REBREATHERWORLD Terms and Conditions

 

This website is owned and maintained by Rebreather World LLC.  The use of this website is subject to the following terms and conditions that you should read carefully.

 

By using this website you agree to be legally bound by these terms and conditions. If you do not accept these terms and conditions then you may not use this website. The headings shown below are for convenience only and do not limit the applicability of any term and condition.

 

1.     RBW Membership

1.1.  Register: In order to become a member of the website and to post to the website you must register an account with us.

1.2.  Member Name (handle): Membership names cannot be offensive, sexist, or a direct assault against a company or individual.  Membership names cannot contain a website address, email address, or any directory towards a commercial product or company unless approved by RBW.  RBW has the right to disapprove, change, or delete any member’s name it does not feel appropriate without prior contact or approval by the member.

1.3.  Email Address: You must maintain a valid email address associated with your membership account.

1.4.  Sock Puppets: The creation of multiple accounts (“sock puppets”) for one person is prohibited.  Sock Puppet accounts will be banned and marked as a Banned Sock Puppet.

1.5.  Membership Account: You must not share your membership account, your password or any other details of your account with other individuals and no one may log onto your account other than you.

1.6.  Posts made by you: By becoming a member of the website you understand that we will display your membership account (including its status) and all posts, articles or any information and files you upload to the website indefinitely.

1.7.  Privilege: Membership of this board is a privilege not a right and is at the absolute discretion of Rebreather World. If you break any of these terms or behave in a matter detrimental to the good of this website then at a minimum you will be warned either via Private Message or an infraction (which might result in a temporary suspension), however if you continue with that behavior, break additional rules or if on review we judge your infraction was serious then you will be banned. Serious infringements of these terms will result in an instant ban.

1.8.  Unlawful Acts: If you threaten someone in any way on the forums or via its private messaging system or perform or condone any unlawful act or behave in a manner which harms our community then you will be instantly banned with no warning.

1.9.  Infractions  & Bans: Infractions and bans are private matters between this website, its staff and individual users who receive said infraction or ban. They may not be made public or discussed on the website.

1.10.               Banned Account: Please be warned that the consequences of being banned are that you will be unable to access the website, your account will be placed into banned status and your account will be publicly shown to be banned and all your posts will be shown to be published from a banned account.     

1.11.               Banned Account: While we respect a user's desire to request a review of the status of their account when banned, we specifically forbid the use of sock puppets (multiple user accounts) or another user's account to make such a request. All such requests must be sent to support@rebreatherworld.com for consideration. At this point of the process, we will not correspond any further unless we change your status.

1.12.               Cancel Membership: You may cancel your membership at any time when your account is in good standing (e.g. while not in receipt of an infringement or ban). To do so please inform an administrator. Your account will be marked with a status of Membership Cancelled and will be deactivated. Any posts you have made will be shown to have been made from a cancelled account.          

1.13.               Threat of Litigation: Any written or verbal threat to the staff, moderators, or owners of rebreatherworld.com will result in an immediate ban without explanation or discussion. All past posts made from the individual threatening litigation will be copied and turned over to RBW attorneys for further legal action.

1.14.               Threat of Litigation by a paid sponsor or supporting member: Any written or verbal threat to the staff, moderators, or owners of rebreatherworld.com will result in an immediate ban without explanation or discussion. All past posts made from the individual threatening litigation will be copied and turned over to RBW attorneys for further legal action. All paid banners, advertisement placement, and dedicated thread areas will be removed and all funds forfeited. All contracts held between the paid sponsor or supporting member and RBW will be terminated due to violation of agreed “Terms and Conditions”. All members who have been set up to represent the paid sponsor or supporting member will be demoted to a registered user, their commercial posting privileges revoked.

1.15.               Reactivate Cancelled Membership: To request reactivation of a cancelled membership account please contact support@rebreatherworld.com where a review of your request will be made

2.     Website Content

2.1.  Term Discussion: If you wish to discuss these Terms then contact us via a Private Message or email. You agree you will not discuss the terms on the forums or in public.

2.2.  Politics, religion, nationalities or anything of a sexual nature: While we encourage discussion about a wide range of subjects, there are certain areas, which elicit more animosity and subsequently far more flames. As a result you agree that discussions involving politics, religion, nationalities or anything of a sexual nature be reserved for other message boards that are better venues for these topics and will not be discussed on this website.            

