And now for the small print. We try to make it as simple and straightforward as possible, but in order to protect you and of course ourselves, the following has to apply. Sorry.

earthdive.com Terms and Conditions

1. Legal Agreement.

This Agreement is a legal document which sets out your rights and obligations, and those of Earthdive Limited, ("www.earthdive.com", www.earthdive.co.uk "we" or "us"), a company registered in England and Wales under registration number 4730660 in relation to this site and the webpages offered by Earthdive Limited through the site. (The "earthdive.com Service"). By registering as a contributor of dive logs and/or observational data ("Contributor") to the earthdive.com Service, you agree to the terms of this Agreement. Visitors to the earthdive.com Service who do not register as Contibutors, or other third parties who are invited to contribute to the site content, (including, but without limitation, Dive Centres and Dive Clubs) also agree to be bound by the terms and conditions of this Agreement each time they access the earthdive.com Service. Earthdive Limited reserves the right to modify or change this Agreement in accordance with Clause 21 below.

2. Contributors.

When register for the earthdive.com Service you are entitled to become a Contributor. In addition to being able to browse the earthdive.com Service like any visiting non-member, Contributors enjoy some or all of the benefits listed below,:

2.1 to post their name and other details in the Global Divelog and any other interactive sections which appears in the earthdive.com Service from time to time;

2.2 elect to receive or not to receive emailed messages, which will be sent to the email address contained in ‘Your Details’ (which are provided during Registration and may be updated subsequently), and sent by other Contributors;

2.3 elect to receive emails selected during the Registration process (as added to, or de-selected, subsequently), such as regular newsletters.

2.4 to send email messages to other Contributors via the earthdive.com Service if those Contributors have elected to be contacted by other Contributors

2.5 post to any interactive forums that may be available on the earthdive.com Service from time to time.

2.6 to take part in Contributors competitions.

2.7 to take part in any online events organised through the earthdive.com Service

3. Duration

On completion of the Contributors Registration Form, you are agreeing to accept Contributorship for an indefinite period. Earthdive Limited reserves the right to subsequently restrict Contributorship to a specifically defined period. Any changes to the Contributorship period will be notified to you by email, using the email address provided by you at registration, or subsequently amended by you

4. Contributorship Petition

By agreeing to become a Contributor, you also agree to allow your name to be included in the earthdive petition in support of marine conservation, which will be presented to the United Nations at a time to be decided by Earthdive Limited

5. Your registration details

You undertake to register for the earthdive.com Service using accurate and current information about yourself - including your correct name, email address, dive qualification and any other requested details.

6. Fees.

There are no fees associated with Contributorship.

7. Privacy Policy.

The earthdive.com Privacy Policy forms part of this Agreement and is designed to protect you and your rights. By agreeing to this Policy, you consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the earthdive.com Service (including any which contain personal information) is, of course, accessible to other members, and to a lesser extent, non-members visiting the site.  The Privacy Policy can be found at the end of these Terms and Conditions

8. Limitation on control of content.

Visitors to the earthdive.com Service, whether Contributors or non-Contributors, acknowledge that we are not and cannot be responsible or accountable for the behaviour of Contributors - whether on the earthdive.com Service or outside of it. In particular, you should be aware that Earthdive Limited does not pre-screen or monitor the material contributed by Contributors.

9. Misuse or abuse of the earthdive.com Service.

9.1 We reserve the right to:

9.1.1 suspend or terminate any Contributor's access to the earthdive.com Service, or parts of it, and/or

9.1.2 to edit, or require the Contributor to edit, material posted on the earthdive.com Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the earthdive.com Service without our prior consent. You are responsible for everything which is done on or through the earthdive.com Service while your Contributorship account is logged on to the earthdive.com Service, or through your email address(es).

9.2 You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the earthdive.com Service, nor any activity or communication you make in connection with any earthdive.com Service, will be capable of

9.2.1 infringing the intellectual property or other rights of any person or entity,

9.2.2 breaching any applicable law, whether criminal, civil tort or otherwise, or

9.2.3 appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.

9.3 If you see anything on the earthdive.com Service which appears to infringe this Agreement, then please advise us by email. We do not generally monitor material contributed by Contributors or other provid before it is placed on the earthdive.com Service, and so we are reliant upon users to point out any which infringes this Agreement or has been inaccurately posted in good faith.

