Last Revised on January 01, 2021
AGREEMENT BETWEEN CUSTOMER AND Magli Industries Inc. DBA BareDiver Scuba and Travel
Welcome to the www.barediver.com website (the “Website”). This Website is provided solely to
assist
customers
in gathering travel information, determining the availability of travel-related goods and
services, making
legitimate reservations or otherwise transacting business with travel suppliers, and for no
other purposes.
The
terms “we”, “us”, “our” refer to MAGLI INDUSTRIES, Inc. DBA BareDiver Scuba & Travel, a Georgia
corporation. The term
“you” refers to the customer visiting the Website and/or booking a reservation through us on
this Website,
or
through our customer service agents.
This Website is offered to you conditioned upon your
acceptance
without modification of all the terms, conditions, and notices set forth below (collectively,
the “Terms of
Use”
or “Agreement”). Please read the terms of Use carefully. By accessing or using this
Website,
booking
any travel products or services on this Website, or contacting our call center agents, you agree
that the
Terms
of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or
make
bookings
through this Website or our call center agents. We may at any time change these Terms of
Use and your
continued use of this Website is conditioned upon acceptance of the updated Terms of Use.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of
age; (ii) you
possess the legal authority to create a binding legal obligation; (iii) you will use this
Website in
accordance
with these Terms of Use; (iv) you will only use this Website to make legitimate reservations for
you or for
another person for whom you are legally authorized to act; (v) you will inform such other
persons about the
Terms of Use that apply to the reservations you have made on their behalf, including all rules
and
restrictions
applicable thereto; (vi) all information supplied by you on this Website is true, accurate,
current and
complete, and (vii) if you have a web account, you will safeguard your account information and
will
supervise
and be completely responsible for any use of your account by you and anyone other than you. We
retain the
right
at our sole discretion to deny access to anyone to this Website and the services we offer, at
any time and
for
any reason, including, but not limited to, for violation of these Terms of Use.
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PROHIBITED ACTIVITIES
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
If your booking or account shows signs of fraud, abuse or suspicious activity, we may cancel any
bookings
associated with your name, email address or account, and close any associated travel
accounts. If you
have
conducted any fraudulent activity, we reserve the right to take any necessary legal action and
you may be
liable
for monetary losses to us, including litigation costs and damages. To contest the
cancellation of a
booking or freezing or closure of an account, please contact Customer Service.
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SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of
travel-related goods
and
services that you select. Please read these additional terms and conditions
carefully. You
agree to abide by the terms and conditions of purchase imposed by any supplier with whom you
elect to deal,
including, but not limited to, payment of all amounts when due and compliance with the
supplier’s rules and
restrictions regarding availability and use of fares, products, or services. Airfare is only
guaranteed once
the
purchase has been completed and the tickets have been issued. Airlines and other travel
suppliers may change
their prices without notice. We reserve the right to cancel your booking if full payment is not
received in
a
timely fashion. Some hotel suppliers may require you to present a credit card or cash
deposit upon
check-in to cover additional expenses incurred during your stay. Such deposit is unrelated
to any
payment
received by us for your hotel booking. You acknowledge that some third-party providers
offering
certain
services and/or activities may require you to sign their liability waiver prior to participating
in the
service
and/or activity they offer. You understand that any violation of any such supplier’s rules and
restrictions
may
result in cancellation of your reservation(s), in your being denied access to the applicable
travel product
or
services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting
your account
for
any costs we incur as a result of such violation.
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PRIVACY POLICY
We believe in protecting your privacy. Please click here to review our current Privacy Policy,
which also
governs
your use of the Website, to understand our practices: Privacy Policy.
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REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by
electronic
mail,
postings on this Website or otherwise, including any hotel reviews, questions, comments,
suggestions, ideas
or
the like contained in any submissions (collectively, “Submissions”), you grant barediver, and
its
subsidiaries and corporate affiliates (collectively, the “barediver Companies”) and the
affiliated,
co-branded and/or linked website partners through whom we provide service (collectively, the
“barediver
Affiliates”), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully
sublicensable
right
to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works
from and
publicly
display and perform such Submissions throughout the world in any media, now known or hereafter
devised; and
(b)
use the name that you submit in connection with such Submission. You acknowledge that the
barediver
Companies may choose to provide attribution of your comments or reviews (for example, listing
your name and
hometown on a hotel review that you submit) at our discretion, and that such submissions may be
shared with
our
supplier partners. You further grant the barediver Companies the right to pursue at law any
person or
entity
that violates your or the barediver Companies’ rights in the Submissions by a breach of these
Terms of
Use.
