General terms and conditions
By applying to become a member of uemis DiveWorld, the following General Terms and Conditions are accepted for the use of uemis DiveWorld (referred to as the "General Terms and Conditions" below).
uemis DiveWorld operates the services of uemis DiveWorld at the top-level domain uemis.org (referred to as the "uemis DiveWorld web site" below).
These General Terms and Conditions govern the contractual relationship between the member and uemis DiveWorld.
The member enters into the contract regarding the use of the services of uemis DiveWorld with Uemis Ltd, Zürichstrasse 110b, CH-8134 Adliswil, Switzerland. Additional contact information and the commercial register information for Uemis Ltd can be found in the legal information section.
The member can access, print out, download and store these General Terms and Conditions at any time, even after formation of the contract, from the General Terms and Conditions link, which can be accessed from each page of the uemis DiveWorld web site.
2 Registration, affirmations at the time of registration
4 Obligations of the member
5 Changes to the services on the uemis DiveWorld web site
6 Termination of the contract
7 Responsibility for member content and data
8 Customer service, support
9 Liability of uemis DiveWorld
11 Data protection
12 Rights to content
13 Final provisions
1.1 The uemis DiveWorld web site offers members a platform with all relevant diving information that is provided by members by means of geo-tagging. Registered members can access, add or change information. The quality of uemis DiveWorld is dependent on the quality of the entries of the members.
1.2 Any use of the services and content offered on the uemis DiveWorld web site, with the exception of the options provided by uemis DiveWorld on the uemis World-Dive web site, requires written approval from uemis DiveWorld in advance.
1.3 uemis DiveWorld makes the data and/or information provided by the member available to the other members only to the extent that this data and/or information does not violate provisions of the law or these General Terms and Conditions. uemis DiveWorld is entitled to delete illegal content from the uemis DiveWorld web site without prior warning.
1.4 The member acknowledges that it is not technically possible to provide 100% availability for the uemis DiveWorld web site. However, uemis DiveWorld will endeavor to keep the uemis DiveWorld web site constantly available. In particular, maintenance, security or capacity issues, as well as events that are not within the control of uemis DiveWorld (such as disruptions to public communications networks, electricity outages, and so forth, for example) could lead to brief disruptions or to the temporary discontinuation of the services on the uemis DiveWorld web site.
1.5 uemis DiveWorld merely offers a platform to the member for the exchange of information and to bring the member together with other members, and for this purpose provides only those technical applications that make it possible for the members to establish general contact with each other. uemis DiveWorld is not involved in the members' communications with each other. If the members enter into contracts with each other via the uemis DiveWorld web site, uemis DiveWorld is not involved and is therefore not a party to the contract. The members are exclusively responsible for the execution and fulfillment of the contracts they enter into with each other. uemis DiveWorld is not liable if no contact is made between the members via the uemis DiveWorld web site in connection with such a contract. In addition, uemis DiveWorld is not liable for members' breaches of obligations from the contracts entered into between the members.
2.1 The member must register before using certain services on the uemis DiveWorld web site.
2.2 The member affirms that all data that he or she provides at the time of registration is true and complete. The member is obligated to notify uemis DiveWorld without delay regarding changes to his or her member data. The member will ensure that he or she will be able to receive the emails that are sent to the email address that he or she provided in the context of registration, and that he or she will take note of them.
2.3 The member may not use any pseudonyms or stage names when providing his or her last name and first name. However, the use of an additional nickname is explicitly encouraged. The additional nickname may not infringe any rights of third parties, including naming rights, trademark rights or copyrights in particular. In addition, it may not be improper.
2.4 The member chooses a password at the time of registration. He or she is obligated to keep his or her password secret. uemis DiveWorld will not provide the password to third parties, and will never ask the member for the password.
2.5 By completing the registration process, the member provides an offer to enter into a contract for the use of the services on the uemis DiveWorld web site. uemis DiveWorld accepts this offer by activating the services of the uemis DiveWorld web site for the member. The contract is formed between the member and uemis DiveWorld with this acceptance. The content of this contract is based on these General Terms and Conditions and the data protection provisions relevant to the uemis DiveWorld web site. uemis DiveWorld is free to refuse to activate the services of the uemis DiveWorld website for a member at any time, or to terminate the contractual relationship with a member at any time (with regard to termination, see below, Section 6).
2.6 Each member may register only once and set up only one member profile. The member profile may not be passed along or used by a person other than the relevant member.
2.7 uemis DiveWorld is not technically capable of determining with certainty whether a member logged-on to the uemis DiveWorld web site is actually the person that the member purports to be. uemis DiveWorld therefore makes no warranty with respect to the actual identity of a member. Each member is therefore responsible for satisfying himself or herself regarding the identity of another member.
3.1 Minors may log on to uemis DiveWorld to the extent that they are capable of understanding and complying with these General Terms and Conditions, and if they apply with the consent of their legal guardians.