2.3.  Cross Posting / Reposting / Reprinting: Cross Posting / Reposting / Reprinting of information from this site, or other sites is forbidden without written permission of the site owner.

2.4.  Photos: Any photos that are uploaded to our gallery may have the websites name shown on them in one corner to discourage image theft.      

2.5.  Spam: Spam, data mining or recruiting our membership is forbidden.

2.6.  Posting legal liability: You agree that you will not post or upload any material which might give rise to legal liability on our part to a third party and you agree to indemnify and hold us harmless for any liability how so ever arising resulting from the material posted or uploaded by you.

2.7.  Hijack Thread: You agree that when posting in an existing thread you will not hijack the thread or attempt to take it off topic.

2.8.  Troll, Flame, Insult: When posting you will not spam, troll, flame or insult members.

2.9.  Profane Language: Excessively profane, insulting or mean spirited language is not allowed here.

2.10.               Harassment or bullying: Harassment or bullying or threats of any sort are not tolerated and may result in an instant ban of your user account.        

2.11.               Personal attacks: You agree and understand that the debates may become passionate but you will not to resort to personal attacks. If you feel that you have been attacked, you will not retaliate but instead use the "report this post to a moderator" link at the bottom of the post to notify us.

2.12.               Illegal activity : Posts advocating or condoning illegal activity are not allowed on the board.

2.13.               Company's URL: A user may include their company URL within their signature line; you may not link to any other commercial sites within your signature.

2.14.               Signature lines: Signature lines are not available to registered users. This is implemented to prevent new accounts that are seeking advertisement without sponsorship and sock puppet members with multiple illegal accounts. Only members who have obtained higher rank such as RBW advertisers or, supporters will be allowed special signature lines and banners.

2.15.               Signature lines must be limited to four lines and are subject to review by RBW staff for improper links and content. Signature lines cannot contain links or content to web sites that are determined as direct competition with rebreatherworld.com.

2.16.               Delete any signature: We reserve the right to edit or delete any signature we do not feel is appropriate for the website.

2.17.               Nudity or overly provocative images: Nudity or overly provocative images or racist or offensive images may not be used for Avatars or submitted anywhere on the website.

2.18.               Moderators and administrators: You agree that moderators and administrators at their discretion and when they deem it in the best interest of Rebreather World, may edit or delete avatars, pictures, posts, articles, map entries, threads or any other information submitted to the website. They might also split threads to ensure a thread stays on topic and/or give infractions (which might result in a temporary or permanent ban) to users who fail to follow these rules. They will also ban users when necessary.

2.19.               Moderators and administrators: You agree that the moderators and administrators have the last word in any dispute and are responsible for the smooth running of the website and have final interpretation of these terms and conditions of use

3.     Diving Medicine Forum

3.1.  Medical discussion: The Website, its owner, its moderators, administrators and affiliated health professionals provide this forum for the discussion of general questions concerning diving medicine only.

3.2.  Medical discussion: It is intended to be for general discussion and educational purposes only.

3.3.  Medical advice: Information provided by members, moderators, administrators and/or health professionals is in no way intended to serve as actual individual medical advice, diagnoses, or to provide treatment plans.

3.4.  Doctor/patient relationship: In no way does participating on these forums constitute a formal or informal doctor/patient relationship.

3.5.  Contributions to the Diving Medicine forum: Contributions to the Diving Medicine forum are not limited to physicians, doctors or other health professionals. In fact, all members are invited to participate.

3.6.  Responsibility or liability: RBW assume no responsibility or liability for the accuracy or reliability of any posts.

3.7.  Responsibility or liability: It is possible that some information may be inaccurate, incomplete or otherwise flawed.

3.8.  Post Reviews: The information in these posts is not reviewed and is by no means endorsed or verified by the Rebreather World moderators, administrators or owner.

3.9.  Health care professionals: While your health is important to us, you are responsible for your own health care. In the event you feel you have any medical concerns regarding actual illness, injury or other possible risks, you should consult your physician or other health care professionals as you deem necessary and as soon as possible.

