The Diveoz website (including discussion forums) ("Diveoz") located at www.diveoz.com.au "User Agreement"
Use of Diveoz is conditional upon you agreeing to the terms and conditions below and your continued use of Diveoz is acceptance of these terms and conditions. If you do not agree to these terms and conditions do not use Dive-Oz and do not register for an account.
You agree that this Agreement constitutes the entire agreement between you and Diveoz.
PART A: SCOPE OF AGREEMENT
1.1 What do words mean in this Agreement
In this Agreement, unless the subject or context otherwise requires:
(a) "Diveoz " means the Website located at www.diveoz.com.au or any site whereby Diveoz offers services to the public or registered members of Diveoz.
(b) "Forum" means the web service made accessible by Diveoz known as the Diveoz discussion forum.
2 ABOUT THIS AGREEMENT
2.1 If you are a User you agree that you must comply with all parts of this agreement.
PART B: USING DIVEOZ
3 BECOMING A DIVEOZ USER
3.1 In order to post any information or data (including but not limited to Equipment Previews/Reviews or Forum messages) to the Diveoz Website you must read (and you warrant that you have read) and agree to all the terms and conditions of this Agreement;
3.2 There is no fee associated with becoming a Diveoz User (advertising excepted).
4 YOUR OBLIGATIONS
4.1 You must:
(a) provide true and correct information about you ("the information") on the Forum registration form.
(b) Amend or revise the information as soon as possible after the information alters or becomes out of date.
4.2 You must not:
(a) use the Forum in any manner or for any purpose which is unlawful;
(b) promote or advertise 3rd party products or services;
(c) post content which has, contains, or links to another web site which has or contains indecent language, pornography, material of a violent nature, inflammatory statements (including racial or religious vilification), or defamatory statements;
(d) post content which is copyright or is the intellectual property of a 3rd party including, but not limited to, news articles, research, analysis;
(e) interfere with the operations of the Forum or other computer facilities, including but not limited to: "spamming" the site, posting content which you know, or ought reasonably know, contains a virus, post a link to a web site which you know, or ought reasonably know contains a virus, or tampering or altering the Forum;
(f) or disclose your username and password to any other person.
5 TERMINATION OF USER'S RIGHTS
5.1 Diveoz (or its moderators or agents) may in its or their absolute discretion and without notice:
(a) refuse any person's right to use the Diveoz website, including access to the forums;
(b) suspend or cancel any Diveoz User's rights to access any portion or elements of Diveoz.
5.2 Diveoz may refuse registration of visitors whose suggested login names are considered inappropriate.
Grounds for refusal may include:
(a) offensive content;
(d) defamatory content;
(g) copyright infringement;
(h) brand names or registered trademarks;
(i) company or organisation names;
(j) names of high-profile or public figures; or
(k) names promoting political, religious, social or economic issues.
5.3 Diveoz reserves the right to refuse suggested login names at its sole discretion.
5.4 Diveoz will not accept any registration that Dive-Oz suspects is being made by or on behalf of a member who has been suspended for repeated violation of these conditions of use.
PART C: GENERAL
6 COMMUNICATING WITH THE DIVEOZ WEBSITE
6.1 You acknowledge that:
(a) You are responsible for obtaining all hardware and software to use the Diveoz and that you must pay all telecommunications costs and charges incurred by you in using the Diveoz;
(b) Diveoz does not warrant that:
(i) any message to or from the Diveoz has not been altered in transmission;
(ii) Diveoz will be accessible, uninterrupted or free at all times;
(iii) any message to or from the Diveoz Website will be received by the intended recipient.
7. DIVEOZ'S RIGHTS
7.1 Copyright and intellectual property rights belong to Diveoz in respect of all content posted on the Forum. Diveoz may copy, reproduce, publish or destroy any content at its sole discretion.
7.2 Diveoz may delete or modify any content posted to the Forum by any user at any time and for any reason. Diveoz may suspend or cancel your access to the Forum at any time for any reason. Diveoz may suspend or terminate the Diveoz User Forum at any time, for any reason without providing advance notice to you.
8.1 You can not assign your rights or benefits under these Terms and Conditions to any other person; Diveoz may assign any or all its rights, benefits and obligations under these Terms and Conditions to any 3rd party at any time without your consent.
9 YOU MUST INDEMNIFY DIVEOZ
9.1 You will at all times indemnify and hold Diveoz and its officers, employees and agents, and all who are validly appointed to act on Diveoz's behalf ("those indemnified") from and against loss (including legal costs and expenses) liability reasonably incurred or suffered by any of those indemnified arising from any claim, action demand or proceeding against those indemnified where such loss or liability was contributed to or caused by:
(a) your use of the Diveoz;
(c) any wilful, unlawful or negligent act or omission by you.
10 APPLICABLE LAW
10.1 This Agreement and the transactions contemplated by it will be governed by the laws in force in the State of Victoria, Australia and each party hereto submits to the exclusive jurisdiction of the Courts in that Country.
11 STATUS OF PARTIES
11.1 The relationship created by this Agreement between Diveoz and you is that of principal and independent contractor. Nothing in this Agreement it to be construed as creating a partnership or joint venture or relationship of agency or employment between Diveoz and you.
12 PROVISIONS SEVERABLE
12.1 If any provision of this Agreement is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from this Agreement.
13 THIS AGREEMENT MAY BE VARIED
13.1 Diveoz may, in its absolute discretion, modify or amend these terms and conditions and such modification or amendment will be binding once displayed on Diveoz. You must thereafter comply with the amended terms and conditions.