TERMS AND CONDITIONS OF USE
All Website design, text, graphics, photographs and the selection and arrangement thereof, and all source code and all other material on this Website are copyright DIVE Magazine or its content providers, unless otherwise expressly indicated. All rights reserved. You are permitted to print or download extracts from this material for your personal use only. None of this material may be used for any commercial or public use. No part of the Website or any material appearing on the Website may be reproduced or stored in or transmitted to any other web site. No material appearing on the Website may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of DIVE Magazine. Any other use of the material and content of the Website is strictly prohibited. You agree that you will not (and will not assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
2. CONTENT SUBMITTED TO THE WEBSITE
You acknowledge that DIVE Magazine does not always monitor Content (as defined below) submitted by users, but that DIVE Magazine shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Website. Without limiting the foregoing, DIVE Magazine shall have the right to remove any Content that violates the Terms and Conditions of Use or is in any other way inappropriate or objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You may not submit third party proprietory information to DIVE Magazine without first obtaining permission from the owner. Any Content provided by you by, for example, posting messages to bulletin boards or chat forums, uploading files, inputting data, or engaging in any other form of communication through this Website, although owned by you, is subject to a royalty-free, perpetual, non-exclusive, unrestricted, world-wide licence allowing DIVE Magazine to use, distribute, copy, sub-license, adapt, transmit, publicly perform or display any such content. You agree to irrevocably and unconditionally waive on your behalf in perpetuity in respect of such Content the benefit of any provision of law known as moral rights of authors or any similar law in any country.
3. LINK TO THIRD PARTIES
This Website may contain links to websites operated by parties other than DIVE Magazine. Such links are provided for your convenience only. DIVE Magazine does not control such websites, and is not responsible for their contents. DIVE Magazine's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. For example, users may be able to buy goods and services via the Website, some of which may be through third party retailers who link to the Website. Users may also enter into correspondence with or participate in promotions of advertisers on the Website. DIVE Magazine in no way endorses these third parties and any such transactions, dealings, correspondence with or participation in promotions of, third parties, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the corresponding user and the third party. DIVE Magazine assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.
4. MEMBER CONDUCT
You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not DIVE Magazine, are entirely responsible for all Content that you upload to, post on or otherwise transmit via this Website. DIVE Magazine does not control all the Content posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable.
You further understand that this Website contains or will contain bulletin boards, chat areas, review sections and other interactive areas, and you agree to use the Website in a way that is proper and related to the Website. For example, you agree that when using the Website you will not:
# Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, or invasive of another's privacy.
# Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or any Content (or use the Website in any manner) which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).
# Upload, post or otherwise transmit any Content that contains any patent, trademark, copyright or other intellectual property rights of any party, unless you own or control the rights thereto or have received all necessary permissions.
# Upload, post or otherwise transmit any material that contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of DIVE Magazine's Site or any servers or networks connected to DIVE Magazine or another's computer, or any chain letters, pyramid-selling schemes, bulk mail or mails bombs or other such programs.
# Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
# Restrict or in any way inhibit any other user from using the Website.
# Use the Website in a manner that is inconsistent with these Terms and Conditions and/or not in accordance with all relevant laws and regulations or for any illegal purpose.
