VISITORS’ AGREEMENT AND RULES OF CONDUCT for Divingindepth, Inc./ Divingindepth.com website

Use and participation in Divingindepth, Inc./Divingindepth.com’s Website is contingent upon your acceptance of the following terms and rules. By using our Website, you accept these terms. In addition, your continued use of our Website after a change has been made to the policies of our Website implies your assent to those changes.

LINKS TO OTHER SITES

Divingindepth, Inc./Divingindepth.com chooses its links to other websites carefully. However, Divingindepth, Inc./Divingindepth.com is not responsible for the content or privacy practices of websites operated by third parties that are linked to or from Divingindepth, Inc./Divingindepth.com’s website. These links are meant for the visitor’s convenience only. Links to third party websites do not constitute sponsorship, endorsement, or approval by Divingindepth, Inc./Divingindepth.com of any content, policies, or practices of such sites. Once you have left Divingindepth, Inc./Divingindepth.com’s website via such a link, you should check the applicable terms of use and privacy policy of the third party site. Divingindepth, Inc./Divingindepth.com’s website may also be linked to or from websites operated by companies affiliated with Divingindepth, Inc./Divingindepth.com. Visitors to those sites should refer to their separate terms of use, privacy policies and practices.

RULES OF CONDUCT

Divingindepth, Inc./Divingindepth.com is not responsible for any material posted on our message boards, review systems, or other forums.

· You shall not post or transmit through Divingindepth, Inc./Divingindepth.com’s website any defamatory, threatening, obscene, harmful, pornographic, or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation. Divingindepth, Inc./Divingindepth.com will fully cooperate with any law enforcement authorities or court order requesting or directing Divingindepth, Inc./Divingindepth.com to disclose the identity of anyone posting any such emails or materials. Further, you shall not post or transmit through Divingindepth, Inc./Divingindepth.com any material which advertises or otherwise solicits funds or is a solicitation for goods or services.

· You shall not upload, post, or otherwise make available on Divingindepth, Inc./Divingindepth.com website any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary interest.

· You shall not upload, post, or transmit through Divingindepth, Inc./Divingindepth.com’s website any advertisements, chain letters, pyramid schemes, or spamming of the same message to multiple boards.

· By posting messages, uploading files, inputting data, or engaging in any other form of communication through Divingindepth, Inc./Divingindepth.com’s website, you hereby waive any and all rights to any stories, ideas, drawings, opinions, and other creative “materials” posted to Divingindepth, Inc./Divingindepth.com’s website. You authorize Divingindepth, Inc./Divingindepth.com to utilize, royalty-free, in any manner it sees fit and for eternity, the materials posted on the site, which shall become the property of Divingindepth, Inc./Divingindepth.com and shall include the right to exploit any proprietary rights in such communication, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. You release Divingindepth, Inc./Divingindepth.com from any and all claims or liability (now known or hereafter arising) in connection therewith, and you agree to indemnify Divingindepth, Inc./Divingindepth.com in connection therewith pursuant to the terms of VISITOR’S INDEMNIFICATION / OBLIGATIONS below. You agree and acknowledge that your participation in Divingindepth, Inc./Divingindepth.com’s website shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between you and Divingindepth, Inc./Divingindepth.com (other than the contractual relationship entered into between you and Divingindepth, Inc./Divingindepth.com by virtue of your agreement to the Terms and Conditions of Use).

VISITOR’S INDEMNIFICATION / OBLIGATIONS

· In consideration for your use of and access to Divingindepth, Inc./Divingindepth.com website, you agree that in no event will Divingindepth, Inc./Divingindepth.com, its affiliated or related entities, its content providers or any other party involved in creating, producing, or delivering this Website or any site linked to or from this Website, be responsible or liable to you or entity in any manner whatsoever (including, but not limited to, persons who may use or rely on such data or materials or to whom such data and materials are furnished) for any loss, damage (whether actual, consequential or punitive), injury, claim, liability, or other cause of any kind or character whatsoever based upon or resulting from any information provided in Divingindepth, Inc./Divingindepth.com’s website, or arising from any decision made or action or non-action taken by you or any other person in reliance upon the information provided through Divingindepth, Inc./Divingindepth.com website, even if you advise Divingindepth, Inc./Divingindepth.com of the possibility of any claims or damages.

· You, as a visitor and/or user of Divingindepth, Inc./Divingindepth.com’s website, agree to defend, indemnify, and hold harmless Divingindepth, Inc./Divingindepth.com, its parents, subsidiaries, and affiliated companies and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of your use of the Divingindepth, Inc./Divingindepth.com website, or arising out of any violation of laws or these Rules of Conduct committed by you, including, without limitation, any communication by you which is claimed to be defamatory, obscene or otherwise unlawful, or which is claimed to violate the copyright, trademark, proprietary, or other rights of third parties, or which constitutes a submission of materials.

TERMINATION

Divingindepth, Inc./Divingindepth.com shall have the right to immediately terminate your use of the Divingindepth, Inc./Divingindepth.com website if Divingindepth, Inc./Divingindepth.com determines, in its sole discretion, that you have violated the Rules of Conduct set forth above or otherwise breached this agreement, or have engaged in conduct which Divingindepth, Inc./Divingindepth.com determines, in its sole discretion, to be unacceptable. While Divingindepth, Inc./Divingindepth.com recognizes that its message boards and review system may be regarded as a public forum, it is not applicable under the First Amendment as a venue of free speech. Divingindepth, Inc./Divingindepth.com reserves the right to remove any postings to our message boards at our sole discretion.