Welcome to Dive! Here is a brief overview of the highlights of our Terms of Service:• Our mission is to remove boundaries.
The Dive platform aims to create a safe space for individual inspiration, expression and thought, and allow for a more intimate and authentic connection between members.
• You own the content that you share
; you also grant us and other members of the Dive platform certain rights and license to use it. The details of these rights are described in Section 4 below.
• You are responsible for the content that you share.
This includes ensuring that you have the rights needed for you to share that content and that your content does not violate the legal rights of another party or any applicable laws.
• You can repost content from Dive elsewhere
, provided that you attribute the content back to Dive and respect the rights of the original poster, including any “not for reproduction” designation, and that you do not use automated tools.
• We do not endorse or verify content shared on our platform.
Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the Dive platform. Content shared by professionals should not be treated as a substitute for professional advice for your specific situation.
• You agree to follow our ‘House Rules’.
When you use Dive, you agree to our Terms of Service (below) and Community Principles
• We offer tools for you to give feedback or report inappropriate or illegal conduct. If you think another member has violated your intellectual property rights, our Terms of Service, one of our principles or other applicable guidelines or terms, or any applicable law, you can make a report to us by emailing email@example.com
or by using the in-app reporting tool.Company Details
Dive is provided by:
Dive Platform GmbH, Kottbusser Damm 103A, 10967 Berlin, Germany.
Dive Platform GmbH is a company registered under the laws of the Republic of Germany, with company registration number: HRB 215689. You will find further company information within the “imprint” (or “impressum”) section of our website (www.diveee.com
To contact us by email, please write to: firstname.lastname@example.org
. If you do not agree with the way in which we may use your personal information, then you must not use or access our Services.Terms of Service
Last Update: June 2020
The following Terms of Service (which we shall call the “Terms
”) govern your use of and access to the services provided, owned or operated by Dive Platform GmbH or any of our affiliate companies (“Dive
”, or “our
”) consisting of www.diveee.com
or any other of our websites, our mobile applications, or any other products or services offered by Dive (collectively, we shall refer to these as the “Services
”) and agree to be bound by these Terms and our Community Principles (“Community Principles
”). Please note that depending on how you interact and use our Services, you may be bound by additional guidelines or terms that are made available to you from time to time; for example, we may offer services that users may purchase, which are at all times subject to our Payment Terms (“Payment Terms
”). All such guidelines and terms are incorporated into these Terms by reference.
We’ve drafted these Terms so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from these Terms, there are places where they may still read like a traditional contract. There’s a good reason for that: these Terms form a legally binding agreement between you and Dive
. Please read them carefully. If you do not agree to these Terms or any other of our guidelines or terms, you must not use or access our Services.
Our Customer Support team is available for you if you have any questions regarding our Services or these Terms. You may contact our Customer Support team by emailing email@example.com
These Terms supersede and replace any prior agreements as between you and Dive, including, but not limited to, the Early Access Agreement.
1. Your account with us
You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing or using the Services, you are entering into a legally binding agreement between you and Dive regarding your use of or access to the Services. These Terms apply to you whether you are a user that registers an account with our Services or an unregistered user. You acknowledge that you have read, understood, and agree to be bound by these Terms, including all other guidelines and terms applicable to you that are incorporated herein by reference. If you do not agree to these Terms, please do not access or otherwise use any of our Services.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us by emailing firstname.lastname@example.org
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
We may temporarily or definitively suspend your access to our Services if you choose an objectionable username. This may occur where, for instance and without limitation, the chosen username infringes third-party trademark rights or could be deemed offensive. In such cases, we will prompt you to change the username accordingly and only reactivate your access once this has taken place.2. Who can use our Services
Our Services are offered and available to members who are 13 years of age or older. No-one under the age of 13 is allowed to create an account or use or access our Services. We may offer additional Services with additional terms that may require you to be even older to use them, so please read all terms carefully.