3.10.               Emergency Medical Services: Any diver who believes that he or she (or a buddy) may have an urgent medical problem, including but not limited to any life threatening conditions, should initiate Emergency Medical Services contact immediately! Next, he or she should contact both a personal physician, and the Diver's Alert Network (DAN)

4.     Marketplace

4.1.  Criticize, comment : The for sale forums are not a place to criticize, comment on or in other way speak to the reliability or history of products for sale. Messages commenting on the quality or value of a deal negatively are expressly forbidden as are messages that "flame", "troll" or otherwise negatively attack a company for their business practices. Honest, fact-based criticism can be posted in the appropriate forum else where on the site.

4.2.  Under-cutting: Posting competing or counter offers to an advertisement in this forum immediately after another company's post simply as a means of under-cutting the first advertiser is expressly forbidden.

4.3.  Members must read: All members must read any and all sticky or announcement threads related to additional rules or restrictions that may exist in a particular For Sale sub-forum

5.     Advertising / Sponsorship

5.1.  Unrelated Commercial Relations: This website maintains commercial relationships with numerous companies which are unrelated to the ownership of this website.

5.2.  Advertisers privileges: Advertisers (also known as Sponsors) are entitled to no extra privileges nor may they break or disobey these terms in any way.

5.3.  Jurisdiction: Advertising on this site is subject exclusively to United States of America, Florida law and subject to the exclusive jurisdiction of The State of Florida courts.

5.4.  Maximum liability: The maximum liability we accept in relation to advertising on the site in respect of any dispute with us is the amount paid for advertising by the advertiser in the current calendar year.

5.5.  Advert / sponsorship: Adverts are only accepted from the company paying for the advert / sponsorship, you may not advertise on another company's behalf.

5.6.  Advertisers advert: After advertising payment has been received then adverts will be uploaded to the site as soon as possible.

5.7.  Advertisers Term: Advertising rates are valid for the length of the term for the package purchased and begins when the initial payment is received.

5.8.  Endorsement: Advertising does not imply endorsement of a product, service or user by the website or its owners.

5.9.  Agents of the companies: Neither this website its owner or staff are agents of the companies advertising on the website.

5.10.               Advert payment: Adverts must be paid for in advance. The advertiser may cancel them at any time and we will then remove the advert and the identification that the user is a Sponsor but no refunds will be given.

6.     Legal

6.1.  Exclusive jurisdiction: You agree that this website including its use and membership is governed exclusively by United States of America, Florida law and that State of Florida courts shall have exclusive jurisdiction over any disputes arising with or through this website or the website owners.

6.2.  Personal jurisdiction: You agree to personal jurisdiction by United States of America, Florida Courts for all matters relating to this website or the website owners.

6.3.  Unenforceable: In the event that any provision of these terms and conditions of use of this website is held unenforceable, it will not affect the validity and enforceability of the remaining provisions.

6.4.  Opinions of their respective authors: All posts and articles on this website are the opinions of their respective authors and may not reflect the views of this website or its owner, you agree that Rebreather World, its owner, all previous and future owners and all moderators and administrators can not be held responsible or liable for the content of this website or the authenticity or accuracy of any information available on this website.

6.5.  Scuba Industry: If you are employed by or own a company in the Scuba Industry and post on their behalf then you have accepted these terms and conditions on their behalf.

6.6.  Safety-oriented: This is a safety-oriented board and our recommendation is that each diver should seek formal accredited training on how to operate his or her unit and we do not recommend any other course of action. We encourage you to avail yourself of as much formal accredited training as possible. A competent instructor will be able to see safety concerns that you might miss.

6.7.  Liable for the content, authenticity or accuracy: The posts and articles written by the moderators and administrators are their individual views and you agree neither this website nor its owner or previous or future owners are responsible or liable for the content, authenticity or accuracy.

6.8.  Liability: We accept no liability (including without limitation) in either contract, tort, negligence, statutory duty or otherwise (to the maximum extent permitted by applicable law) arising out of the use of or access to or content contained on this website (which includes without limitation) any errors or omissions contained in this website or if the website is unavailable and we shall not be liable for any direct or indirect:

§  Economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings);

§  Personal injury or death;

§  Loss of goodwill or reputation; or

§  Special, incidental, consequential loss or damage, suffered or incurred arising out of or in connection with this website and these terms and conditions.

