APPLICATION TERMS AND CONDITIONS
Logbook Ocean Conservation Inc.
1. TERMS OF SERVICE
1.1 The Logbook Service (the “Service”) is made available to you by Logbook Ocean Conservation Inc with its address at 2093 Philadelphia Pike #1004 Claymont, DE 19703 subject to these Terms of Service (the “Terms”) and in accordance with Logbook’s Privacy Policy (the “Privacy Policy”). You agree to comply with these Terms and any supplemental terms which Logbook makes available to you on the Services which shall form part of the Terms.
1.2 Agreement to these Terms is presumed once you access, upload, download, sign up or register to any provision of our Services. If you do not agree with these Terms, do not make use of our Service.
1.3 Should the Service be used on behalf of a company or entity which you have the authority to represent, that company or entity will be bound by these same Terms.
1.4 The Service cannot be provided without Logbook processing data about you and other users. Processing of the data you share with Logbook is essential to the Service which we provide and a necessary part of our performance of the agreement we have with you. The processing of data is governed by our Privacy Policy.
1.5 The Service is made up of the following aspects:
i. Offering opportunities to share your dives, diving experiences, connect with fellow divers, and discover others’ content.
Through our system, you can share information about your personal dives, tag whoever accompanied you, the location of the dive, technicalities about your experience, information about any equipment which was used, observations made during the experience and pictures taken related to the dive. You will also have the possibility to share information about your certifications. Our system may then endeavor to offer you content which might interest you such as different places where to dive and dives of other people. You may also be able to comment on other users’ posts and share your own experiences with them.
ii. Facilitating a connection for you with dive shops.
Our system simplified the search and connection with a dive shop which you might then choose to dive with. We offer a connection between yourself and the dive shop. Furthermore, our system facilitates the communication between users and dive shops with regards to standard medical questionnaires that are required by dive shops in order to assist with your desired diving experiences.
2. REGISTRATION
For the provision of our Service, you will be required to register and create an account. To this end, the following criteria must be satisfied:
2.1 Who may use Logbook
You must:
1. Be at least 16 years old
2. Not be prohibited from participating in any aspect of the Service under any applicable laws and regulations;
3. Not have previously had your account disabled due to a violation of law or our policy.
3. RESTRICTIONS OF USE
3.1 You may not impersonate others: You may not present yourself as someone you are not. You may not create an account on behalf of others unless you have their express permission, this includes accounts companies or entities. Furthermore, you may not create accounts or collect information in an automated way without our express permission.
3.2 You may not violate any of these terms or our policies.
3.3 You may not use our Service for any unlawful, fraudulent, misleading, illegal or unauthorized purpose.
3.4 You may not do or attempt to do anything which may interfere or damage the provision of our Service.
3.5 You may not act in a way which violates others’ rights, including others’ Intellectual Property, copyright, patent, trademark, trade secret, or rights of publicity or privacy.
3.6 You may not copy any part of the Services.
3.7 You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services which pertains to us or to third parties.
3.8 You may not access our system by other means other than the application itself.
3.9 You may not allow anyone else to use your account unless they are your authorised administrators.
3.10 You may not transfer your account to other persons.
3.11 You may not do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of our Services or activities carried out therein or otherwise than in accordance with the Terms.
3.12 Neither of your obligations or rights may be transferred without our prior consent.
3.13 You may not post content, including messages, that contains:
3.13.1 Nude, partially nude, lewd or sexually suggestive photos;
3.13.2 Private and/or confidential information;
3.13.3 A violation of rights of others;
3.13.4 Or amounts to abuse, harassment, threatening, impersonation, defamatory or intimidation of other persons;
3.13.5 Any viruses, worms, any other similar material of a destructive or invasive nature, or spam.
4. PERMISSIONS GIVEN TO US
4.1 Although we do not own your content, we have a license to use it.
4.1.1 No claim will be made that content posted on or through our Service is owned by us. Nevertheless, we are licensed by you that once content covered by intellectual property rights is shared on or in connection with our Service, you hereby grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This license is terminated once your content is deleted from our systems. Content may be deleted by yourself and it may be deleted either separately or, alternatively, all at once by deleting your account.
4.2 We may require downloads and installation of updates of our apps to your device.
5. YOUR RESPONSIBILITIES
5.1 You must not disclose your password with others.
5.2 Activities occurring under your account are your sole responsibility.
6. OUR RIGHTS
6.1 Usernames or other identifiers on your account selected by you may be altered if these are inappropriate or if such action is warranted (such as if it infringes another’s rights or impersonates someone else.) Furthermore, you may not use a domain name or URL in your username without our explicit consent.