If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use our Services with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
By using our Services, you represent and warrant to us that:
• you are over the age of 13;
• you can form a legally binding contract with Dive;
• you have provided accurate and up to date information about yourself;
• you will comply with all applicable local, state, national and international laws, rules and regulations; and
• if you are accepting these Terms and using our Services on behalf of a company, organisation, government, or other legal entity, you have the authority to bind such entity to these Terms, in which case the words “you” and “your” in these Terms shall be construed accordingly to refer to such entity.3. Who cannot use our Services
Providing a safe and open space for all of our community members requires that we all do our bit. For our part in contributing to the security of our members, we restrict use of or access to our Services by certain groups of people.
You are not permitted to use our Services if:
• you are a person who is barred from receiving the Services under the laws of any applicable jurisdiction;
• you are a convicted sex offender; or
• you have had an account with us previously and that account was disabled by us for any reason.
You are also not permitted to use our Services if you intend to contravene these Terms or any other applicable Dive guidelines or terms, such as, for example, by:
• impersonating others or providing inaccurate information;
• participating in or encouraging anything that is unlawful, misleading, or for a fraudulent or for an illegal or unauthorised purpose;
• interfering or impairing the intended operation of our Services;
• sharing personal or confidential information belonging to someone else on our Services by any means without their permission or any other applicable legal basis, or violating someone else’s rights, including intellectual property rights;
• failing to make full payment of any fees due for our Services by your payment due date;
• disseminating any information or content that is false or malicious; or
• using any of our domain names, trademarks or URLs in your username without our prior written permission.
If you are suspected or found to be using our Services in contravention of any of the aforementioned in this Section 3, without limiting any other remedy that may be available to us, we may disable your account and any access to our Services, as well as taking any other action we may deem appropropriate, including recourse to legal remedies.4. Permissions you grant to us to your content
When you use or access our Services, there are certain rights that you grant and assurances you make to us in relation to the content that you create and share.
It is important for you to understand that we do not claim any rights of ownership over your content, but instead, it is you in fact who is granting us a license (a right) to be able to use and access it. This means that at all times you remain the rightful owner of (and therefore remain responsible for) any content that you create and share on any of our Services.
When you share, post, or upload your content on or in connection with our Service (e.g., when you stream your videos live on Dive), you hereby grant to us, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), a transferable, worldwide, irrevocable, fully sub-licensable, nonexclusive, and royalty-free license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings) for the purposes of making our Services available. In plain English, you are allowing us to use your content for whatever purpose and in however way we decide to with no royalties being owed to you, but you are and always will be the rightful owner of your own content.
You further grant us a royalty-free license to use your user name, image, voice, and likeness within the framework and scope of our Services to identify you as the source of any of your content; provided, however, that your ability to provide an image, voice, and likeness are not subject to limitations due to age restrictions.
While we’re not required to do so, you permit us to access, cut, crop, review, screen refuse to publish and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms or any other of our applicable guidelines or terms. Remember, you alone remain responsible for the content you create, upload, share, send or store through our Services.
By sharing content through our Services, you permit us to use that content for marketing or promotional materials without any rights to prior inspection or approval. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your content, or any portion thereof. To the extent any moral rights (such as, for example, any rights of attribution) are not transferable or assignable, you hereby waive and / or agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any content.
We always love to hear from you, but if you provide feedback or suggestions, just know that we may use that feedback or suggestion in an anonymised manner without compensating you, and without any restriction or obligation to you.
You represent to us that your access to or use of our Services does not conflict with any contractual understanding you may have entered into with any third party, including but not limited to copyright or neighbouring rights’ collecting societies, publishers, record labels or co-authors. 5. Permissions we grant you to use our Services
Unless otherwise specified, we and our licensees are exclusively entitled to all rights in the Dive name, our logo and content (e.g., images, designs, texts, logos, software code, registered designs), including any intellectual property rights (copyrights, trademarks or patents).
