Terms & Conditions
- General Information
- The operator of the website and contractual partner of the users of the website is the Scuba Diving Place (limited liability), Rheinsberger Str. 76 10115 Berlin Germany (hereinafter referred to as “the company”).
- 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 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afforded by mandatory provisions of the law of the country in which the consumer is habitually resident is not withdrawn.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.
- The contractual language shall be German.
- The scope of the Website / Changes to and Termination of the Service Offer
- With the website, the company provides a recommendation and review portal, where professional divers and diving centers can present themselves within the scope of a user profile and hobby divers can rate the information 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.
- 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.
- 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.
- 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 email.
- 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.
- 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 a representative of the legal person or company shall ensure that he is entitled to do so.
- Multiple registrations under different user names are not allowed. In any case, it is forbidden to issue more than one rating using different usernames.
- Usernames 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.
- A user registers with a Facebook authorization. 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.
- Use Restrictions for Users
- 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 “Scuba Diving Place”, unless an explicit written licence was granted to them by the company.
- The content of other users or of the professional dive centers 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.
- 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.
- Further restrictions of use can be found in the following section V and legal provisions if applicable.
- 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.
- Posting Content / Reviews
- 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 that 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.
- It is forbidden to submit multiple reviews under multiple usernames. Users are not allowed to make their own review or to have third parties submit one.
- 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.
- The user is not allowed to set hyperlinks.
- Rights of Use of Posted Content
- 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 email 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.
- 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 a book form, other print media, on CD-ROM and/or DVD.
- 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.
- 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.
- 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.
- 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 its suitability for the respective purpose pursued.
- 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.
- 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 fulfillment 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.
- 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.
- 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.
- 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.
- 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
- Data Protection
- 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.
- Termination of the Use Agreement
- 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.
- 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.
- 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 email. The email 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.
- The termination must be declared in writing. An explanation by email is enough.
- 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.
- 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.
CookiesOur website makes use of so-called cookies in order to recognize repeat use of our website by the same user/internet connection subscriber. Cookies are small text files that your internet browser downloads and stores on your computer. They are used to improve our website and services. In most cases, these are so-called “session cookies” that are deleted once you leave our website. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our website.
Server DataFor technical reasons, data such as the following, which your internet browser transmits to us or to our web space provider (so-called server log files), is collected: – type and version of the browser you use – operating system – websites that linked you to our site (referrer URL) – websites that you visit – date and time of your visit – your Internet Protocol (IP) address. This anonymous data is stored separately from any personal information you may have provided, thereby making it impossible to connect it to any particular person. The data is used for statistical purposes in order to improve our website and services.
Purpose of RegisteringWe offer you the opportunity to sign up for our website. The information entered when signing up (your email address and full name provided), as shown in the registration form is collected and stored solely for use by our website. When signing up for our website, we also store your IP address and the date and time you registered. This serves to protect us in the event a third party improperly and without your knowledge makes use of your data to sign up for our site. None of this information is transferred to third parties. Nor is any of this information matched to any information that may be collected by other components of our website.
Contacting UsOn our website, we offer you the opportunity to contact us by email. In such an event, the information provided by the user is stored for the purpose of facilitating communications with the user. No data is transferred to third parties. Nor is any of this information matched to any information that may be collected by other components of our website.
Posting CommentsOn our website, we offer you the opportunity to post comments about individual articles. For this purpose, the IP address of the user/internet connection subscriber is stored. This information is stored for our security in the event the author through his/her comments infringes against third-party rights and/or unlawful content is entered. Consequently, we have a direct interest in the author’s stored data, particularly since we may be potentially liable for such violations. No data is transferred to third parties. Nor is any of this information matched to any information that may be collected by other components of our website.
Use of Facebook componentsOur website employs components provided by facebook.com. Facebook is a service of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. Each time our website receives an access request equipped with a Facebook component, the component prompts your browser to download an image of this Facebook component. Through this process, Facebook is informed precisely which page of our website is being visited. When you access our site while logged into Facebook, Facebook uses information gathered by this component to identify the precise page you are viewing and associates this information with your personal account on Facebook. Whenever you click on the “Like“ button, for example, or enter a comment, this information is transmitted to your personal account on Facebook and stored there. In addition, Facebook is informed of your visit to our website. This occurs regardless of whether you click on a component or not. If you wish to prevent the transfer to and storage of data by Facebook about you and your interaction with our website, you must first log out of Facebook before visiting our website. The data protection policies of Facebook provide additional information, in particular about the collection and use of data by Facebook, your rights in this regard as well as the options available to you for protecting your privacy: https://facebook.com/about/privacy In addition, tools are freely available on the market that can be used to block Facebook social plugins with add-ons from being added to all commonly used browsers. You can find an overview of Facebook plugins at https://developers.facebook.com/docs/plugins
Information/Cancellation/DeletionOn the basis of the Federal Data Protection Act, you may contact us via email at no cost if you have questions relating to the collection, processing, or use of your personal information, if you wish to request the correction, blocking, or deletion of the same, or if you wish to cancel explicitly granted consent. Please note that you have the right to have incorrect data corrected or to have personal data deleted, where such a claim is not barred by any legal obligation to retain this data.
Deleting your dataWhen you send us an email to the address [email protected], stating your desire to delete your data from scubadiving.place, form an email address you used when registered with a Facebook account, and your data will be deleted immediately, but no later than 7 days after the email has been received. Information you provided when registered via the Facebook login is limited to your full name and email address. Upon your request, that information all together with your profile and the comments you have submitted will be deleted.