6. DISCLAIMER / LIABILITY
Use of the Website and the facilities thereon, and any material or information obtained from this Website is at your own risk, and DIVE Magazine hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, expressed or implied, of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement. In addition, DIVE Magazine shall not be responsible for the failure of performance of this Website and/or the software used thereon; the loss of data or services resulting from delays, non-deliveries, or service interruption; the accuracy, quality or nature of information obtained through its services; nor the consequences arising from or related to any viruses transmitted through its servers, or any liability, costs, loss of profits or consequential losses arising from your use of, or inability to access this Website. In relation to Content uploaded by users, DIVE Magazine shall not be responsible for any such Content posted by users in chat rooms or other community areas. All such Content whether expressed as opinions, statements or recommendations, are those of users expressing such views and are not those of DIVE Magazine. Notwithstanding any other provision in these Terms and Conditions, nothing herein shall limit your rights as a consumer under English law. DIVE Magazine will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website, or products or services offered on the Website, whether by DIVE Magazine or on its behalf, for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special or indirect or consequential losses;
in any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred. Nothing in these Terms and Conditions shall exclude or limit DIVE Magazine's liability for death or personal injury resulting from the negligence of DIVE Magazine or that of its servants, agents or employees. You agree to indemnify DIVE Magazine in respect of any liability or any costs, loss of profits, loss of data, or consequential losses arising from a breach by you of any of the terms of this agreement, or arising out of your use of the DIVE Magazine Site.
7. ACCESS RESTRICTION
DIVE Magazine reserves the right to deny in its sole discretion any user access to this Website, or any portion thereof, without notice. DIVE Magazine also reserves the right to remove any Content that it deems in its sole discretion to be unacceptable, undesirable or in violation of these Terms and Conditions.
8. ONLINE COMPETITIONS
The rules set out below ("Competition Rules") apply to each competition DIVE Magazine runs on it's Site ("Competition"). By participating in each Competition the user as an entrant agrees to be bound by the Competition Rules (and any other rules which DIVE Magazine tell you apply to the Competition) and by the decisions of DIVE Magazine, which are final in all matters relating to the Competition. No correspondence will be entered into and DIVE Magazine reserves the right to disqualify any entrant and/or winner in its absolute discretion.
No purchase is necessary to enter a Competition. All prizes are non-transferable and no cash or credit alternatives will be offered. Arrangements for the fulfilment of prizes may be made by a third party sponsor. DIVE Magazine reserves the right in its sole discretion to substitute any and all prizes with prizes of comparable value. All entries must be received by the deadline for that Competition and late or incomplete entries will be disqualified. By you entering a Competition, if you are a winner, you grant DIVE Magazine permission to use your name and likeness for advertising and future promotional purposes.
By you entering a Competition you:
(a) acknowledge that DIVE Magazine may use such creative material for publication and promoting further competitions without further payment to you;
(b) warrant to DIVE Magazine that such creative material is wholly original to you (in the sense of not being copied), does not libel, defame, cause injury to, or invade the privacy of or otherwise infringe or violate the rights of any third party and the use of such creative material by DIVE Magazine will not infringe the rights of any third party; and
(c) consent to DIVE Magazine passing your name and address to any third party to deliver the prize or prizes to you.
Winner(s) will be notified by telephone or e-mail as soon as possible after the Competition draw/decision. If you are a winner, you may have to complete additional legal documents and return them to DIVE Magazine within three working days of receipt from DIVE Magazine. Non-compliance or notification returned as undeliverable as addressed will result in your disqualification as a winner and an alternative winner will be selected. The receipt, by you if you are a winner, of any prize is conditional upon compliance of any and all laws, rules and regulations including, without limitation, the Competition Rules and any further rules relating to such Competition as DIVE Magazine may impose. Winners are solely responsible for all insurance, applicable taxes and for any expenses not specified in the prize description including those associated incidental expenses associated with claiming the prize.
DIVE Magazine reserves the right to implement age requirements or other eligibility criteria where necessary. Competitions are not open to the employees of DIVE Magazine or those of affiliated companies and subsidiaries, nor to any sponsors, nor to the immediate families of such employees or sponsors. Winner(s) of the Competitions agree that neither DIVE Magazine nor its employees or any sponsors shall have any liability in connection with the acceptance or use of any of the prizes awarded herein. No responsibility can be accepted for entries lost of delayed in transmission or for damage or loss resulting from misdirected or incomplete entries arising from transmission and/or computer malfunctions, viruses, bugs or other similar causes.
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and DIVE Magazine concerning your use of the Website and supersedes any previous arrangement, agreement, undertaking or proposal, written or oral between you and DIVE Magazine in relation to such matters. No oral explanation or oral information given by either party shall alter the interpretation of these Terms and Conditions. You confirm that in agreeing to accept these Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms and Conditions save that your agreement contained in this paragraph shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Terms and Conditions. These Terms and Conditions of Use shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts. If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. DIVE Magazine's failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DIVE Magazine in writing. Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and DIVE Magazine.
As the publishers of DIVE, Syon Publishing Ltd is committed to respecting the privacy of its users. However, we do collect and use various bits of information about you through your use of this website, and this policy sets out the basis on which your personal data will be collected, stored and processed. The data collector for this website is Syon Publishing Ltd, with its registered office at 3.20 Q West, Great West Road, Brentford, Middlesex, TW8 0GP England. Please note that this policy only addresses our activities, and other sites to which this website links may have their own privacy policies and practices, which we do not control.
We shall ask you to supply personal information (data) to us in the following circumstances:
(a) when you wish to become a registered user of this website (www.divemagazine.co.uk) and/or
(b) when you wish to buy or utilise any of our products or services.
The personal data that we shall ask you to supply could include the following:
(a) your name, address, and email address; and
(b) your postcode and telephone number; and
(c) (if you make purchases) your credit card or other financial or payment details.
We may also ask you to provide other personal data to us for particular purposes, such as supplying our products or services to you. In each case it will be your decision as to whether you supply us with the information in question or not.
3. Use of your personal information
We shall only use your personal data for the following purposes where applicable:
(a) to identify you as a registered user of our website and to allow you to post messages on our forum;
(b) to provide you with products and services (which may include products and services that we supply in association with other businesses);
(c) to process any applicable payments from you;
(d) to send you information regarding our products and services with your consent;
(e) to send you information regarding the products and services of other businesses with your consent;
(g) for our own internal purposes in connection with risk control, resolving consumer disputes; and
(h) for producing statistics and other information relating to our business and the users of our website.
WE WILL NEVER SELL YOUR EMAIL ADDRESS TO A THIRD PARTY or sell lists of emails to other companies. We do however send emails from our own email servers on behalf of advertisers from time to time. These are never spammy, they always provide value to the reader and the frequency is never more than 2 a week. DIVE magazine is FREE for the current issues, getting a few relevant, informative and interesting commercial diving emails from time to time is small price to pay for access. It allows us to stay FREE.
Any information or statistics relating to our business that we disclose to others shall not identify you personally. We may, for example, perform statistical analyses of the behaviour of the users of our website in order to measure interest in the various areas of our site and to tell advertisers how many users of our website have seen or "clicked" their advertising banners. This information, and any other general information about our users that we share with advertisers and other partners, will not disclose personal information about you.
4. Disclosure of your personal information
We shall only disclose your personal data to other people in the following circumstances:
(a) to verify and process any payment instructions that you give us when you order any of our products or services;
(b) to other businesses, when we are providing products or services to you in association with those businesses (see 3(b) above);
(c) to prepare or send any communications to you, or to assist us in connection with any of our administrative or business functions, or in the provision of any of our products or our services to you;
(d) to verify your credit worthiness or financial circumstances, for the purpose of making credit decisions, and in connection with fraud prevention and tracing debtors; and
(e) if we are asked to do by any legal or regulatory authority, or if we believe that it would be proper to do so in connection with any legal or regulatory matter.
Unless they are already legally bound to keep your personal data confidential, we shall enter into agreements with anyone to whom we disclose your personal data under (a), (b), (c) and (d) above obliging them to keep your personal data confidential.
5. Sale and supply
We shall comply with the following restrictions in relation to your personal information.
(a) We shall not sell your personal data to anyone else.
(b) Subject to the exception in point 4(e) above, we shall not supply your personal data to anyone else so that they can use it for their own purposes. The only time your email address could be transferred to another party is if that party actually bought the brand DIVE magazine in its entirety. This would constitute the third paty actually becoming DIVE magazine.