Subject to these Terms, we grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, limited and non-sublicensable licence to use the Services and the above-mentioned content to the extent, for the purposes and within the limits set forth in these Terms or in any additional agreements between you and Dive, or otherwise implied by the intended use of our Services. Any use of our Services or content not expressly permitted by these Terms requires our prior written consent.
You acknowledge and agree that we may terminate this license at any time at our sole discretion and without any notice to you in cases of suspected or confirmed infringement of the above-mentioned license terms.
Unless otherwise specified, the above applies mutatis mutandis
to content provided by others (“User-Generated Content
”). This means that you are only granted a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, limited and non-sublicensable licence to use User-Generated Content to the extent, for the purposes and within the limits set forth in these Terms or in any additional agreements between you and Dive, or otherwise implied by the intended use of our Services. For the avoidance of doubt, you may not copy, result, disseminate, sub-license or commercially exploit such User-Generated Content.
Any software that we provide you may automatically download and install upgrades, updates or other new features. You may be able to adjust these automatic downloads through your device’s settings.6. Responsibilities you have over your content
Although we ask members to acknowledge that when they view content shared by other members on our Services, they are doing so at their own risk, we also want to make it clear in this Section 6 that ultimately, you as a content creator are responsible for the content that you share across any of our Services.
By posting content on any of Dive’s Services, you represent and warrant to us that: (a) you have the ownership rights, or you have obtained all necessary licenses or permissions to use your content and grant us the rights to use your content as provided for under these Terms; and (b) that posting your content violates no intellectual property or personal right of others, any applicable Dive guidelines or terms, or any applicable law or regulation, including any laws or regulations requiring disclosure that you have been compensated for your content.
You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with your content. You agree to pay all royalties, fees, and any other monies owed to any person by reason of sharing content.
We accept no liability in respect of any content submitted by you and published by us or by authorised third parties.
You may not upload, share, stream or disseminate violent, hateful, sexually explicit or otherwise objectionable content, including any content which may contravene our Community Principles
, on our Services. Moreover, we operate a zero tolerance approach for any member who posts any content which features or promotes child sexual exploitation. To understand more about our zero tolerance approach, please visit our FAQs section.
You may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit members to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so. Political figures or parties are permitted to use our Services to raise awareness of their political campaigns.7. Content is shared at your own risk
We use reasonable security measures in order to attempt to protect your content against unauthorised copying and distribution. However, we do not guarantee that any unauthorised copying, use or distribution of your content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby acknowledge that Dive shall not be liable for any unauthorised copying, use or distribution of your content by third parties and release and forever waive any claims you may have against Dive for any such unauthorised copying or usage of the your content, under any theory.8. Content provided by professional contributors
Some users who post content are members of legal, medical, and other licensed professions. Content posted by professional contributors should not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. Ethics rules differ by location, and it is the responsibility of professional contributors to determine and provide disclaimers appropriate for their profession and the content provided.9. Setting up your Dive wallet
If you would like to participate in our entertainment marketplace more actively by purchasing DiveCents, you will need to set up your Dive wallet. Once you have set up your Dive wallet and have at least one valid payment method saved, you will then be able to purchase DiveCents, or after collecting a sufficient number of DiveCents in your Dive wallet, may qualify for a cash payout. In order to find out more, learn how to set up your Dive wallet or understand the terms that you will be bound by should you wish to purchase or withdraw DiveCents, please read our Payment Terms.
10. Data charges that you may incur
You are responsible for any mobile charges that you may incur for using our Services, including text messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.11. Becoming a premium member
Our aim is to ensure that most of our Services remain accessible to each and every one of you as a free member. We do however have certain features which are only available to premium members. You may choose to pay for a premium membership plan to access these additional features, by authorising a monthly subscription payment to us. Please read our Payment Terms
for further information.