You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no
responsibility
and assume no liability for any Submissions posted or submitted by you. We have no obligation to
post your
comments; we reserve the right in our absolute discretion to determine which comments are
published on the
Website. If you do not agree to these Terms of Use, please do not provide us with any
Submissions.
You
are
fully responsible for the content of your Submissions, (specifically including, but not limited
to, reviews
posted to this Website). You are prohibited from posting or transmitting to or from this
Website: (i) any
unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content
that would
violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial
material or
content (including, but not limited to, solicitation of funds, advertising, or marketing of any
good or
services); and (iii) any material or content that infringes, misappropriates or violates any
copyright,
trademark, patent right or other proprietary right of any third party. You shall be solely
liable for any
damages resulting from any violation of the foregoing restrictions, or any other harm resulting
from your
posting of content to this Website. You acknowledge that barediver, Inc. may exercise its rights
(e.g.
use,
publish, delete) to any content you submit without notice to you. If you submit more than one
review for the
same hotel, only your most recent submission is eligible for use.
barediver, Inc.’s
policies with
respect to claims by third parties that the content of the Website, including the content of any
Submissions,
infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section
below.
The Google®
Translate tool is made available on this Website to enable you to translate content such as
user-generated
hotel
reviews. The Google® Translate tool uses an automated process to translate text and this may
result in
inaccuracies. Your use of the Google® Translate tool is entirely at your own risk. barediver,
Inc. does
not
warrant or make any promises, assurances or guarantees as to the accuracy or completeness of the
translations
provided by Google® Translate.
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PREPAID HOTEL RESERVATIONS
You acknowledge that the barediver Companies pre-negotiate certain room rates with hotel
suppliers to
facilitate the booking of reservations on your behalf. You also acknowledge that the barediver
Companies
provide you services to facilitate such booking of reservations for a consideration (the
“facilitation
fee”).
The room rate displayed on the Website is a combination of the pre-negotiated room rate for
rooms reserved
on
your behalf by the barediver Companies and the facilitation fee retained by the barediver
Companies
for
their services. You authorize the barediver Companies to book reservations for the total
reservation
price,
which includes the room rate displayed on the Website, plus tax recovery charges, service fees,
and where
applicable, taxes on the barediver Companies’ services. You agree that your credit card will be
charged
by
the barediver Companies for the total reservation price. Upon submitting your reservation
request you
authorize the barediver Companies to facilitate hotel reservations on your behalf, including
making
payment
arrangements with hotel suppliers.
You acknowledge that except as provided below with
respect to tax
obligations on the amounts we retain for our services, the barediver Companies do not collect
taxes for
remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel
transactions are a
recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value
added tax, etc)
that
the barediver Companies pay to the hotel supplier for taxes due on the hotel’s rental rate for
the room.
The
hotel suppliers invoice the barediver Companies for tax amounts. The hotel suppliers are
responsible for
remitting applicable taxes to the applicable taxing jurisdictions. None of the barediver
Companies act
as
co-vendors with the supplier with whom we book or reserve our customer’s travel arrangements.
Taxability and
the
appropriate tax rate vary greatly by location. The actual tax amounts paid by the
barediver Companies
to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates,
taxability,
etc.
in effect at the time of the actual use of the hotel by our customers. We retain service fees as
additional
compensation in servicing your travel reservation. Service fees retained by the barediver
Companies for
their services vary based on the amount and type of hotel reservation.
You may cancel or
change your
prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in
the rules and
restrictions for the hotel reservation. If you do not cancel or change your reservation before
the
cancellation
policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72
hours) prior to
your
date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery
charges and
service fees. In the event you do not show for the first night of the reservation and plan to
check-in for
subsequent nights in your reservation, you must confirm the reservation changes with us no later
than the
date
of the first night of the reservation to prevent cancellation of your reservation.