6. Security of your personal information
We shall take steps to ensure that your personal data is kept reasonably secure whilst it is in our possession, and your credit card details will only be stored and transmitted by us in an encrypted form.
7. Other information that we collect
When you visit our site we may log IP addresses, or the location of your computer on the Internet, for systems administration and troubleshooting purposes.
We may collect information about your viewing habits when you visit our website through your IP address and by using cookies and other web tools in the following ways.
(a) Cookies. A "cookie" is a small electronic file that collects information when someone visits a website. A cookie can identify the pages that are being viewed, and this can assist us to select the pages that the viewer sees. Some cookies only exist whilst viewers are online, but "persistent" cookies - which are not session-based - remain on the viewer's computer, so that he or she can be recognised as a previous visitor when he or she next visits our website. This information allows us to collect information about a viewer's browsing habits, and this can be useful in assisting us to monitor and improve our services. We do not store sensitive information such as account numbers or passwords in "persistent" cookies, and cookies, in themselves, do not contain enough information to identify you. You will only acquire a personal identity in relation to your browsing habits after you have formally provide us with your personal data for the purposes outlined in point 3 above.
(b) GIF and other web tools. In addition to using cookies, we might also use GIFs and other web tools to collect information about your browsing activities. In this respect the information that is provided is similar to the information supplied by cookies, and we use it for the same purposes. Information that we automatically collect and analyse about you may include: the Internet Protocol (IP) address that you use to connect your computer to the Internet; your login, email address, and password; the computer and connection information relating to you (such as browser type and version, operating system, and platform); your purchase history; the full Uniform Resource Locators (URL) clickstream to, through, and from this website (including date and time); and any items you viewed or searched for. Any information that we acquire about you using cookies, GIFs or other web tools, or which we collect in any other way is subject to the same restrictions and conditions as any of the more formal personal data we collect about you.
NOTE. Some of the advertisements on our website may contain cookies, GIFs, or other web tools that are set by other people such as advertising agencies, or the businesses to which the advertisements in question relate. We do not have access to any information that might be collected in this way, and (if you are concerned) you should contact the advertiser for more information.
8. Amendments, cancellation, and contact us
At your request we shall make any amendments that you stipulate to the personal data that you have supplied us with. If you require it we shall also remove your name and personal data from our database. This shall be on the basis that you shall be deemed to have cancelled any contract or licence you may have had with us that the personal data in question related to, and (as we shall not have been at fault in those circumstances) you shall not be entitled to any compensation or refunds in relation to the cancellation of the applicable contract or licence.
SYON PUBLISHING LTD is a company incorporated in England and Wales under Company Number 7265915.
Registered Office: 3.20 Q West, Great West Road, Brentford, Middlesex, TW8 0GP
DIVE - the magazine diving deserves
We produce a beautiful, top quality print magazine quarterly and a monthly digital additional available on both IoS and Android. We also have a dynamic and exciting website which has been optimised for use on mobile phones. And we send out regular e-newsletters to our ever-growing bands on readers. You can also enjoy great content from DIVE on Facebook, Twitter and Instagram.
The print edition is our flagship and publishes the very best underwater images and stunning, well-researched articles. A must for anyone who loves our oceans and diving.
We have been publishing DIVE since 1995 and we have an unparalleled archive of content available online. Our app gives you access to every issue of the magazine back to May 2010.
We are read by more than 200,000 divers in 165 countries around the world.
DIVE magazine is the leading dive magazines in the world, with stunning photography, great writing and first class design. DIVE is editorially independent and appeals to ALL divers, whatever their training background.
If you would like to contact DIVE magazine you can use the details below
Great West Road,
Tel: 020 8332 8410
Tel: +44 (0)20 8332 8410
Tel: +44 (0)20 8332 8416
Mark 'Crowley' Russell