2024-01-01
Terms and Conditions of HOHE Media GmbH for the use of www.divedict.com
1. Preamble
1.1 HOHE Media GmbH, located at Klosterwiesgasse 101b, 8010 Graz, operates a portal under www.divedict.com for ocean lovers, offering editorially selected and curated information. The portal provides a detailed bio-dictionary with images and information about animals and plants, a world map with marked dive and snorkel sites and related information, as well as several video series. Our video series have been designed to meet the needs of divers and snorkelers. In our series DiveDict Explore, you will discover exciting dive spots around the world with us.
1.2 The website www.divedict.com, including national and international subdomains, is operated by HOHE Media GmbH. For simplicity, the term "DiveDict" will be used both for the operator of the website and for the website itself.
2. Scope of Application
2.1 The use of DiveDict's services is subject exclusively to these Terms and Conditions (hereinafter referred to as "T&Cs"). Contradictory terms and conditions will only apply if DiveDict explicitly agrees to them in writing.
2.2 These T&Cs apply to both entrepreneurs and consumers. In the case of legal relationships with consumers within the meaning of the Consumer Protection Act (hereinafter referred to as "CPA"), they shall apply only insofar as they do not contradict the mandatory provisions of the CPA.
2.3 By using any of the functions and services of DiveDict, the user (hereinafter "user") accepts the binding nature of these T&Cs, regardless of whether they are registered or not. Therefore, DiveDict recommends that users carefully read the T&Cs before using the services.
2.4 Users are further divided into registered users who use functions and services free of charge (hereinafter "registered, free users") and registered, paid users (hereinafter "subscribers"). DiveDict reserves the right to provide trial subscriptions and to define and modify the functions and services available for them, both in terms of time and quantity (hereinafter "trial subscriptions").
2.5 DiveDict reserves the right to modify the T&Cs at any time. Users will be notified of changes to the T&Cs online on the DiveDict homepage or via email. The changes will become effective (subject to special provisions for subscribers) upon publication of the modified T&Cs.
2.6 In the event of a change in ownership (partial or complete transfer of ownership), DiveDict may transfer all acquired rights and user data to the new owner.
2.7 The T&Cs are divided into three sections:
2.7.1 The "General Terms of Use", which apply to users, registered free users, as well as subscribers or trial subscription users.
2.7.2 The "Special Terms of Use for Subscribers", which apply exclusively to subscribers.
2.7.3 The "Final Provisions", which also apply to all users.
3. General Terms of Use
3.1 Scope of Services
3.1.1 DiveDict provides users with the services offered on the website. The connection of the user to the internet is not included in DiveDict's services. The user is responsible, at their own expense and risk, for ensuring they have an internet connection that meets their requirements and for maintaining the current system requirements.
3.1.2 The services provided may be discontinued at any time. If the discontinuation concerns paid subscription services, DiveDict will inform the subscribers of the upcoming discontinuation by posting an announcement on the website.
3.2. Availability, Customer Service
3.2.1. DiveDict will strive to ensure the best possible availability, accuracy, timeliness, and reliability of its services. However, the user acknowledges that no guarantees can be made in terms of content or technical aspects. DiveDict will, however, make every effort to resolve any issues that arise.
3.2.2. Complaints can be sent to DiveDict's customer service via email (support@divedict.com) or by mail (Klosterwiesgasse 101b, 8010 Graz).
3.3. Liability
3.3.1. DiveDict is provided and made available according to the current technical standards.
3.3.2. DiveDict explicitly informs its users that a special training is required to implement the diving and technical content shown on the website and that it may only be performed with such training. DiveDict only provides suggestions for dive sites and recommendations for diver levels. Each individual must decide whether the recommendation matches their level.
3.3.3. DiveDict is not liable for the compatibility of the internet service with the hardware or software of the user. Furthermore, DiveDict is not liable for the continuous availability of the internet service, for viruses, misuse, or damages arising from improper use by the users or due to unsuitable hardware or software, for malfunctions arising from the internet connection, for user application errors, or for any other malfunctions resulting from the use of DiveDict.
3.3.4. DiveDict is not liable for server downtime. DiveDict is entitled to temporarily suspend the internet service for necessary reasons (e.g., maintenance, security, capacity, improvements).
3.3.5. The links offered on DiveDict's website are carefully selected, but DiveDict is not liable for the content of the linked pages. If a user becomes aware of any linked pages with illegal content, they should immediately send an email to DiveDict's customer service.
