Effective Date: January 1, 2010
Welcome to the dive t-shirts.com website, which is located at dive-t-shirts.com (the "Website"). This Terms of Service ("TOS") contain the terms and conditions that govern your use of the Website and the dive t-shirts.com Service (as defined below). This TOS describes your rights and responsibilities and what you can expect from the dive t-shirts.com Service. Use of the dive t-shirts.com Website constitutes your acceptance of and agreement to this TOS.
dive t-shirts.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the dive t-shirts.com Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the dive t-shirts.com Service. Your continued use of the dive t-shirts.com Website following posting of a change notice or new TOS on the dive t-shirts.com Website will constitute binding acceptance of the changes.
When you visit dive t-shirts.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
1. The dive t-shirts.com Service
dive t-shirts.com provides a number of Internet-based services through the Website (all such services, collectively, the " dive t-shirts.com Service"). dive t-shirts.com may offer a number of other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.
2. Use of the Web Site and dive t-shirts.com Service
dive t-shirts.com will only knowingly provide the dive t-shirts.com Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18 you may use the dive t-shirts.com Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The dive t-shirts.com Service is not intended for children under the age of 18.
2.2 Compliance with TOS and Applicable Law.
You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the dive t-shirts.com Service and the Website.
2.3 Your License to Use the Web Site and the dive t-shirts.com Service.
(a) dive t-shirts.com solely and exclusively owns all intellectual property and other rights, title and interest in and to the dive t-shirts.com Service and Website, except as expressly provided for in these TOS. For example and without limitation, dive t-shirts.com owns the copyrights in and to the Website, and certain technology used in providing the dive t-shirts.com Service. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by dive t-shirts.com.
(b) dive t-shirts.com grants you a limited revocable license to access and use the Website and the dive t-shirts.com Service for its intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by dive t-shirts.com; to compete with dive t-shirts.com; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, dive t-shirts.com may revoke the license granted to you.
(c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 4.3.
2.4 Third-Party Services.
3. General Rules
3.1 Prohibited Use.
You may only use the dive t-shirts.com Service as expressly permitted by dive t-shirts.com. You may not cause harm to the Website or the dive t-shirts.com Service. Specifically, but not by way of limitation, you may not: (i) interfere with the dive t-shirts.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the dive t-shirts.com Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the dive t-shirts.com Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain dive t-shirts.com’s name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the dive t-shirts.com Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by this TOS.
3.3 Ordering Policies.
If you purchase Products, you agree to do so in accordance with dive t-shirts.com’s Ordering Policy and instructions on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier.
3.4 Refund Policy.
All refunds are at the sole discretion of dive t-shirts.com and dive t-shirts.com is the final decision maker on any refund requests. All refund requests will be dealt with on a case by case basis. Providing a refund is agreed a full refund for the amount received by dive t-shirts.com will be made by the same method of payment or more convenient method to dive t-shirts.com, less any charges incurred.
For goods that do not meet the TOS of dive t-shirts.com. For goods that are defectively manufactured (unless otherwise agreed prior to or post shipment).
3.4.2 Procedure for making a refund request.
Contact dive t-shirts.com using the “Contact us” form, explaining why you believe a refund is applicable.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of dive t-shirts.com or its content suppliers and protected by The Kingdom of Thailand and international copyright laws. The compilation of all content on this site is the exclusive property of dive t-shirts.com and protected by The Kingdom of Thailand and international copyright laws. All software used on this site is the property of dive t-shirts.com or its software suppliers and protected by The Kingdom of Thailand and international copyright laws.
All importation taxes or fees on products ordered through this website are the sole responsibility of the person who ordered the goods and dive t-shirts.com are not responsible or liable for such taxes or fees.
dive t-shirts.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of All About Scuba Diving Co., Ltd. in Thailand and/or other countries. dive t-shirts.com trademarks and trade dress may not be used in connection with any product or service that is not dive t-shirts.com’s, in any manner that is likely to cause confusion among customers', or in any manner that disparages or discredits dive t-shirts.com. All other trademarks not owned by All About Scuba Diving that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by All About Scuba Diving Co., Ltd.
Allow upto 28 days for deliveries. If after this time the goods have not been received use the "Contact Us" form on this website.
4. Intellectual property rights
4.3 Intellectual property rights.
You intellectual property rights remain yours, until such time as you rescind those rights in writing to dive t-shirts.com and its affiliated companies.
5. Reservation of Rights
dive t-shirts.com reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If dive t-shirts.com determines, in its sole and absolute discretion, that you or another dive t-shirts.com user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, dive t-shirts.com may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5.2 Modification of the Service.
dive t-shirts.com reserves the right to modify the organization, structure or "look and feel" of the dive t-shirts.com Service or the Website, and may change, suspend, or discontinue any aspect of the dive t-shirts.com Service at any time without any liability to you or any third party. dive t-shirts.com shall have complete discretion over the features, functions, prices and other terms and conditions on which the dive t-shirts.com Service is offered to dive t-shirts.com users.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant dive t-shirts.com permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that dive t-shirts.com will have no obligation to keep any Submissions confidential. You will not bring a claim against dive t-shirts.com based on "moral rights" or the likes arising from dive t-shirts.com’s use of a Submission.
7. Representations and Warranties
7.1 Product Descriptions.
dive t-shirts.com attempts to be as accurate as possible. However, dive t-shirts.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by dive t-shirts.com itself is not as described, your sole remedy is to return it in unused condition.
7.2 Mutual Representations and Warranties.
You represent and warrant to dive t-shirts.com and dive t-shirts.com represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
7.3 By You.
You represent and warrant to dive t-shirts.com that, in your use of the dive t-shirts.com Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to dive t-shirts.com that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) dive t-shirts.com will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that dive t-shirts.com incurs in providing the dive t-shirts.com Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
8. Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES.
dive t-shirts.com PROVIDES THE WEBSITE AND dive t-shirts.com SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. dive t-shirts.com DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, dive t-shirts.com SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. dive t-shirts.com MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
9. Limitation of Liability.
LIMITATION OF LIABILITY.
dive t-shirts.com WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE dive t-shirts.com SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY dive t-shirts.com TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $1.
You must indemnify and hold dive t-shirts.com and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify dive t-shirts.com under this Section, dive t-shirts.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without dive t-shirts.com’s express written permission.
In its sole discretion, with or without notice to you, dive t-shirts.com may: (i) suspend, limit your access to or terminate your use of the Website and/or the dive t-shirts.com Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from dive t-shirts.com’s servers and directories and (iv) prohibit you from using the dive t-shirts.com Service and/or the Website.
Notwithstanding Section 11.1 above, this TOS will survive indefinitely unless and until dive t-shirts.com chooses to terminate this TOS.
11.3 Effect of Termination.
If you or dive t-shirts.com terminates your use of the Website or the dive t-shirts.com Service, dive t-shirts.com may delete any Content or other materials relating to your use of the dive t-shirts.com Service on dive t-shirts.com’s servers or otherwise in its possession and dive t-shirts.com will have no liability to you or any third party for doing so. dive t-shirts.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) Thai EMS mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to dive t-shirts.com, you must use the following addresses: 20 Thaweewong Road, Patong Beach, Kathu, Phuket 83150, Thailand. If dive t-shirts.com provides notice to you, dive t-shirts.com will use the contact information provided by you to dive t-shirts.com. All notices will be deemed received as follows: (i) if by delivery by mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Thailand without reference to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of dive t-shirts.com. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and dive t-shirts.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.
15. Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide dive t-shirts.com using the "Contact us" form the written information specified below. Please note that this procedure is exclusively for notifying dive t-shirts.com that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site,;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized