Divepics: Terms and Conditions

Disclaimer
Divepics.co.uk have taken great care in the preparation of the contents of this Web Site, and has taken every effort to ensure that the information published on this web site is accurate. However, we cannot accept any liability for the accuracy or content.

Divepics.co.uk limits our liability to the extent permitted by law for any losses or damage whatsoever (whether direct or indirect) from the use or inability to use this site or from any electronic or telecommunciation failure. These terms shall be governed by English law.

Availability of services
All the Products and Services described are subject to availability and may be withdrawn or varied at any time (unless a contract has been entered into between us).

Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the control of Divepics.co.uk.

Downloads
All files included in this website, including those which are available for download (such as, but not limited to JPEG files) are thoroughly checked at the point at which they are added, to ensure that they work correctly and are free from viruses and the like. Please note, however, that any software or files downloaded from this website are done so at your own risk. If you are unsure about the suitability of software to be downloaded from this web site, please obtain specialist advice before downloading. It is also your responsibility to ensure that no viruses enter your computer system.

Should any downloaded content prove defective, you (and not Divepics.co.uk) assume the entire cost of all necessary corrections.

Privacy Policy
This website does not capture or store personal information from site visitors, other than to log the user's IP address and session information such as the duration of the visit to the site and the type of web browser used.

We do not use cookies for collecting user information from the site. Other websites linked from this site are not covered by this privacy policy.

Links to External Websites
Divepics.co.uk is not responsible for the content, accuracy of information or reliability of any linked external web sites and does not necessarily endorse the views expressed within them. Listing should not be taken as endorsement of any kind. We cannot guarantee that these links will work all of the time and we have no control over the availability of the linked pages.

Copyright and Intellectual Property Rights
Copyright (including, without limitation, all image, audio and video rights, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual property rights in any jurisdiction) in any information, content, materials, data or processes contained in or to this Web Site belong to Divepics.co.uk. The rights in design of this website belong to Visual Foundry Limited.

All rights of the Divepics.co.uk and Visual Foundry Limited are hereby reserved.

Copy and use of the Divepics logo is not permitted without prior approval of Divepics.co.uk. Should you wish to use our logo, please tell us who you are, the organization you represent (if any), and how and why you wish to use our logo. Please also include your contact details, including name, address, telephone number, fax number and e-mail.

Use of any of the images used on this website is prohibited unless a license is purchased by you. See the notes below regarding this.

Licensing of images or other media from Divepics.co.uk
This is a legal contract between you and Divepics.co.uk. By downloading Content from our website, you have agreed to be bound by the terms of this Agreement in respect of that Content. If you do not accept or agree with these terms do not download the Content.

This is a license, not a sale. We continue to own the intellectual property rights in the Content. The Content is provided under the terms of the following license agreement ('Agreement') that states what you may and may not do with the Content and contains limitations on warranties and remedies.

Only you are permitted to use the Content. Any additional persons who wish to use the Content must download it from the Divepics.co.uk website themselves. Within this Agreement, 'we', 'our' and 'us' refers to Divepics.co.uk., and 'you' and 'your' refers to you, the customer.

This Agreement governs your use of Divepics.co.uk Content (namely, the photographic image or video clip, Flash file, or other material that you are downloading from the Divepics.co.uk website in conjunction with you entering into this Agreement with Divepics.co.uk ('Content').

We hereby grant to you a perpetual, non-exclusive, non-transferable license to use the Content on the terms and conditions contained in this Agreement. Unless the activity is expressly permitted, you cannot do it. All other rights to and in the Content and accompanying materials (if applicable), including, without limitation, all intellectual property rights relating thereto, are retained by Divepics.co.uk.

Use which is permitted:
You may:

install the Content in only one location; you may physically transfer the Content and its archives from one location to another, however it may only be used in one location at a time;
make a single copy of the Content solely for back-up purposes;
use the Content in the following applications:
(i) online or electronic publications, including web sites;
(ii) advertising and promotional projects, including printed materials, packaging, presentations, film and video presentations, commercials, books and book covers, greeting cards and postcards;
(iii) prints (i.e. a hard copy) and reproductions for personal use;
create derivative works which incorporates but is not substantially similar to the Content by incorporating the Content into your own work;
use the Derivative Works in the same manner as permitted in section 3(c) above, and in items for resale including t-shirts, mugs, calendars and mouse pads; and transfer files containing Content or Derivative Works to your clients, printers, or ISP for the purpose of reproduction, provided that such parties shall have no further rights to use the Content.
You may, upon request Divepics.co.uk, be permitted to download the Content again, at a location that we will provide for you;. If you continue to be unable to download the Content, Divepics.co.uk will refund the fee actually paid by you in respect of the use of such Content, provided we determine in its sole and absolute discretion that you have been unable to download such Content successfully.

Use which is NOT permitted:
You may not do anything with the Content that is not expressly permitted. You may not provide a copy of the Content, or any part thereof, to anyone or allow anyone to gain access to the Content, or any part thereof, except as permitted above. For greater certainty, you may not:

use the Content in design template applications for resale, including, without limitation, website or Flash-based templates and brochure design templates;
display the Content on websites designed to induce sales of 'print on demand' products, including postcards, mugs, t-shirts, posters and other items;
use the Content in any posters (printed on paper, canvas or other mediums) or other items for resale;
use the Content or any part thereof as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
incorporate the Content in any product that results in a re-distribution of the Content (such as electronic greeting card web sites);
use the Content in a fashion that is considered Divepics.co.uk as pornographic, obscene, defamatory or libellous in nature;
use any image in the Content that depicts a person to endorse a business, product or service;
use any image in the Content that depicts a person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, contraband or crime;
to the extent that source code is contained within the Content or accompanying materials (if applicable), reverse engineer, decompile, or disassemble any part of such source code;
remove any notice of copyright, trade-mark or other proprietary right from any place where it appears on or in the Content or its accompanying materials;
sub-license, re-sell, rent, lend, or otherwise distribute the Content;
post a copy of the Content on a network server or web server for use by other users;
transfer the rights to the Content or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement.

Term:
This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content, and any Derivative Works related thereto, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content, and any Derivative Works related thereto, for any purpose. The Agreement also terminates if at any time you fail to comply with the terms of this Agreement. Upon termination of this Agreement, you hereby agree to destroy all copies and archives of the Content, and any Derivative Works related thereto, to cease using the Content, and any Derivative Works related thereto, for any purpose, and to confirm to Divepics.co.uk in writing that you have complied with these requirements.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND DIVEPICS.CO.UK, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND DIVEPICS RELATING TO THE SUBJECT OF THIS AGREEMENT.

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