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Terms & Conditions
General terms and rules for use of this site
DOMEPORT GENERAL TERMS AND CONDITIONS

The present terms and conditions are applicable to the legal relationships arising from the provision and use of services on the Domeport (www.domeprt.com) underwater photography website.

"DomePort" by the sense of these General Terms and Conditions shall mean the DomePort underwater photography website, owned and operated by Spearfish Ltd., Bulgaria.

“User” or “Users” by the sense of these General Terms and Conditions shall mean a person, who has completed the DomePort registration procedure and has obtained username and password, as well as any person using the general access services.
 
ACCEPTANCE

Any other legal arrangement and or notice between DomePort and the User shall be considered as Specific Terms and Conditions applicable to certain service. When Specific Terms and Conditions are applicable for certain service, they will be made available to the Users within the service or during the use of the service.

Should discrepancies or contradictions exist between the General and Specific Terms and Conditions, the Specific Terms and Conditions shall prevail in regards to the specific service.

The Users are allowed use the Domeport services only after accepting the General and Specific Terms and Conditions.
The terms shall be considered as accepted when any of the following occurs:
  • the User applies for registration at DomePort. The application for registration is considered as carried out when the User presses the "Register me" button at the respective registration webpage.
  • the User accepts the Terms and Conditions when Domeport has provided opportunity for acceptance for certain service.
  • the User starts using the services. In such cases the User accepts that DomePort shall consider the General or Specific Terms as accepted by the User.
The Users are not allowed to use the services of DomePort if:
  • the User is younger than the respective legal age for concluding legal arrangements in the User’s country of domicile, or - the User has been legally restricted from using the services by the laws of the Republic of Bulgaria, or the country of domicile or residence of the User.

 
PROVISION OF SERVICES

The DomePort website is a living and constantly developing system aiming to provide the best possible service to the User. The User hereby accepts that the form, content or the nature of the services may be amended without prior notice.

As part of the development process DomePort may at its on discretion temporarily or definitively and without prior notice alter or terminate the provision of the services to the Users. The Users may terminate the use of the services without prior notice.

DomePort may close, delete the registration, profile, photographs, comments or any other submitted or generated information for any User without prior notice and without any responsibility.
  Without any prior notice DomePort may impose any restriction on the quality, quantity or nature of the content allowed for upload.
 
NATURE OF THE SERVICES

The Users hereby accept that the responsibility for the entire information (files, text, software, music, audio files, photographs, drawings, videos or other images, etc. hereby referred to as “Content”) provided as part of the services or through the services remains with the person, who provided the content.

The Users hereby accept that the content provided as part of or through the DomePort services, including advertisements or sponsored content, may be subject to intellectual property rights of the respective owner. The users are not allowed to alter, lease, sell, resell or create derivative content without prior legal arrangement with DomePort or the owner of the respective rights.

DomePort reserves the right to review, filter, mark, alter, reject or remove any content or services. The users are not allowed to provide any content of inappropriate sexual nature (pornography). The Users shall report any pornographic content to DomePort by clicking on the “Report inappropriate content” link or button provided for each content material. Despite that, DomePort encourages all Users to take advantage of the third party services and software restricting the access to content the Users may consider inappropriate.

The User hereby accepts that he/she will use the DomePort services at his/hers own risk and that by using the DomePort services the User may see or read offending, inappropriate content or any content the User my object to.
The User hereby accepts the whole responsibility for any content he/she creates, distributes or visualizes by using the DomePort services, as well as for the consequences, including damages, suffered by DomePort or any third party.
 
INTELLECTUAL PROPERTY

The Users hereby accept that DomePort or the respective license providers hold all legal rights over the services or parts of the services irrespective of whether the rights are registered or not.

Unless a separate legal agreement exists the Users do not have the right to use trade marks, service marks, logos, domain names or any other material carrying the DomePort brand. The users also accept not to remove, hide or alter the copyright, trademark or any other intellectual property.

The Users hereby accept not to remove, hide or alter the intellectual property notices (including copyright or trademark notices) which may be added or included in the Domeport services.

The Users retain all intellectual property rights over the content displayed or published in or through the DomePort services.
By uploading any content (including text, images, drawings, photographs, diagrams etc.), the Users provide DomePort with worldwide, nonexclusive license for multiple public displaying, adapting, changing and translating of each and any uploaded content only as part of the DomePort services.

DomePort accepts that it does not receive from the Users any license, besides the license provided hereby. Domeport has no obligation to protect the intellectual property rights of the User and the User hereby accepts to take all necessary measures for protecting such rights.

In order to simplify the above: You remain the sole owner of the copyright of your images. You are only granting DomePort with the right to use your content for the DomePort services. If we want to use your images for any other purpose we would contact you personally for DomePort to obtain your exclusive permission.