We, in our sole discretion, may also decide to make some or all of these additional ‘premium’ features available to certain members free of charge for a limited or extended period in circumstances where we believe that this is warranted, such as to reward a member for posting popular content, or thank a member for exhibiting stand-out behaviour in-keeping at all times with our Community Principles
while using our Services. In no case shall any such grant of premium features for free create a claim or enforceable precedent to be granted similar treatment in future or in comparable circumstances. 12. Your own promotions
Subject to what is otherwise written in this Section 12, you may promote, administer, or conduct a promotion on, through or utilising our Services (a “Promotion
”). If you choose to conduct a Promotion, you must adhere to the following rules: (a) you may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions; (b) you will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion; (c) we are not responsible for and do not endorse or support any such Promotions; (d) you may not promote any items or services expressly prohibited in this Section 12; and (e) you will make sure at all times and throughout your Promotion, that it is clearly displayed, advertised and perceived as a promotion. To this end, you may display or read out the following in connection with your Promotion: “This is a promotion by
[Your Name]. Dive does not sponsor or endorse
[Your Name]’s promotion and is not responsible for this promotion
” and additionally make sure that an analogous statement is visible throughout the Promotion.
For the avoidance of doubt, the above applies also whenever you have been paid or provided with free products in exchange for discussing or promoting a product of service through our Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through our Services.
Certain items are forbidden from promotion, sale or solicitation on our Services. You are forbidden from conducting any promotion or sale, or for soliciting the sale of any of the following products: adult products; alcohol; animals or their parts; body parts and fluids; currency and financial instruments; hazardous goods and materials; ingestible supplements; jobs; medical and healthcare products; nuclear power; pesticides; prescription products, drugs and drug paraphernalia; sex; stolen goods; tobacco products and related paraphernalia; weapons, ammunition and explosives. You must obtain our prior written permission before promoting online gambling, online real money games of skill or online lotteries on our Services.13. Advertising
We or our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.
You understand and acknowledge that we or our third party business partners may display commercial ads, promotions, or information (including commercial or noncommercial information) on any of our Services. You agree that you are not entitled to share in any revenue and / or value generated by us in connection with our placement of advertisements on our Services.
It is your responsibility to determine the truthfulness and reliability of such advertising or promotional information at your sole discretion. Unless otherwise expressly provided by applicable law, you are solely responsible and we do not assume any liability for any interaction based on such ad or promotional information, or any damage or loss incurred due to the foregoing.
You understand and acknowledge that your express opinion, trust, discovery, or firsthand experience about a specific product on our Services may constitute a recommendation or testimonial of advertising. You will be solely responsible for, and we shall not involve ourselves in, any misleading result caused by such advertising.14. Disputes between members
Although we would like all of our members to get along and support each other while using our Services, we understand that disagreements may occasionally happen. Dive is always here to help, and if there is anything that we can do to alleviate any issues you may be experiencing, please contact our Customer Support team via email at email@example.com
We discourage you from taking any matters into your own hands should an issue occur with another member. Although we wish to foster an open environment and allow freedom of expression, we do not tolerate instances of aggression or bullying by members, directed at other members, while using our Services, and certainly members should avoid airing any unresolved disputes via their lives streams or in the comments section.
If your dispute relates to non- or inadequate performance of a quest, or to the transfer of DiveCents, please direct these grievances to our Customer Support team. 15. Keeping our information confidential
While using or accessing our Services, you will come across and have access to certain information which belongs to us.
Unless we have given you prior written permission to share any information about us that you come across through using or accessing our Services (including after you have finished using or accessing our Services), you are prohibited from disclosing this information to any third party. The information we are referring to includes any technical, business or other information provided or disclosed to you by us, or by anyone on behalf of us. 16. If we must part ways...
We reserve the right to disable your user account at any time, thus terminating the licence we grant to you pursuant to Section 5 (“Permissions we grant you to use our Services”), including if (a) you have failed to comply with any of the provisions of these Terms or other applicable Dive guidelines or terms; (b) activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons. Please see the disabled account section of our FAQs for further information.