You
agree to pay any
cancellation or change fees that you incur. In limited cases, some hotels do not permit changes
to or
cancellations of reservations after they are made, as indicated in the rules and restrictions
for the hotel
reservation. You agree to abide by the Terms of Use imposed with respect to your prepaid hotel
reservations.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that
we charge
for
our services (facilitation fee and/or service fee) in certain jurisdictions. For hotel stays in
New York
State,
but outside of New York City, tax recovery charges, as described above, are collected to cover
the taxes due
on
the rent received by the hotel for the room and there is no local hotel occupancy tax due on our
services.
The
actual tax amounts on our services may vary depending on the rates in effect at the time of your
hotel
stay.
You may not book more than 8 rooms online for the same hotel/stay dates. If we
determine
that
you have booked more than 8 rooms in total in separate reservations, we may cancel your
reservations, and
charge
you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit
will be
forfeited. If you wish to book 9 or more rooms, you must contact barediver group travel
specialists by
phone at or by filling out the group travel form online. One of our group
travel
specialists
will research your request and contact you to complete your reservation. You may be asked
to sign a
written contract and/or pay a nonrefundable deposit.
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INTERNATIONAL TRAVEL
You are responsible for ensuring that you meet foreign entry requirements and that your travel
documents,
such as
passports and visas (transit, business, tourist, and otherwise), are in order and any other
foreign entry
requirements are met. barediver has no special knowledge regarding foreign entry
requirements or
travel documents. We urge customers to review travel prohibitions, warnings,
announcements, and
advisories
issued by the relevant governments prior to booking travel to international
destinations.
Passport and
Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may
change and
you
should check for up-to-date information before booking and departure. We accept no liability if
you are
refused
entry onto a flight or into any country due to your failure to carry the correct and adequate
passport,
visa, or
other travel documents required by any airline, authority, or country, including countries you
may just be
transiting through. This includes all stops made by the aircraft, even if you do not leave the
aircraft or
airport.
Health: Recommended inoculations for travel may change and you should consult your
doctor for
current recommendations before you depart. It is your responsibility to ensure that you meet all
health
entry
requirements, obtain the recommended inoculations, take all recommended medication, and follow
all medical
advice in relation to your trip.
Disinsection: Although not common, most countries reserve
the right to
disinsect aircraft if there is a perceived threat to public health, agriculture or environment.
The World
Health
Organization and the International Civil Aviation Organization have approved the following
disinsection
procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on
board or
(2)
treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on
board. For
more
information, see:http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
BY
OFFERING
TRAVEL
PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, barediver DOES NOT REPRESENT OR WARRANT THAT
TRAVEL
TO
SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT
FROM TRAVEL
TO
SUCH DESTINATIONS.
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Training
Due to the nature of scuba training; once a training option has been reserved, no refunds will be provided. At times BareDiver may provide credit for future
training at BareDiver's sole discretion.
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LIABILITY DISCLAIMER
The Information, Software, Products and Services published on this Website may include
inaccuracies
or
errors, including pricing errors. In particular, the barediver Companies and barediver
Affiliates do
not guarantee the accuracy of, and disclaim all liability for any errors or other
inaccuracies relating
to
the information and description of the hotel, air, cruise, car and other travel products and
services
displayed on this Website (including, without limitation, the pricing, photographs, list of
hotel
amenities,
general product descriptions, etc.). In addition, barediver, Inc. expressly reserves the
right to
correct any pricing errors on our Website and/or pending reservations made under an
incorrect price. In
such
event, if available, we will offer you the opportunity to keep your pending reservation at
the correct
price
or we will cancel your reservation without penalty.
Hotel ratings displayed on this
Website are
intended as only general guidelines, and the barediver Companies and barediver Affiliates do
not
guarantee the accuracy of the ratings. The barediver Companies, the barediver Affiliates and
their
respective suppliers make no guarantees about the availability of specific products and
services. The
barediver Companies, the barediver Affiliates and their respective suppliers may make
improvements
and/or changes on the Website at any time.
