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CROWD TECHNOLOGIES, S.L. (en adelante, "SCUBACROWD")
Gran Via de les Corts Catalanes 636, 2ºC, 08010 Barcelona
Dirección de correo electrónico: firstname.lastname@example.org
N.I.F. nº B65913568
Written in the Merchant Registry of Barcelona, Volume 43578, file 183, page nº B 432698, inscription 1
These general conditions for access and usage (hereinafter referred to as "Conditions for Access and Usage") regulate the access and utilization of the Website www.scubacrowd.com by SCUBACROWD which aims to disseminate information regarding activities promoted by SCUBACROWD and for the presentation of a wide and diverse range of services (hereinafter referred to as the "Website").
Amongst the contents, the Users can access information and hypertext links about Scuba Diving Clubs situated around the world (hereinafter referred to as "Scuba Diving Clubs") The information available on the Website is provided by the Scuba Diving Clubs themselves, who have access the internal platform of the Website. This allows the Scuba Diving Clubs access to add content and information, modify and update texts, and to publish pricing for products and services. Therefore, SCUBACROWD cannot verify that any of this information is accurate, truthful, or updated.
1 - Information regarding the World of Scuba Diving
ScubaCROWD allows its Users to access information regarding activities within the World of Scuba Diving, on a global scale, with the objective of creating and sharing Scuba Diving experiences among its Users.
Entre otros contenidos, se pone a disposición del Usuario información y links a clubs de buceo de todo el mundo (en adelante "Clubs de Buceo"). La información que encontrará en el Sitio Web será proporcionada por los propios Clubs de buceo, quienes tendrán acceso a una plataforma interna que les permitirá ir aportando dicha información, modificarla, actualizarla, incluir los precios. Scubacrowd no puede verificar que la información sea precisa, correcta o actualizada.
2 - Purchasing products and services offered by Scuba Diving Clubs
The User has the ability to purchase products and services offered by Scuba Diving Clubs which are offered at real time by Scuba Diving Clubs at the Website. Each of these transactions may be subject to Special Conditions.
By purchasing products and services offered by Scuba Diving Clubs the User enters into a contractual relationship with the Scuba Diving Club.
The role of ScubaCROWD is only to act as an intermediary between the User and the Scuba Diving Clubs and to manage the Website platform where the Scuba Diving Clubs provide their information about products and services. ScubaCROWD also transfers User information to the Scuba Diving Clubs.
3 - Forum
Through the Forum service, the User can interact with other Users and share their opinions in respect to the World of Scuba Diving and the services provided by ScubaCROWD.
Accessing the Website at any time implies acceptance of the General Conditions for Access and Use. Therefore, we advise all Users to carefully read the terms and conditions before each usage. If any User does not accept the General Conditions for Access and Usage they must refrain from using the Website and viewing its content.
Any of the aforementioned services may be subjected to Special Conditions at any time. Henceforth, any of these special conditions or any other specific conditions for services offered by the Website will hereinafter be referred to as "Special Conditions".
Additionally, ScubaCROWD hereby informs all users that the Website´s General Conditions for Access and Usage, as well as the Special Conditions, may be modified, changed, and/or updated at any time without notice. For this reason we advise the User to carefully read the General Conditions of Access and Usage, and when applicable, the Special Conditions, before each usage.
To utilize any of these services, the User must create and activate a personal username and password as a registered User. These identification mechanisms constitute an electronic signature for the User in their relationship with SCUBACROWD, as well as other Users of the Website (hereinafter, "Electronic Signature"), in every situation.
The Electronic Signature of each User has its own personal and non-transferable character. It is the responsibility of the User to inform ScubaCROWD of any changes to their personal data and to exercise due diligence in preventing the access and use of their Electronic Signature by any third-party. The User is solely responsible for their Electronic Signature and will be held liable for the consequences that may arise from third-party use their Electronic Signature. Furthermore, the User will be fully responsible for all the consequences that may arise from consensual third party usage of the Electronic Signature, loss or theft, and unauthorized use the Electronic Signature.
In all cases, the User is responsible for their Electronic Signature, its custody, and its proper usage. The user must refrain from using their Electronic Signature in an illegal manner or in any way that violates the real time General Conditions for Access and Usage. The User also agrees not to violation of any of the Special Conditions that may apply.
2.1 - The User declares that they are of legal age, having legal capacity to be bounded to the Website´s General Conditions for Access and Usage, as well as the Special Conditions when applicable. Furthermore, the User agrees to use the website with due diligence when viewing the content within, and always under full compliance of the rules and regulations, which are applicable at all times.
2.2 - For all minors or Users under the legal age, parental or legal guardian authorization is required before using the Website and its services.
SCUBACROWD makes its best effort to keep the Website running properly, without errors, and when needed, to make repairs. SCUBACROWD also makes every effort to keep the material displayed up to date. However, SCUBACROWD cannot guarantee the availability or continuity of access to the Website. Furthermore, SCUBACROWD cannot guarantee that the Website will be free from errors or that the material is updated. The User must accept to these conditions and use their maximum care and due diligence when accessing, viewing, and using the Website, its contents, information, and services.
SCUBACROWD reserves the right to modify, delete, and/or update the information contained on its Website at any time and without any notice. This includes the Website’s presentation and configuration.
The information regarding Scuba Diving Clubs (images, photographs, price lists for services, and other conditions) that is incorporated into the Website has been added by the Scuba Diving Clubs themselves (hereinafter "Information About Scuba Diving Clubs"). The role of SCUBACROWD as the owner of the Website platform is merely to present a simple service contact between the Diving Clubs and the individual users without exercising control over the information regarding the Scuba Diving Clubs.