If you no longer want to use our Services, and would like your account to be deleted, we can take care of this for you. Please contact our Customer Support team, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
You agree that if you do not log into your account for more than six consecutive months after you register an account with us, Dive may disable your account at any time (i.e., permanently remove it), and any DiveCents that exist in your Dive wallet may be forfeited and not reinstated to you, unless otherwise provided by the laws of your jurisdiction or territory.
To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (a) our Services, (b) any term of these Terms or other applicable Dive guidelines or terms; or (c) any content or information transmitted through the Services, is to terminate your account in accordance with this Section 16 and to discontinue use of and access to any and all parts of our Services.17. Compensation you may owe to us for losses caused by you
You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless Dive, its parents companies and affiliates, as applicable, and Dive’s directors, officers, shareholders, employees, licensors and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms or any other of our terms and guidelines.
18. Certain guarantees that we are not able to make to you
Nothing in these Terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer.
The Services are provided to you “as is” and we make no warranty or representation to you with respect to them. In particular, we do not represent or warrant to you that:
• your use of the Services will meet your requirements;
• your use of the Services will be uninterrupted, timely, secure of free from error;
• any information obtained by you as a result of the Services will be accurate or reliable; and
•defects in the operation of or functionality of any software provided to you as part of the Services will be corrected.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms. We may change, suspend, withdraw or restrict the availability of all or any part of our Services for business and operational reasons at any time without notice.
We take no responsibility and assume no liability for any content that you, another member or a third party creates, posts or uploads on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading or otherwise inappropriate, none on which we shall be responsible for.
19. Changes to us or to these Terms
You agree that we may, as required for our operation and in our sole discretion, arrange or appoint another Dive group company, its successor, or collaborative partner, approved by us to carry on the operation of all or part of the Services and continue to apply these Terms.
In order to provide a better service to you, we may modify these Terms from time to time in our sole discretion, and may publish the new provisions, policies or rules affecting the use of Services at any time. Whenever it is practicably possible, we may notify you about the modified Terms as applicable by means of website announcement, email and / or in-app notification. All amendments and updates shall become effective immediately at the time of uploading online and apply to all use of and access to our Services thereafter. Please do not continue to use or access our Services if you do not agree to the modified Terms. If you do continue to use or access our Services, it shall be deemed that you and / or your legal representative
have carefully reviewed the modified Terms and agree to abide and be bound by them.20. Who is responsible if something happens
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, you shall have no right to claim damages from us or from any natural or legal person acting on our behalf.
The above paragraph does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and / or damages resulting from intent or gross negligence, as long as you have used our Services in an appropriate and correct manner.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, we shall only be liable to the extent of typical and foreseeable damage at the moment the contract was entered into. 21. How we will handle any disputes that may arise
If you have a concern, let’s talk. Go ahead and contact our Customer Support team by emailing firstname.lastname@example.org
first and we’ll do our best to resolve the issue.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.
Unless you are a consumer, in which case the venue of jurisdiction is determined by statute, you agree that any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms, any other Dive guidelines or terms, or our Services must be resolved in the District Court of Berlin, Germany.
Without prejudice to any higher degree of consumer protection granted by the laws of the jurisdiction in which you reside, the laws of the Republic of Germany shall govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter, without regard to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. 22. Other miscellaneous provisions governing our relationship with you
a. These Terms, along with any other materials incorporated by reference, make up the entire agreement between you and Dive regarding your use of our Services. They supersede any prior agreements.
b. Some of the Services that we offer are also governed by supplemental terms. If you use any of these Services, you will be provided with an opportunity to agree to supplemental terms that will become part of our agreement with you.
c. If any portion of these Terms is found to be ineffective or unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any provision of these Terms, you agree that this shall not constitute a waiver of any of our rights.
d. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
e. You may designate a person (called a legacy contact) to manage your account if it is memorialised. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure
from your account after it is memorialised.
f. These Terms do not confer any third-party beneficiary rights. All of our contractual rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.