The barediver Companies, the barediver
Affiliates
and their respective suppliers make no representations about the suitability of the
information,
software,
products and services contained on this Website for any purpose, and the inclusion or
offering of any
products or services on this Website does not constitute any endorsement or recommendation
of such
products
or services by the barediver Companies or the barediver Affiliates. All such information,
software
products, and services are provided “as is” without warranty of any kind. The barediver
Companies,
the
barediver Affiliates and their respective suppliers disclaim all warranties and conditions
that this
Website, its servers or any email sent from the barediver Companies, the barediver
Affiliates
and/or
their respective suppliers are free of viruses or other harmful components. The barediver
Companies,
the
barediver Affiliates and their respective suppliers hereby disclaim all warranties and
conditions
with
regard to this information, software, products and services, including all implied
warranties and
conditions
of merchantability, fitness for a particular response, title and non-infringement.
The
carriers,
hotels and other suppliers providing travel or other services on this Website are
independent
contractors
and not agents or employees of the barediver Companies or the barediver Affiliates. The
barediver Companies and the barediver Affiliates are not liable for the acts, errors,
omissions,
representations, warranties, breaches or negligence of any such suppliers or for any
personal injuries,
death, property damage, or other damages or expenses resulting there from. The barediver
Companies
and
the barediver Affiliates have no liability and will make no refund in the event of any
delay,
cancellation, overbooking, strike, force majeure or other causes beyond their direct
control, and they
have
no responsibility for any additional expenses, omissions, delays, re-routing or acts of any
government
or
authority.
In no event shall the barediver Companies, the barediver Affiliates and/or
their
respective suppliers be liable for any direct, indirect, punitive, incidental, special or
consequential
damages arising out of, or in any way connected with, your access to, display of or use of
this Website
or
with the delay or inability to access, display or use this Website (including, but not
limited to, your
reliance upon opinions appearing on this Website; any computer viruses, information,
software, linked
sites,
products and services obtaining through this Website; or otherwise arising out of the access
to, display
of
or use of this Website) whether based on a theory of negligence, contract, tort, strict
liability,
consumer
protection statutes, or otherwise, and even if the barediver Companies, the barediver
Affiliates
and/or their respective suppliers have been advised of the possibility of such damages.
If,
despite the limitation above, the barediver Companies, the barediver Affiliates or their
respective
suppliers are found liable for any loss or damage which arises out of or in any way connected
with any of
the
occurrences described above, then the liability of the barediver Companies, the barediver
Affiliates
and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a)
the service
fees
you paid to barediver, Inc. in connection with such transaction(s) on this Website, or (b)
One-Hundred
Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability
reflects the
allocation of risk between the parties. The limitations specified in this section will survive
and apply
even if
any limited remedy specified in these Terms of Use is found to have failed of its essential
purpose. The
limitations of liability provided in these Terms of Use inure to the benefit of the barediver
Companies,
the
barediver Affiliates, and/or their respective suppliers.
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INDEMNIFICATION
You agree to defend and indemnify the barediver Companies, the barediver Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than barediver, Inc.
Such
hyperlinks are provided for your reference only. We do not control such websites and are not
responsible for
their contents or the privacy or other practices of such websites. Further, it is up to you to
take
precautions
to ensure that whatever links you select or software you download (whether from this Website or
other
websites)
is free of such items as viruses, worms, trojan horses, defects and other items of a destructive
nature. Our
inclusion of hyperlinks to such websites does not imply any endorsement of the material on such
websites or
any
association with their operators.
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SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website (“Software”) or through your
mobile
application
store, including the barediver mobile application (the “Mobile Application”) is the copyrighted
work of
the
barediver Companies and/or our respective suppliers. Your use of such Software is governed by
the terms
of
the end user license agreement, if any, which accompanies, or is included with, the Software
(“License
Agreement”). You may not install or use any Software that is accompanied by or includes a
License Agreement
unless you first agree to the License Agreement terms. For any Software made available for
download on this
Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited,
personal,
non-exclusive, nontransferable license to download, install and use the Software and/or the
Mobile
Application
for viewing and otherwise using this Website and/or accessing the content and information
available within
the
Mobile Application (including, without limitation, price and availability of travel services) in
accordance
with
these Terms of Use and for no other purpose.
Please note that all Software, including,
without
limitation,
all HTML code and Active X controls contained on this Website, is owned by the barediver
Companies,
barediver Affiliates, and/or our respective suppliers, and is protected by copyright laws and
international
treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited,
and may
result in
severe civil and criminal penalties. Violators will be prosecuted to the maximum extent
possible.
WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL,
ONLY ACCORDING
TO
THE TERMS OF THE LICENSE AGREEMENT.
Your mobile device must be connected to the internet
for the Mobile
Application to function correctly. You are responsible for making all arrangements necessary for
your device
to
have internet connectivity and are responsible for all sums your service provider may charge you
arising out
of
the Mobile Application transmitting and receiving data (including but not limited to data
roaming charges).
As
further described in our Privacy Policy, the Mobile Application will automatically transfer a
small amount
of
data as part of its normal operation, including how you use the Mobile Application, which
Content you
access,
and technical errors or problems which the Application may encounter while being used. By
using the
Mobile
Application, you acknowledge, agree and consent to the automatic collection of this
information.
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CURRENCY CONVERTER
If a currency convertor is available on the Website, the following terms and conditions apply:
Currency rates
are
based on various publicly available sources and should be used as guidelines only. Rates are not
verified as
accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date
on the
currency
converter feature for the day that currency was last updated. The information supplied by this
application
is
believed to be accurate, but the barediver Companies, the barediver Affiliates, and/or our
respective
suppliers do not warrant or guarantee such accuracy. When using this information for any
financial purpose,
we
advise you to consult a qualified professional to verify the accuracy of the currency rates. We
do not
authorize
the use of this information for any purpose other than your personal use and you are expressly
prohibited
from
the resale, redistribution, and use of this information for commercial purposes.
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BANK AND CREDIT CARD FEES
Some banks and credit cards impose fees for international transactions. If you are making a
booking from
outside
of the United States on a US credit card, your bank may convert the payment amount to your local
currency
and
charge you a conversion fee. This means the amount listed on your credit or bank card
statement may be
in
your local currency and therefore a different figure than the figure shown on the billing
summary page for a
reservation booked on the Website. In addition, a foreign transaction fee may be assessed
if the bank
that
issued your credit card is located outside of the United States. Booking international
travel may be
considered to be an international transaction by the bank or card company, since barediver, Inc.
may
pass on
your payment to an international travel supplier. The currency exchange rate and foreign
transaction
fee
is determined solely by your bank on the day that they process the transaction. If you
have any
questions
about these fees or the exchange rate applied to your booking, please contact your bank.
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COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are © 2021 barediver, Inc. All rights reserved. barediver, is not
responsible for content on websites operated by parties other than barediver, barediver.com,
logo
are
either registered trademarks or trademarks of barediver, Inc. in the U.S. and/or other
countries. Other
logos and product and company names mentioned herein may be the trademarks of their respective
owners.
If
you are aware of an infringement of our brand, please let us know by e-mailing us at info@barediver.com. We only address messages concerning
brand
infringement at this email address.
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COUNTER-NOTIFICATION
barediver respects the copyrights of others. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it isn’t properly filled out or if the complaint is incomplete:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Website should be sent to us by email to info@barediver.com for the fastest
resolution.
You may also send us your notice using the contact information
below:
barediver
Travel Agency
Attn: IP/Trademark Legal Dept., DMCA Complaints
10945 State Bridge
Road Suite
401-165
Johns Creek GA 30022-5676
We will review and address
all notices
that
comply with the requirements above. If we remove or disable access in response to such a notice,
we may
notify
the owner or administrator of the affected site or content so that he or she can make a counter
notification.
We suggest that you seek legal counsel before filing a notice. Any
misrepresentations
in your notice regarding whether content or activity is infringing may expose you to liability
for damages
(including costs and attorneys’ fees). In one case involving online content (See Online
Policy Group
vs.
Diebold, Inc.), a company paid more than $100,000 in costs and attorneys fees after targeting
content
protected
by the U.S. fair use doctrine.
For any additional questions regarding the DMCA process for
barediver,
please contact us at info@barediver.com.
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ACCOUNT TERMINATION
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law,
barediver has
adopted a policy of terminating, in appropriate circumstances and at barediver sole discretion,
subscribers
or account holders who are deemed to be repeat infringers. barediver may also at its sole
discretion
limit
access to the Website and/or terminate the accounts of any users who infringe any intellectual
property
rights
of others, whether or not there is any repeat infringement. If you believe that an account
holder or
subscriber
is a repeat infringer, please provide information sufficient for us to verify that the account
holder or
subscriber is a repeat infringer when filing your notice.