Therefore, SCUBACROWD cannot guarantee the truthfulness or accuracy of the Information About Scuba Diving Clubs, nor if this information is up to date. Therefore, SCUBACROWD is not liable for damages of any nature arising from a lack of truthfulness, accuracy, or completeness and/or the timeliness of the Information About Scuba Diving Clubs.
Through this service, the User can consult the opinions of other Users in regards to information about Scuba Diving Clubs and SCUBACROWD, free of charge.
The User agrees to, and is obliged to restrain from, providing text in any forum that in any way constitutes a violation of the rules or regulations, or texts that are damaging to the culture of the webpage, customers, or the upstanding commercial image of the Scuba Diving Clubs or of SCUBACROWD.
In regards to the contents, information, and public opinions contained within the Website, the author shall be held responsible and they give direct consent to the dissemination of their contents through the Website.
ScubaCROWD is not liable for any possible consequences that may result from the improper usage of, or the negligence of Users, in regard to Forum contents.
Both the access to the Website and the usage of any information contained herein is under the sole responsibility of the User. Therefore, SCUBACROWD is not responsible for any damages or losses that may arise either directly or indirectly from the access or usage of the information contained on the Website.
Furthermore, SCUBACROWD also contests that the complementary information and contents on the Website are for informational purposes only and therefore SCUBACROWD will assume no responsibility for any damages or losses arising directly or indirectly from the User’s usage of the provided information.
Additionally, SCUBACROWD is not responsible for any losses or damages to the User’s software or hardware that may arise from accessing the Website.
4.1 - The User acknowledges and voluntarily accepts that the usage of the Website, under every situation, is under their sole responsibility, making them liable for damages of any kind that SCUBACROWD may suffer as a result of their breach of any of the obligations that the User is subjected to by the General Conditions of Access and Usage, as well as the Special Conditions, when applicable, or to any violation of the law in connection with the use of the Website.
5.1 - SCUBACROWD assumes no responsibility for the connection or contents of the third-party websites accessed through links on the Website. Furthermore, the existence of these links implies no SCUBACROWD endorsement, promotion, guarantee, or recommendation.
5.2 - In addition, any third-party who wishes to include a link directing to the Website must obtain express and written permission from SCUBACROWD before the link is activated or published. In any event, SCUBACROWD is not liable for any connections to third-party websites, the transfer itself, or the content of the third-party website.
7.1 - Aforementioned in condition 2.3, the Information About Scuba Diving Clubs is the sole property of these individual Scuba Diving Clubs, respectively.
7.2 - All of the contents of the Website (including but not limited to: data bases, images, photographs, patients, utility and industrial models, drawings, graphics, archives of texts, audio, video, and software) are the property of SCUBACROWD, of the Users of the Website (as set out below in condition 7.3), or of SCUBACROWD’s content providers. This material is licensed or transferred by licensed owners and it is protected by Spanish and International Intellectual and Industrial Property Law. The compilation (here, in reference to the collection, design, arrangement, and assembly) of all of the content available on the Website is the exclusive property of SCUBACROWD and it is protected by applicable legislation and intellectual property laws.
7.3 - The User claims ownership to all of the content and information published on the Website by their name. By this, the User concedes their content and information protected by intellectual property laws, accepting a non-exclusive license, subjected to the Websites rules and regulations, and thereby making it accessible by any country in the world with internet activity. The aforementioned license ends once the User decides to remove said content or information, except in relationship to content that has been shared by others or by those who have decided not to delete it.
In the event that a User wishes to report alleged infringements of intellectual property rights in regards to their content and information published on the Website, they must notify SCUBACROWD via email at email@example.com.
7.4 - All of the software used in the development and usage of the Website is the sole property of SCUBACROWD or of their software suppliers and it is protected by intellectual property and industrial laws.
7.5 - The trademarks, emblems, distinctive signs, and logos that appear on the Website are owned by SCUBACROWD and they are duly registered or in the registration process. The names of other products, services, and companies that appear on the Website may be registered trademarks or distinctive signs of other companies in respect to their rightful owners.
7.6 - All of the texts, graphics, videos, and supportive audio are the property of ScubaCROWD, or of their content providers, and they may not be subsequently modified, copied, altered, reproduced, adapted, or translated by the User or by third-parties without the express authorization of the owners of such content.
7.7 - All of the provisions of the information available to the User in regards to the Information about Diving Clubs, data bases, images, photographs, patents, utility and industrial models, drawings, graphics, text archives, audio, video, and software of the Website is the property of SCUBACROWD, of the Scuba Diving Clubs, or of the Website´s content providers do not implicate, in any event, the succession of their rights nor the transfer of ownership for others Users and it does not constitute the legitimate usage of, or the consent of, the re-usage by others of the content provided on the Website.
7.8 - It is absolutely prohibited to use any of the information available on the Website without authorization by ScubaCROWD. This includes but is not limited to its exploitation, reproduction, dissemination, transfer, distribution, transfer by any means, future publication, exhibition, public communication, or total or partial representation. Any of these situations may constitute infringements upon protected intellectual property of ScubaCROWD, as protected by legislation.
8.1 - All of the Conditions for Access and Usage are equally applicable to any User who accesses the Website via their mobile phone or other sort of mobile devise.
8.2 - To this regard, we hereby inform all Users of ScubaCROWD does not charge for mobile access the content of the Webpage, however, the standard and individual operator rates do apply depending on the User´s service for the downloading and sending of data.
8.3 - ScubaCROWD is not responsible for any data and phone service provider restrictions that may impede or deny the User access to ScubaCROWD normal contents and services.
9.1 - The access and usage of the Website shall be governed by, and constituted under Spanish legislation.
9.2 - 9.2. Any dispute that may arise between ScubaCROWD and any User or third-parties shall be settled in the Courts of Barcelona, Spain, with consideration only to the original Spanish document of these terms and conditions and not any translations.