous or incomplete free information are excluded, provided that no demonstrably intentional damage or gross negligence on the part of the company exists.
    4. In addition, the company is liable without limitation for intent and gross negligence in accordance with the product liability law. the company is liable for slight negligence in the event of damage resulting from injury to life, body or health of persons. As well as in the case of infringement of contractual obligations, those are obligations whose fulfilment makes the proper implementation of the contract possible at all and whose compliance the contractual partner may regularly rely on. This limitation of liability also applies to other damages as well as to damages caused by legal representatives or vicarious agents.
    5. If the website contains links to other websites, which are operated and maintained by third parties, these links serve exclusively to facilitate navigation. The company assumes no responsibility for the content of third-party websites.

VIII. User Liability

    1. The user is solely responsible for the content he has added himself. Any liability on the part of the company to the user is excluded.
    2. The user is liable to the company for all damages that occur to the company through the violation of the website by the user, according to the legal regulations.
    3. In the event that the company is made liable by a third party because the content posted by a user violates the rights of third parties or is unlawful, the user shall indemnify the company against all third-party claims, including possible court and legal costs, unless the infringement is not the responsibility of the user. The user is obliged to provide the company with all information necessary for a defence against claims asserted by a third party

IX. Data Protection

  1. The company will collect, process and use personal data only to the extent necessary for the proper operation of the website. A purposeful forwarding of the personal data to third parties is only possible with the prior written consent of the user.
  2. With regard to the use, storage and processing of digitally collected personal data relating to the use of the Internet platform www.rateyourdive.com, the separate data protection declaration, which is included in all contracts, must be referred to. The privacy policy can be found here.

X. Termination of the Use Agreement

    1. The company and the registered users can terminate the use agreement at any time with a notice period of one week. The company will deactivate the user account after the termination of the use agreement. All personal and profile data will be deleted two weeks after the deactivation of the user account.
    2. The parties are entitled to extraordinary termination for important reasons. An extraordinary termination by the company is particularly possible in the case of criminal violations of the user, in the case of violations by the user of the obligation to provide the data collected in the correct manner, in the event of a violation by the user which makes the execution of the contract impossible or unreasonable, or in the case of other gross breach of duty, such as abuse of access data.
    3. The published contents of a user and the access to his user account may be temporarily suspended instead of a termination. The user is notified of a blocking by e-mail. The e-mail identifies the reason for the blocking and the duration of the blocking. The company is not obliged to block the user account first before a termination.
    4. The termination must be declared in writing. An explanation by e-mail is enough.

XI. Amendments to the General Terms of Use

    1. The company reserves the right to change these terms of use at any time without giving reasons. Amendments are permitted in the area of the scope of services offered on the website according to section II, the extent of the rights of use of the content in accordance with clause VI and restrictions of use according to section IV of the general terms of use.
    2. New or changed terms of use will be sent to the registered user by e-mail. They are deemed to be agreed to if the user does not object to their validity within four weeks after receipt of the e-mail. The objection requires the written form. The company will inform the user in the e-mail of the possibility of objection, the deadline and the consequences of his inactivity separately. If the user objects, both the user and the company have the right to terminate the agreement of use with immediate effect.
    3. Regarding unregistered users, the terms of use that are available on the website at the time of the specific visit or the specific use of services are valid in each case.

XII. Final Provisions

    1. Supplementary agreements as well as amendments and additions to the contract require the written form and the written consent of both contracting parties. Verbal ancillary agreements are excluded.
    2. If the user is a merchant according to the Commercial Code, a public fund or a person governed by public law, Bayreuth shall be the exclusive court of jurisdiction for all disputes arising out of these Terms of Use
    3. The invalidity of individual provisions of this agreement or its components does not affect the legality of the remaining provisions. The contractual partners are obliged to find an effective regulation in good faith and taking into account the meaning and purpose of the contract and the mutual interests, insofar as no substantial change in the content of the contract is made by doing so. This also applies if a contractual gap is evident.

Status: May 2018