1. ACCEPTANCE OF TERMS
MDG Asia Pacific provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.mdgasiapacific.org/terms-of-service/. Your use of the website constitutes your agreement to all such terms, conditions, policies and notices (the “Agreement”).
2. DESCRIPTION OF SERVICE
MDG Asia Pacific provides users with access to a collection of content, features, communication tools, galleries and directories (the “Service”). Access to certain MDG Asia Pacific content is solely through registration. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that MDG Asia Pacific assumes no responsibility for the accuracy of information provided, or the ramifications of any potentially inaccurate information. You are responsible for obtaining access to the Service by joining through MDG Asia Pacific’s registration page and understand that you shall be responsible for obtaining and maintaining all internet, computer hardware and other equipment needed for access to and use of MDG Asia Pacific and all charges related thereto.
3. MODIFICATIONS TO SERVICE
MDG Asia Pacific reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MDG Asia Pacific shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. MDG Asia Pacific may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.
4. USER CONDUCT
By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other MDG Asia Pacific users;
- to post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
- with the exception of accessing our RSS feeds and widgets, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- attempt to impersonate another user or person;
- sell or otherwise transfer your profile.
MDG Asia Pacific may remove any content and accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. To report Terms of Service abuse, please email
You are solely responsible for your interactions with other users of the Site. MDG Asia Pacific reserves the right, but has no obligation, to monitor disputes between you and other users.
5. REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process required to obtain access to MDG Asia Pacific’s Service, you will be assigned a member ID and you will select a password. You will provide MDG Asia Pacific with certain registration information, all of which must be accurate and updated. You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your MDG Asia Pacific account and you are the only person authorized to use your member ID and password.
6. NON-TRANSFERABILITY OF MEMBERSHIP
Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void and may result in the cancellation of your account.
7. CORRESPONDENCE WITH THIRD PARTIES
Your correspondence or business dealings with dive operators, photo contests or other activities found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that MDG Asia Pacific shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
MDG Asia Pacific may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MDG Asia Pacific has no control over such sites and resources, you acknowledge and agree that MDG Asia Pacific is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MDG Asia Pacific shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MDG Asia Pacific SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MDG Asia Pacific HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
11. RESTRICTIONS ON USE:
You may not use MDG Asia Pacific or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use MDG Asia Pacific solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
13. ENTIRE AGREEMENT:
This Agreement and any other additions to the TOS constitute the entire agreement between you and MDG Asia Pacific and govern your use of the Service.
The Terms of Service are not assignable, transferable or sublicensable by you except with MDG Asia Pacific’s prior written consent, but may be assigned or transferred by MDG Asia Pacific without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
15. REFUSAL OR DISCONTINUANCE OF SERVICE
MDG Asia Pacific reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.