6.2 We may forfeit your username at any time should the account be terminated, be inactive, violates any term or mark, or may mislead users.
6.3 You may only use our intellectual property and trademarks or similar marks as permitted by us through our policies or through our prior expressed consent.
6.4 We may terminate or modify our Services for any reason, without any prior notice.
6.5 We may also alter these Terms at any time. You will be notified of material changes. Continued use of the Services would indicate your acceptance to the updated Terms.
6.6 We may refuse the provision of the Service to anyone at our discretion and at any time.
6.7 Notwithstanding anything to the contrary, our rights and obligations may be transferred to others at our discretion or by law.
7. CONTENT, CONTENT REMOVAL AND TERMINATION AND DISABLING OF YOUR ACCOUNT
7.1 We may delete content or information you share on our Service if we believe it violates our Terms and policies or if we are required to do so by law. Furthermore, we may refuse or stop providing our Service to you if we believe it will be in the best interests to our services and community or if you create risk or legal exposure for us, if you repeatedly infringe other people’s intellectual property rights, or if we are required to do so by law.
7.2 We may terminate our provision of Service to you, remove or block content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us.
7.3 In certain situations when your content is deleted by us, we will inform you of our decision to do so and provide you with the necessary instructions as to how to request that the content be reviewed. In some cases when we remove content, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems, or products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
7.4 Should you believe that your account was mistakenly deleted, you may contact us and we will endeavor to provide further information on the matter.
7.5 Furthermore, you may opt to voluntarily delete your account at any time.
7.6 We retain a right to disable or terminate your account for a “Good Cause” (violations of these Terms, laws, third party rights or privacy policies).
7.7 Amendments or waivers to this agreement must be expressly written and provided by Logbook.
7.8 Our Services may include the display of advertisements and promotions and you agree that we may place such material on, around and in conjunction with your content.
7.9 You represent and warrant that you own the Content posted by yourself on our Services or have a right to use as applicable, and that all applicable royalties, fees or amounts payable to other parties by reason of your content is payable by you and you hereby indemnify or hold us harmless for any breaches to this effect.
8. LIABILITY
8.1 We strive to offer a secure, safe and error-free Service and to this end, reasonable skill and care will be used to offer a quality Service. However, there may be disruptions, delays or other imperfections and provided that we have acted diligently, will not be liable for losses not cause by our breach of these Terms or other acts; losses not reasonably foreseeable by us and yourself at the time of agreeing to these Terms; offensive, unlawful, inappropriate, obscene, or otherwise objectionable content posted by others that you may encounter on our Service; and events beyond our reasonable control.
8.2 There may be situations whereby our security measures will be unable to prevent hackers illegally accessing our system or your account. In such situations, you must notify Logbook of any unauthorized access to your account, or any other breach of security, and confirm that you understand all risks of unauthorized access to Logbook Data and any other information or content you provide to us.
8.3 The Service provides a platform to connect divers and as a source of information about diving venues and shops. Logbook is not responsible for interactions between users (including dive shops) and therefore does not have control over the accuracy, truth, quality, legality or safety of posts by other users.
8.4 Users are able to share information about their certifications. Logbook is not responsible to confirm and verify these qualifications and abilities of divers. You are required to exercise diligence, common sense and good judgement when interacting with other users.
8.5 Logbook shall not be held responsible for conduct by users and/or any other content on its site. You agree that any materials that you are exposed to are at your own risk.
8.6 You shall be the sole responsible individual for your conduct and any data or information, in any shape or form, that you submit and display on our Service shall be your responsibility.
8.7 To the extent permitted by the applicable law, and notwithstanding anything to the contrary, in no case will Logbook be liable for lost profits, loss of use, loss of data, incidental, indirect, consequential or direct damages, howsoever caused.
9. CHOICE OF FORUM AND CHOICE OF LAW
9.1 If any matter, dispute or claim arising out of the Services or these Terms cannot be settled amicably by you and us within a reasonable time, then the matter, dispute or claim shall be submitted exclusively to the jurisdiction of the Courts of Malta.
9.2 These Terms shall be governed by, and shall be construed in accordance with the prevailing laws of Malta.
10. UPDATES TO THESE TERMS
10.1 Changes to our Service and policies may be adopted from time to time. Furthermore, we may make changes to these Terms accordingly. We will notify you in particular in case of material changes to these Terms. If you continue to make use of our Service, you will automatically be bound by the new Terms. If you do not agree to our updated Terms, you may delete your account.