10. Additional Services.

Earthdive Limited or its affiliates may offer new or additional services through the earthdive.com Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you agree to comply with. Provided that those terms or rules are notified to you on the earthdive.com Service in an appropriate manner (as determined by Earthdive Limited in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

11. Operation of earthdive.com Service.

Earthdive Limited reserves the right to withdraw or modify one or more aspects of the earthdive.com Service where we have legal or technical reasons to do so (including technical difficulties experienced by earthdive.com or on the Internet). There may also be times when the earthdive.com Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the earthdive.com Service.

12. Relevant use.

The earthdive.com Service is intended to be used by its Contributors for the purposes referred to in Clause 2 above. Accordingly, Members must not:

12.1 include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the earthdive.com Service . Contributors can share this information, should they wish, once direct contact has been made via the earthdive.com Service

12.2 place material on, or otherwise use, the earthdive.com Service for any business or commercial purpose.

12.3 use your access to the earthdive.com Service, or information gathered from it, for the sending of unsolicited bulk email.

13. Withdrawal of material and Termination of Contributorship.

Each Contributor acknowledges that we are entitled to withdraw any material on the earthdive.com Service which appears whether based on information received from Contributors or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the earthdive.com Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the earthdive.com Service, and that we are reliant upon you and other users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the earthdive.com Service.

14. Disclaimer and Release.

Earthdive Limited has no control over or responsibility for the truth or accuracy of any material available on the earthdive.com Service, whether provided by Contributors or others.

14.1 If any third party sites are linked to from the earthdive.com Service, this does not mean that we endorse or have any responsibility for the site in question or anything that appears on it.

14.2 Even though prohibited from doing so, Contributors may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.

14.3 Your use of the earthdive.com Service is entirely at your own risk. Accordingly, to the extent that the law permits, you release Earthdive Limited, its directors, shareholders, contractors and employees from all liability arising out of or in connection with use of the earthdive.com Service and the material included here by Contributors and other third parties.

15. Intellectual Property Rights.

15.1 You acknowledge that all copyright, trademarks, and other intellectual property in and relating to the earthdive.com Service (including the material which is contributed by Contributors) is owned by Earthdive Limited.

15.2 The copying, distribution, public presentation or creation of any derivative work from the earthdive.com Service, or any of the material which is found on the earthdive.com Service is prohibited without our prior agreement and the payment of any agreed fees.

15.3 By submitting any material to the content to the earthdive.com Service, you:

15.3.1 are representing that you are fully entitled to do so;

15.3.2 grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and

15.3.3 authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

16. Excluded loss

We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Neither will Earthdive Limited be liable for any failure to perform of its obligations under this Agreement caused by circumstances beyond its reasonable control.

17. Non-excluded liabilities

Nothing in this Agreement limits Earthdive Limited from any liability that may not by law be excluded. Your statutory rights as a consumer remain unaffected.

18. Indemnity

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the earthdive.com Service.

19. Right of Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Earthdive Limited assign or dispose of this Agreement.

20. Entire agreement

This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the earthdive.com Service. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

21. Changes to this agreement

Earthdive Ltd reserves the right to change this Agreement from time to time, and publish the revised version on the earthdive.com Service. Should we do so, we will notify you of the fact that there are changed terms on the Home Page (www.earthdive.com) and the new version of these terms and conditions will take effect, and will govern all earthdive.com Services and your relationship with Earthdive Limited:

21.1 commencing four weeks after the date of posting (or such later date as earthdive.com indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the earthdive.com Service; or

21.2 immediately upon the date of posting (or such later date as Earthdive Limited indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of earthdive contact addresses.

22. Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

23 Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

24. Contacting Earthdive Limited.

You can contact us by post at our registered office

Earthdive Limited
The Old Malt House5 High Street
Tarring
Worthing
West Sussex
BN14 7NN
+44 (0)1903 218297
or by sending an e-mail to info@earthdive.com.

earthdive Privacy Policy

1.0 Introduction

1.1 We strongly believe that the privacy of personal information provided by Contributors should be protected. Earthdive Limited is fully compliant with the data protection legislation extant in the United Kingdom (Registration Number PZ7956238). We will notify you of any changes to this policy in the same way that we advise you of any changes in our Terms & Conditions above.