3.3.6. If DiveDict is legally liable for any damage, the liability is limited to intent and gross negligence. Further liability of DiveDict, particularly for slight negligence, atypical damages, lost profits, damage to goods, indirect and consequential damages, damages to third parties, including under product liability, interest loss, etc., is excluded. DiveDict's liability is limited to a maximum amount equal to the respective subscription price of the affected user. The burden of proof for DiveDict's fault lies with the user.
3.3.7. DiveDict is not liable for damages resulting from force majeure or other failures not attributable to DiveDict, governmental measures, disturbances, interruptions, or other faults in the direct or indirect network connection, third-party actions in the network area, or any other actions not attributable to either party or necessary and appropriate technical measures (e.g., maintenance).
3.3.8. As far as liability is legally limited, this also applies to the personal liability of employees, representatives, agents, and subcontractors of DiveDict.
3.4. Copyright, Scope of Use
The services and content provided by DiveDict (e.g., images, video, and text documents) are protected by copyright. Users may only use them for personal, non-commercial use as defined by the copyright law (UrhG). Any further publication, distribution, or storage is prohibited.
3.5. Community Areas (Forum, etc.)
3.5.1. To use the free community areas and parts of the services offered by DiveDict, the registration of the user is required (see section 3.8). The user is obliged to fill out the registration form truthfully. Any changes to the registration data must be updated by the user in the designated customer service area.
3.5.2. Each user is responsible for the content they publish, particularly for any infringement of third-party copyrights. The user agrees to indemnify DiveDict from any damages arising from messages and data they circulate, especially from private lawsuits regarding defamation (§ 111 Criminal Code), slander (§ 115 Criminal Code), email advertising (§ 107 Telecommunications Act), proceedings under the Media Act, Civil Code, Copyright Act, or any other applicable legal provisions.
3.5.3. By publishing or uploading content, the user grants DiveDict the exclusive, exclusive, unlimited right to use the uploaded works, without limitation of time or type of use. The right to edit the work is explicitly included. The right to be credited as the author may be waived.
3.5.4. Uploading viruses, malicious code or inmoral content is prohibited and will be subject to criminal and civil legal action.
3.5.5. Publishing unauthorized advertising communications on DiveDict is prohibited, and any benefits gained from such actions must be reimbursed to DiveDict.
3.5.6. Actions that impair, overload, or block the proper functioning of DiveDict are prohibited and will be subject to criminal and civil legal action.
3.5.7. Users are not allowed to collect data or content from other users via automated mechanisms, such as bots, robots, spiders, or scrapers, etc.
3.5.8. DiveDict explicitly points out that the content uploaded and provided by users themselves is not monitored, and no responsibility is assumed for it. DiveDict only conducts random checks and reserves the right to remove content that violates legal provisions, promotes violence, displays racist, xenophobic, or pornographic tendencies, or is otherwise discriminatory or offensive.
3.6. Data Protection
3.6.1. DiveDict is committed to complying with the applicable data protection laws.
3.6.2. For the proper operational handling of subscriptions, data is collected and processed:
3.6.2.1. Personal data such as gender, first name, last name, email address, contact person's address, billing or shipping address, date of birth, and other data provided by the user.
3.6.2.2. Contract-related data, such as contract start date, subscription type, payment modalities, billed amounts, invoice delivery method, payment receipts.
3.6.3. The user agrees to provide all information correctly, completely, truthfully, and in accordance with legal provisions. The user is obligated to keep the data up to date. Registration for a legal entity must only be done by a legally authorized natural person.
3.6.4. DiveDict reserves the right to request appropriate proof from the user to verify the accuracy of the data.
3.6.5. The user gives their consent for the collection, processing, storage, and transmission of personal data by DiveDict as long as it relates to the services provided by DiveDict. This consent can be withdrawn at any time without providing a reason, with effect for the future.
3.6.6. The user agrees that DiveDict’s site may be analyzed using third-party services, such as “Google Analytics.”
3.6.7. The user is aware that the use of www.divedict.com requires the use of cookies and gives explicit consent to this. These are small text files that are stored on the user’s computer. After the browser session ends, unnecessary cookies are deleted. The so-called "persistent cookies" remain on the user’s computer and allow the user to be recognized on their next visit. Cookie storage can be prevented by adjusting the browser settings. The user acknowledges that disabling cookies may limit the functionality of the website.
3.6.8. Subject to section 3.6.5., personal data will be treated confidentially by DiveDict and, in particular, will not be made available to third parties for commercial purposes.
3.6.9. By submitting the registration data, the user agrees to the storage, processing, and transmission of the data as outlined in sections 3.6.5. - 3.6.7.
3.6.10. The personal data of the users will only be used by DiveDict, without their separate consent, to the extent necessary for the performance of the contract. This includes, in particular, the transfer of user data to credit institutions or other service providers involved in the provision of services or contract processing. The user expressly consents to the sharing of this information for this purpose.