DomePort hereby provides the Users with personal, worldwide license for nonexclusive use of the software provided by DomePort as part of the services. This license allows the users only to freely and lawfully use services provided by DomePort.
The Users hereby accept that by carrying out the necessary technical actions for provision of the services to its users DomePort may (a) provide or distribute the Users’ content in any public networks or media and (b) to carry out any necessary amendment of the Users’ content so it corresponds or be adapted to the technical requirements of the distribution networks, devices, services or media. The Users hereby accept the License provided to DomePort allows the latter to carry out any such actions.
The User hereby accepts and guarantees that he/she holds or owns all necessary rights to provide the aforementioned License.

DomePort has the right to show, load, execute, send, etc. any advertisement materials. The respective advertisers are solely responsible for the content, the property over trade marks and other intellectual property rights in the advertisement materials.
 
WARRANTY DISCLAIMER

DomePort provides its services on "as is" basis and DomePort, it’s partners or agents do not provide the Users with any warranties and cannot be held responsible for their operation, the type and number of functionalities and the access to the services.

DomePort cannot be held responsible for any damages or losses resulting from unavailability of the part or the whole website and/or services due to technical reasons, administrative decisions, etc.

DomePort is not responsible for the content, quality and nature of the materials and photographs published on the website or any actions of the Users, even when the latter have used lawfully or unlawfully the services provided by DomePort.

DomePort reserves its right to change the design, the content and the functionalities of this website without prior notice.

The DomePort website is organised in a user-friendly matter. DomePort is not obliged to provide any help, assistance or instructions to the Users.
 
RESTRICTIVE MEASURES

DomePort reserves the right to restrict the access of individual or all Users to part or all of the services provided by the website.
DomePort may exercise any sanctions related to the provided services upon lawful request by the government or official authority, or upon reasonable doubt that the User has violated the present General terms and conditions or the DomePort Rules.
 
PERSONAL INFORMATION

  For the provision of its services DomePort collects, uses and stores usernames and other information provided with the express consent of the Users.

DomePort may install "cookies" on the hard drive of the User's computer. The cookies are small text files allowing the User to be identified when revisiting the DomePort website.

DomePort may collect information such as IP address, operating system, display resolution, or other information that cannot identify directly any individual. Such information is collected aiming to maintain and improve the website functionalities and services, for statistical, advertisement or other purposes.

DomePort cannot provide the information stored on its services to any third parties, with the exception of the cases when the information is lawfully required by institution, body or individual empowered by law.

Processed generalized information may be provided to third parties for advertisement, statistical or sociological purposes. However such information cannot contain data allowing personal identification of the Users.

DomePort cannot guarantee or be held responsible for the actions of third parties collecting, saving, transmitting or using lawfully or unlawfully any information or data exchanged between the website and the users.

DomePort cannot be held responsible for any links leading to content outside of the www.domeport.com domain.
 
RIGHTS AND OBLIGATIONS OF THE USERS

The Users have the right to use the services provided by DomePort in accordance with the General and Specific terms and conditions, the DomePort Rules, applicable legislation or legal orders and the generally acceptable practices.

In order to use certain services the users may be required to provide information, such as personal information, address or other information, as part of the registration system or as part of your continuous use of the service. The Users hereby accept that this information will always be accurate and true.

Unless his/her profile, information or photos have been deactivated for violation of the present General Terms and Conditions, the User is allowed access to his/hers information.

The Users shall refrain from any activity hampering or disturbing in any way the provision of services or the DomePort networks or servers.

Unless a separate legal arrangement between DomePort and the User exists the User is not allowed to broadcast, duplicate, copy, trade or resell the Domeport services or content.

The User shall introduce correctly and completely the data required by DomePort and bears the legal responsibility for all actions carried out while using the DomePort services, including damages suffered by DomePort or its Users.

The User is solely responsible for safeguarding the secrecy over its password and username and profile data. The User hereby accepts the entire responsibility for all activities carried out through the User’s profile.

Should the User become aware that his/her profile is being used by unauthorized person, the User is obliged to immediately inform DomePort by e-mail message sent to support@domeport.com.

The User hereby agrees that DomePort staff has access to information such as e-mail address, IP address, messages content, etc. However the DomePort staff does not have the right to share this information with any third parties, unless required to do so by law.

The Users bear the whole responsibility for any attempted or committed unlawful access to profile, information, networks, computers, etc., different than his own.
 
AMENDMENTS OF THE TERMS AND CONDITIONS

DomePort may periodically amend the present General or any Specific terms and conditions. Such amendment will be made available to the Users and a special notice will be laced in the News section of DomePort. 

The Users hereby accepts that should they continue using the services after the publication of the aforementioned amendment notice, DomePort will consider the amended terms and conditions as accepted by the User.
 
GENERAL LEGAL TERMS

The present General Terms and Conditions represent the complete legal arrangement between DomePort and the Users for the use of the Domeport services, with the exception of the specific terms and conditions for certain services.

The Users hereby accept that DomePort may send the Users written notices by e-mail, regular post or by publication as part of the services.

The Parties hereby agree that the legislation of the Republic of Bulgaria will be applicable to all issues not expressly covered by the present General terms and Conditions.

19.02.2009
Amended:
August 04, 2009

 

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