6.9.  Copyright : This website retains all rights and privileges and copyright to any and all content posted and files uploaded (except for photographic material or articles identified as all ready being copyrighted, in this case you grant Rebreather World a non revocable license to display the content or file in perpetuity.), to its user and other data bases.

6.10.               Privacy Policy: By agreeing to be bound by these terms and conditions, you are agreeing to be bound by our Privacy Policy.

6.11.               Risk: Access to and use of this website is at the user's own risk and we do not warrant that the use of this website or any material downloaded from it will not cause damage to any property or person, or otherwise minimize or eliminate the inherent risks of the internet including but not limited to loss of data, computer virus infection, spy ware, malicious software, trojans and worms. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this website by unauthorized third parties.

6.12.               Right to monitor all internet communications: In order to maintain the security of its systems, protect our staff and detect fraud and other crimes, Rebreather World reserves the right to monitor all internet communications, including web and email traffic relating to this website. Monitoring includes (without limitation) checks for viruses and other malignant code, criminal activity, and use or content that is unauthorized or unlawful or material that may cause offence in any way. We may share this information and any other information we might hold with law enforcement officials if asked to do so.

6.13.               You agree to indemnify the current and any previous and future owners for any loss or damage howsoever caused resulting from any breach by you of these terms and conditions of use.

6.14.               Subject to change by us without notification: The contents of this website, including these terms and conditions of use, are subject to change by us without notification. Your continued use of the website after any change’s signals your acceptance of said change’s. You should check these terms and conditions of use whenever you use the website. Additionally we shall not be obliged to remove any outdated information from the website or to expressly mark it as being outdated

7.     Commercial Advertisement, Equipment Sales, and RBW Member Sales

7.1.  Commercial postings: Commercial postings or postings about commercial suppliers / stores / operations are only allowed about or to site sponsors / advertisers. Any other posts will be deleted.

7.2.  Member “For Sale” section: The “For Sale” section of RBW is a benefit and not a right of RBW members. Excessive for sale items by a member will be treated as commercial posting. Rates and Terms are posted in the "For Sale" section on the site and are subject to change by us without notification.

7.3.  Member Equipment Sales: Rebreatherworld.com allows RBW members to post their personal used scuba related equipment for sale within the specified “For Sale” sections only.

7.4.  Excessive Member Equipment Sales: Rebreatherworld.com reserves the right to determine if a RBW member is actually making commercial sales and pretending like they are personal sales. The number of “For Sale” items will conclude this determination and “Type of Items” the individual has posted from the time they became a member of RBW. If a RBW member is determined to be making commercial sales they will be required to become a minimum of a RBW supporter. If the RBW member is determined they are actually a commercial equipment manufacturer they will be required to comply with all set standards for commercial posting.

7.5.  For Sale Items: RBW has the right to disapprove and remove any “for sale” item posted if it is determined not to follow the direction of Rebreatherworld’s scope.

8.     Dive Charters, Special Events, Training courses, etc

8.1.  Member Dive Charters: All RBW member dive charters announcements are required to be approved by RBW administration.

8.2.  RBW Sponsor and Supporting Member Dive Charters: RBW sponsor and supporting members may announce specific dive charters that they are organizing and hosting. RBW sponsors and supporting members may not announce other member dive charters that they are not directly involved with or attending.

8.3.  Member Dive Training Courses: All RBW member dive training course announcements are required to be approved by RBW administration.

8.4.  RBW Sponsor and Supporting Member Dive Training Courses: RBW sponsor and supporting members may announce dive-training courses that they are organizing and hosting. RBW sponsors and supporting members may not announce other member dive-training courses that they are not directly involved with or attending.

8.5.  Special Events: All special events must be approved by RBW administration

9.     RBW Policies and Operations Procedures

9.1.  Memorial Forum Time Delay: All dive accidents and incidents posts will be delayed for a minimum of 48 to 72 hours after the accident occurred. This delay of time is designed to allow officials to notify immediate family members.

9.2.  Memorial Forum Moderation: All new threads and posts within the “Memorial Forum” are required to be approved by a RBW moderator prior to release. Posts or threads determined unfit for release will not be approved.

9.3.  Accidents and Incidents: All new threads and posts within the “All New Accidents / Incidents Forum” are required to be approved by a RBW moderator prior to release. Posts or threads determined unfit for release will not be approved