3.2 In the event that legal guardians permit the use of uemis DiveWorld by minors, they accept their responsibility for the conduct of the minor online, for the consequences in the event of abuse of uemis DiveWorld by the minor, and for compliance with the General Terms and Conditions of uemis DiveWorld.
3.3 Minors who lie about their eligibility to use uemis DiveWorld when registering pursuant to Section 3.1 are subject to liability in tort for losses they cause.
4.1 The member is obligated
4.1.1 to provide only true and non-deceptive information in his or her profile and his or her communications with other members, and to not use any pseudonyms or stage names when providing his or her last name and first name.
4.1.2 to ensure that the public reproduction of photos that he or she provides on the uemis DiveWorld web site is allowed. The photos provided by the member may not contain any company logos. Photos from members that register as companies or organizations, and from employees of uemis DiveWorld, are exempt from this restriction.
4.1.3 to respect applicable laws, these General Terms and Conditions and all rights of third parties when using the content and services on the uemis DiveWorld web site. In particular, the member is prohibited from
making use of libelous, defamatory, dishonest or slanderous content, requesting the publication of such content, or making reference to or linking to such content, regardless of whether this content relates to other members, uemis DiveWorld employees, or other persons or companies,
using, promoting, offering or distributing content that is immoral, pornographic, in violation of the Youth Protection Act, racist, discriminatory, or that glorifies violence, or from making reference to or linking to such content,
disturbing other members unreasonably (with spam in particular),
using content that is protected by law (for example by personal rights, copyright, trademark, patent, design patent or utility patent), requesting the publication of such content, or making reference to or linking to such content, without being entitled to do so, or promoting, offering or distributing goods or services that are protected by law, as well as
engaging in or fostering anti-competitive acts, including progressive canvassing (such as chain, snowball or pyramid schemes).
4.1.4 to refrain from engaging in the following disruptive acts, even if they violate no laws specifically:
sending chain letters,
sending identical private messages to more than five members at the same time,
implementing, promoting and advancing structured distribution arrangements (such as multi-level marketing or multi-level network marketing) or
inappropriate or sexually oriented communications (explicit or implicit).
4.2 The member is prohibited from engaging in the following acts:
Use of mechanisms, software or scripts in connection with the use of the uemis DiveWorld web site. However, the member may use the interfaces or software that are made available to him or her in the context of the uemis DiveWorld services offered at the uemis DiveWorld web site.
Blocking, overwriting, modifying, copying, to that extent that doing so is not necessary for normal use of the services of the uemis DiveWorld web site. Copying by means of "robot/crawler" search engine technologies, for example, is not necessary for normal use of the services of the uemis DiveWorld web site and is therefore explicitly prohibited.
Dissemination and public reproduction of content from the uemis DiveWorld web site or of other members,
Any act that is capable of negatively affecting the functionality of the uemis DiveWorld infrastructure, and of overburdening it in particular.
uemis DiveWorld reserves the right to change the services offered on the uemis DiveWorld web site, or to offer different services, unless doing so would be unreasonable for the member.
6.1 The member can terminate the free membership at any time without providing reasons for doing so. The termination notice can be provided using the contact form that can be accessed from any page on the uemis DiveWorld web site. The user name and a member email address registered at the uemis DiveWorld web site are to be provided at the time of termination.
6.2 uemis DiveWorld can terminate the free membership at any time without providing reasons by providing three (3) days' notice.
6.3 In addition, uemis DiveWorld can terminate immediately for good cause at any time. Good cause shall exist for uemis DiveWorld in particular if the continuation of the contractual relationship is no longer reasonable for uemis DiveWorld, taking into account all the circumstances of the case and weighing the interests of uemis DiveWorld and of the member. The following events in particular represent good cause:
Failure of the member to comply with legal requirements,
Breach by the member of his or her contractual obligations,
Damage to the reputation of the services offered on the uemis DiveWorld web site as a result of the presence of the member (for example, if after a member registers, it turns out that he or she was legally convicted of an intentional criminal act, and if other members become aware of this conviction),
Advertising for associations or collectives – or their methods or activities – that are monitored by security authorities or youth protection authorities,
Injury to one or more other members,
Opposition to a change in the terms of these General Terms and Conditions (see Section 13.2).
6.4 If good cause exists pursuant to Section 6.3, uemis DiveWorld can also impose the following sanctions against the member, independent of termination pursuant to Sections 6.2 and 6.3.
Deletion of content that the member has entered,
Issuance of a warning or
Blocking access to the services of the uemis DiveWorld web site.
7.1 uemis DiveWorld assumes no responsibility for the content, data and/or information provided by members of the uemis DiveWorld web site, or for content on linked external web sites. In particular, uemis DiveWorld does not warrant that this content is true, will fulfill a particular purpose, or can serve such a purpose. uemis DiveWorld is not liable for losses suffered by a member or third parties as a result of the behavior of other members or third parties.