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COUNTER-NOTIFICATION
barediver does not tolerate false claims of copyright infringement. If you believe that
content
that
you posted to our Website was mistakenly removed due to a false claim of copyright infringement,
then you
can
submit a DMCA Counter-Notice. When we receive a properly completed counter notification, we will
forward it
to
the complaining rights owner. In the U.S., the DMCA allows us to restore your content if
the rights
owner
does not file a court action against you within 10 business days of receiving the copy of your
counter-notice.
To file a counter notification with us, you must provide a written
communication by fax
or
regular mail that sets forth the items specified below. Please note that you will be liable for
damages
(including costs and attorneys’ fees) if you materially misrepresent that content is not
infringing the
copyrights of others. If you are not sure whether certain material infringes the
copyrights of others,
then we suggest that you first seek legal counsel.
To expedite our ability to process your
counter
notification, please send us your notification using the following format:
- Identify the specific content that was removed or disabled by mistake. Indicate where that content appeared on barediver Website. Please provide the URL address if possible.
- Provide your name, mailing address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which barediver, Inc. may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
- Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
- Sign the paper.
- Send the written communication to the following address:
barediver Travel Agency
Attn: IP/Trademark Legal Dept., DMCA Complaints
10945 State
Bridge
Road
Suite 401-165
Johns Creek GA 30022-5676
PATENT NOTICES
One or more patents owned by the barediver Companies may apply to this Website and to the
features and
services accessible via the Website. Portions of this Website operate under license of one or
more patents.
Other patents pending.
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GENERAL
Your use of mapping available on this Website is governed by the Microsoft Terms of Use and
Microsoft Privacy
Statement and the Google Terms of Use and Google Privacy Statement. Microsoft and Google reserve
the right
to
change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please
click
here
for additional information:
https://privacy.microsoft.com/en-us/default.mspx https://www.microsoft.com/maps/assets/docs/terms.aspxhttps://www.google.com/privacy/privacy-policy.htmlhttps://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.htmlhttps://www.maps.google.com/help/legalnotiltces_maps.html https://maps.google.com/help/terms_maps.html
This Website is operated
by a U.S.
entity and this Agreement is governed by the laws of the State of Georgia, USA. You hereby
consent to the
exclusive jurisdiction and venue of courts in Fulton County, Georgia, USA, in all disputes
arising out of or
relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction
that does not
give
effect to all provisions of this Agreement, including, without limitation, this
paragraph.
You agree
that
no joint venture, partnership, or employment relationship exists between you and the barediver
Companies
as
a result of this Agreement or use of this Website.
Our performance of this Agreement is
subject to
existing
laws and legal process, and nothing contained in this Agreement limits our right to comply with
law
enforcement
or other governmental or legal requests or requirements relating to your use of this Website or
information
provided to or gathered by us with respect to such use. To the extent allowed by applicable law,
you agree
that
you will bring any claim or cause of action arising from or relating to your access or use of
this Website
within two (2) years from the date on which such claim or action arose or accrued or such claim
or cause of
action will be irrevocably waived.
If any part of this Agreement is found to be invalid,
illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in
any way be
affected or impaired. Our failure or delay in enforcing any provision of this
Agreement at any
time
does not waive our right to enforce the same or any other provision(s) hereof in the
future.
This
Agreement
(and any other terms and conditions referenced herein) constitutes the entire agreement between
you and
barediver with respect to this Website and it supersedes all prior or contemporaneous
communications and
proposals, whether electronic, oral, or written, between the customer and barediver. with
respect to
this
Website. A printed version of this Agreement and of any notice given in electronic form shall be
admissible
in
judicial or administrative proceedings based upon or relating to this Agreement to the same
extent and
subject
to the same conditions as other business documents and records originally generated and
maintained in
printed
form.
Fictitious names of companies, products, people, characters, and/or data mentioned on
this
Website
are not intended to represent any real individual, company, product, or event.
Any rights
not expressly
granted herein are reserved.
SERVICE HELP
For quick answers to your questions or ways to contact us, please see below:
BareDiver Scuba & Travel
Attn: Customer Service
10945 State Bridge Road Suite
401-165
Johns Creek Georgia 30022
info@barediver.com
+1 (470) 485 8419