1.2 This Privacy Policy is a legal document which covers the treatment of personally identifiable information that you provide on registration; that we collect when you visit any Earthdive Limited web site and when you use the earthdive.com Service. This policy also covers our treatment of any personally identifiable information that our business partners share with Earthdive Limited. The policy does not apply to the practices of companies that Earthdive Limited does not own or control, or to persons that Earthdive Limited does not employ or manage. The policy should be read it in conjunction with the Earthdive Limited Terms & Conditions above, of which this Privacy Policy forms part.

2.0 Sharing and Using Information

Earthdive Limited will not sell or rent your personally identifiable information to anyone. We will send personally identifiable information about you to other companies or persons when:

2.1 We have asked for and received your consent to share the information;

2.2 We need to share your information to provide the product or service you have requested;

2.3 We need to send the information to companies who work on our behalf to provide a product or service to you; (Neither do these companies have any right to use the personally identifiable information we provide to them beyond that which is necessary to assist us.);

2.4 We respond to subpoenas, court orders, any legitimate request by authorities with which we must comply by legal process.

3.0 Registration details

When you register for Contributorship, you provide your name, your diver qualifications, your email address and other optional information. These details can be changed at any time using Edit my profile.

3.1 Cookies
So that we can enhance your experience when you use the earthdive.com Service, we set and access small files know as cookies on your computer: to retain your login information so that your Global Divelog records can be accessed and updated whenever you visit the site; to help optimise your use of the earthdive.com Service session we use session cookies which terminate when your session times out or when you log off.

3.2 Email addresses.
earthdive does not provide direct access to your email address to any other persons, including other Contributors. If other Contributors wish to contact you, they can only send a message using contact this diver on the web site. We will send the email on the sending Contributors behalf, with a copy to the sending Contributors own email inbox. The email that we send on behalf of the sending Contributor will include the sending Contributor's email address. This allows the Contributorship receiving the message to respond directly to the sender. Please remember that if you have an auto-reply facility enabled, your email address will be visible to anyone who sends you an email. You can change your email address with Edit my profile.

3.3 Global Dive Log
Information that you enter in the Global Dive Log will be able to be viewed by all visitors to the earthdive.com Service. Visitors will be able to see your forename and surname, your dive qualification level (if you have provided this) and a list of your dives by location and date. In addition visitors will be able to view your complete dive information as logged by you, including your Training Agency and certification number if provided, the type of dive, the dive times and duration, your air consumption, the prevailing conditions and any notes that you have made about the dive. Members may also be able to access the information above by using the sites search facility. Information entered by you in the Global Dive Log can be edited by you in theEdit log page. Notes entered into yourPersonal Notes section cannot be viewed by any other member, non-member or visitor.

3.4 Science Log
Earthdive Limited will make information collected in the Science Log available to members and other interested parties, including marine scientists and biologists, NGOs and other bodies. We will not disclose any personal information when doing so. Security Access to our members information database is protected by a number of security measures and access is restricted within our organisation. However, it remains each Contributor's responsibility to protect against unauthorised access to personal information;

3.5.1 to avoid unauthorised access by anyone else to the earthdive.com Service through the machine that the Contributor uses while they are "logged on" to earthdive.com Service;

3.5.2 to log out from the earthdive.com Service when it is not being used;

3.5.3 and to avoid disclosure of the Contributors password.

4.0 Transfer of data

In the event that all or part of the business assets of Earthdive Limited are acquired by or transferred to a third party, we may transfer personal data we then hold to that party. We will notify you in advance should this event take place.

5.0 Opt-out policy

You may have your registration details removed at any time. To have your details removed, send an email toinfo@earthdive.com and we will remove all of your registration details.

6.0 Data Processing location

The personal information held by us is held on and processed by computers situated in the United Kingdom.

7.0 Access to your personal information.

You are entitled by law to request a copy of any information that we hold about you. Please note that by English law we are entitled to make a small charge for providing this information

8.0 Links to third party sites.

Our site contains links to other sites not controlled by Earthdive Limited. We are not responsible for the content or Privacy Policies and practices of those sites

9.0 The Information Commissioner.

Further information about data protection laws can be obtained by visiting the Information Commissioner's website at www.dataprotection.gov.uk. This site also contains information about the Earthdive Limited Data Protection Notification.