7.2 If the member notices a use of the uemis DiveWorld web site that is in violation of law or contract (including the use of pseudonyms when providing last name and first name or deceptive identities), it can file a report using the contact form that can be accessed from any page on the uemis DiveWorld web site.
The customer can communicate questions and declarations regarding his or her contract with uemis DiveWorld or regarding the uemis DiveWorld services using the contact form that can be accessed from any page on the uemis DiveWorld web site.
9.1 In the event of a loss caused by an action by uemis DiveWorld, the harmed member or the harmed third party has a claim for compensation for damages to the extent that the member or the third party can prove intent or gross negligence by uemis DiveWorld. Liability for consequential damages of any kind is precluded to the extent permitted by law. This applies to both indirect and direct losses as well as to lost profits.
10.1 The member indemnifies uemis DiveWorld against all claims, including claims for compensation for damages, that other members or other third parties make against uemis DiveWorld due to a infringement of their rights by the content entered by the member at the uemis DiveWorld web site. The member also indemnifies uemis DiveWorld against all claims, including claims for compensation for damages, that other members or other third parties make against uemis DiveWorld due to the violation of their rights as a result of the use of the uemis DiveWorld web site services by the member. The member will pay all expenses incurred by uemis DiveWorld as a result of a violation of the rights of third parties, including expenses incurred for legal defense. All further rights and claims for compensation for damages of uemis DiveWorld remain unaffected.
The above obligations of the member shall not apply to the extent that the member is not responsible for the relevant rights infringement.
10.2 If the rights of third parties are infringed by the member's content, the member will, at the election of uemis DiveWorld, procure the right to use the content at the member's own expense for uemis DiveWorld, or will configure the content to be free of protected rights. If the rights of third parties are infringed by the member as a result of the use of the uemis DiveWorld web site services, at the request uemis DiveWorld the member will immediately cease the use that is unlawful and/or in violation of the contract.
uemis DiveWorld is aware that it is of extreme importance to the members that the personal data they provide to uemis DiveWorld be handled with particular sensitivity. uemis DiveWorld therefore complies with all relevant legal data protection requirements (Swiss Data Protection Act, for example). In particular, uemis DiveWorld will not provide the personal data of members to third parties without authorization, or otherwise make third parties aware of it. The details for processing members' data are governed in uemis DiveWorld's data protection provisions, which can be accessed from any page on the uemis DiveWorld web site.
12.1 By making a contribution to uemis DiveWorld (dive site, dive facility, emergency address, and so forth) in a forum, in the blogs, and so forth, the member grants to uemis DiveWorld an unlimited, irrevocable and transferable right to use the respective contribution, which entitles uemis DiveWorld to any type of use, including the permanent maintenance of the contribution in particular both at uemis DiveWorld and on the web sites of our collaborative partners, as well as other marketing.
12.2 As such, uemis DiveWorld has the right to use all contributions in the various segments in which it operates. Any reproduction or use of the contributions or their contents in other electronic or printed publications is not permitted without the express written consent of uemis DiveWorld. Copying, downloading, disseminating, distributing and storing the content from uemis DiveWorld or third parties is not permitted without express consent, with the exception of caching in the context of visits to the various categories.
13.1 The contract and amendments to it must be in written form. There are no ancillary agreements.
13.2 uemis DiveWorld reserves the right to amend these General Terms and Conditions at any time without providing reasons; uemis DiveWorld will notify the member regarding amendments to the General Terms and Conditions in a timely manner. If the member does not object to the applicability of the new General Terms and Conditions within two (2) weeks after notification, the General Terms and Conditions are considered accepted by the member as amended. In the notification, uemis DiveWorld will notify the member of his or her right to object, and of the importance of the deadline for objections. The version used here is current as of March 2008.
If the member objects to the applicability of the new General Terms and Conditions within the two week period, uemis DiveWorld is entitled to immediately terminate the membership in accordance with Section 6.3.
13.3 To the extent that nothing is stipulated otherwise, the member can provide and convey to uemis DiveWorld all declarations to uemis DiveWorld via email using the contact form that can be accessed from each page on the uemis DiveWorld web site. uemis DiveWorld will convey declarations to the member via email to the address that the member identified as current contact data in his or her member account.
13.4 If individual provisions of these General Terms and Conditions are or become invalid, the validity of the remaining provisions will not be thereby affected. The parties to the contract are obligated to replace an invalid provision with a valid provision that has governing content that is as close as possible to the commercial intention and purpose sought with the invalid provision. The same applies if there are gaps in the contract.
13.5 The location of the registered offices of uemis DiveWorld is the place of performance.
13.6 The location of the registered offices of uemis DiveWorld is the exclusive legal venue for all claims arising from or in connection with these General Terms and Conditions and the use of the uemis DiveWorld web site.
13.7 Only substantive Swiss law is applicable, to the exclusion of the UN Convention on Contracts for the International Sale of Goods as incorporated into Swiss law.