Nemoran Terms of use

1.Definitions

By accessing the Nemoran.com web site at http://nemoran.com or http://www.nemoran.com (the "Site") or by otherwise accessing any content found on this web site, you are deemed to have entered into an agreement with Nemoran.com ("Nemoran") and to have agreed to be bound by the following terms of use ("Terms of Use"). The Site is owned and operated by Tinkernet S.L.

The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "Nemoran Content"), are copyright of Tinkernet, S.L. and its licensors.

Nemoran Service includes content such as photographic imagery and related information provided by third parties. Additionally, you may choose to access other third party content made available in Nemoran through services such as Google Maps. Google and Tinkernet S.L. make no representations or warranties regarding the accuracy or completeness of the information provided by these third parties.

2.Intellectual Property Protection

The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "Nemoran Content"), are copyright of Tinkernet, S.L. and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "Nemoran" name and logo or other trade names appearing on the Site) for any reason without written permission from Nemoran.com. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

3.Age statement

You must be 13 years or older to use Nemoran.

4. Nemoran Content and Proprietary Notices

You may not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing on photographic imagery.

The photographic imagery made available for display through Nemoran.com is provided under a nonexclusive, non-transferable license for use only by you. You may not use the photographic imagery in any commercial or business environment or for any commercial or business purpose for yourself or any third parties. You may not copy, reverse engineer, decompile, disassemble, translate, modify or make derivative works of the photographic imagery, in whole or in part. You also may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the photographic imagery or any part thereof or use it in any manner not expressly authorized by this agreement.

By using Nemoran.com, you do not receive any, and Tinkernet S.L. and/or its licensors (if any) retain all ownership rights in the photographic imagery. The photographic imagery is copyrighted and may not be copied, even if modified or merged with other data or software.

5. Appropriate Conduct

You agree that you are responsible for your own conduct and content while using Nemoran and for any consequences thereof. You agree to use Nemoran only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using the Nemoran, you will not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
• upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade
• secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post
• such content;
• upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
• download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary
• designations or labels of the origin or source of software or other material;
• restrict or inhibit any other user from using and enjoying Google services;
• use Google services for any illegal or unauthorized purpose;
• remove any copyright, trademark or other proprietary rights notices contained in or on Google services;
• interfere with or disrupt Google services or servers or networks connected to Google services, or disobey any requirements, procedures, policies or regulations of networks connected to Google services;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Google services or collect information about users for any unauthorized purpose;
• submit content that falsely expresses or implies that such content is sponsored or endorsed by Google;
• create user accounts by automated means or under false or fraudulent pretenses;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
• publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity;
• publish people's private and confidential information, such as credit card numbers, Social Security Numbers, and driver's and other license numbers; or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
• All users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

You may retrieve and display the Nemoran Content on a computer screen or (if expressly authorised) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content.

Any use of the Nemoran Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the Webmaster, and may be subject to a fee.

Please note that we reserve the right to review or reject listings with photographic imagery that violate our content policy, for example photographic imagery that contains:

• illegal content
• violations of copyright
• trademark infringement
• pornography
• incitement of violence
• promotions of hate
• invasion of privacy

6. Licence Fee, Payment, and Transactions

Access to certain Nemoran.com Content and services may be subject to a fee. All payments (including applicable taxes) must be made in the currency specified by Nemoran.com. You are responsible for the payment of all charges associated with the use of the Site using your ID.If your use of the Site is terminated by Nemoran.com, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges incurred by you prior to such termination.You may use the Site to purchase products or services from Nemoran.com's third party partners. In that event, your contract for such products will be with the third party partner and not with Nemoran.com

7. Term and Termination

Nemoran may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use the Nemoran Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of Nemoran provided in these Terms or by law.

8. Changes to the Site

Nemoran reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Nemoran Content available on the Site at any time and to restrict the use and accessibility of the Site.

9. Registration, Passwords and Responsibilities

Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to the Nemoran Content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify nemoran.com if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., user name, or of the Nemoran Content or the Site. You will provide nemoran.com with accurate, complete registration information (including in particular your e-mail address) and inform Nemoran of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Nemoran.com reserves the right to monitor and record activity on the Site, including access to the Nemoran Content.

10. Privacy Policy

The information that you provide about yourself to Nemoran.com will only be used in accordance with Nemoran's Privacy Policy Statement.

a.Intellectual Property Protection

The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "Nemoran Content"), are copyright of Tinkernet, S.L. and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "Nemoran" name and logo or other trade names appearing on the Site) for any reason without written permission from Nemoran.com. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

b. Personal Information; Account Security

When you register for and use the Nemoran Service, you will be asked to provide information about yourself ("User Data"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.

c. Information sharing and onward transfer

• Users who view your photos homepage will see information about you including your photos, and your username.
• Users may be able to see your photos through searches on Nemoran and through third party services that access publicly available information on the web.
• Users may comment on your photos; these comments can be seen by anyone who visits your photos homepage

d. Copyright Infringement

Tinkernet S.L. respects the intellectual property of others, and we ask our users to do the same Nemoran.com posts data submitted by users, sometimes anonymously, and endeavors’ to avoid using material under copyright. However, we do and will remove any postings which can be proven to have been posted without permission.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Nemoran the following information:

• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

If you are seeking permission to use nemoran.com trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please email us

11. No Warranty, Disclaimer of Liability and Indemnity

Whilst every effort has been made to ensure the high quality and accuracy of the Site, Nemoran.com makes no warranty, express or implied concerning the Nemoran Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". Nemoran expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Nemoran.com, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including but not limited to, without limitation, losses incurred due to information pertaining to dive sites, zones or countries whether that information be incorrect, misunderstood or misused, injury or loss of life whilst participating in diving or any related activity, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Nemoran.com has been advised of the possibility that such damages may arise. Nemoran.com does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties.

In no event will any liability of Nemoran.com, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Nemoran.com exceed the amount, if any, paid by you to Nemoran.com in respect of the particular Site Service to which the claim relates. Upon Nemoran's request, you agree to defend, indemnify and hold harmless Nemoran from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.

12. Force Majeure

Nemoran, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Nemoran Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

13. Miscellaneous

Changes to these Terms. You understand that we are continuously developing the features and the functionality of the Service. We reserve the right to alter these Terms of Use at any time in our sole discretion. If the alterations constitute a material change to the Terms of Use, we will notify you via Internet mail. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement. Your sole remedy should you not agree with the altered Terms of Use shall be to close your account and to cease using the Service.

Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Nemoran.com.

Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Madrid, Spain, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void

Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Madrid, Spain, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.

Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.

Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.

14. Governing Law and Jurisdiction

For the exclusive benefit of Nemoran.com, Nemoran.com shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.