3.6.11. Finally, customer accounts and personal data will be disclosed if DiveDict is legally required to do so or if such disclosure is necessary to enforce these terms and conditions or DiveDict's claims. The user expressly agrees to this.
3.6.12. If the website and online store are used on mobile devices, such as tablets or smartphones, and location-based services are activated or the user has consented to them, information about the user's location and the device being used, as well as a unique identifier associated with the device, may be transmitted to DiveDict. The user agrees that this information may be used by DiveDict to offer location-based services or other personalized content.
3.6.13. If users have subscribed to DiveDict’s newsletter using their email address, they explicitly agree that their email address may be used for marketing purposes until the user unsubscribes from the newsletter. Unsubscribing from the newsletter is possible at any time, without providing a reason.
3.6.14. The user has the right to request information about the scope and use of their stored personal data. Additionally, they can request the correction, blocking, or deletion of their data, provided it is legally permissible.
3.6.15. Questions regarding the collection, processing, or use of personal data, or regarding the correction, blocking, or deletion of data, can be sent to HOHE Media GmbH, Klosterwiesgasse 101b, 8010 Graz, support@divedict.com.
3.6.16. The user is obliged to keep their access data confidential and protect it from unauthorized access by third parties. The user must immediately report any misuse or unauthorized access in writing to customer service. Until such a report is made, any action or use of DiveDict associated with the user's access data will be attributed to the user. DiveDict is also committed to keeping the users' access data confidential.
3.6.17. Users of DiveDict are prohibited from sharing their registration data with third parties. In the event of a breach, the affected user will be liable for any damages caused to DiveDict by the unauthorized use. In particular, the user is liable to DiveDict if a third party makes claims for compensation against DiveDict.
3.7. Consent to Receive Information
The user agrees, until further notice, that DiveDict may send notifications (especially regarding updates) concerning the DiveDict website to the user's provided postal or email address.
3.8. Registration
3.8.1. Registration is done by filling out and submitting the electronic registration form available on the DiveDict website. The user is required to truthfully complete the registration form and provide a valid email address. Incorrect information — even if made accidentally — is not the responsibility of DiveDict.
3.8.2. DiveDict reserves the right to change the registration terms at any time in accordance with the registration form.
3.8.3. After successful registration, a link will be sent to the email address provided by the user, which can be used to activate the user's account. By clicking the link, the user's account will be activated by DiveDict.
3.8.4. The email address provided by the user serves as the basis for registration. If an invalid email address is provided, the registration cannot be completed.
3.8.5. DiveDict is not obligated to verify the receipt of the activation link at the user's email address. If the user does not receive the activation link, they must promptly contact DiveDict and request that the link be resent.
3.8.6. Changes to the registration data must be updated by the user in the designated customer service section. Notifications or any refunds to be made by DiveDict will be considered legally effective when sent to the most recently provided address or bank account.
3.9. Access Data (Login)
After successfully completing the registration, the user will use the "login" data, which includes their email address and a self-chosen password, to log into the subscription area. The password can be changed by the user at any time in the customer service section.
4. Special Terms of Use for Subscribers
4.1. Scope of Services
4.1.1. DiveDict has set up an area on its website exclusively for subscribers. In the subscription area, subscribers can access paid additional services from DiveDict.
4.1.2. DiveDict provides editorially selected content in the subscription area. There is no entitlement for the subscriber to request a change of this content at a specific time or to access specific content.
4.1.3. No new content will be released during DiveDict's company holidays. Company holidays are as follows:
4.1.3.1. Christmas: 2 weeks
4.1.3.2. Early June: 2 weeks
Details can be found on DiveDict’s website or in the newsletter.
4.2. Single and Multiple Licenses
4.2.1. DiveDict subscriptions are generally assigned to a specific person, and therefore usually correspond to a single license.
4.2.2. The holder of a single license is prohibited from passing on DiveDict's services to third parties. If the services offered to subscribers are used by the holder of a single license within organizationally connected institutions, the individual subscriber is prohibited from using the services outside of their person or their personal work area, and in particular from sharing them with other organizations.
4.2.3. For the shared use of DiveDict's subscription offers within organizationally connected institutions, each user must have their own license. It is possible to acquire corresponding multiple licenses, which are expressly marked as such by DiveDict on the subscription order page.
4.3. Paid Subscription Order, Contribution, Due Date
4.3.1. After successful registration or login, the user can fill out an online form to order a paid subscription. The user can select the subscription duration and payment method. Before submission, all relevant data and information for the order will be summarized in an order overview. The user can review and change their billing address, payment method, and subscription duration before submitting their order to DiveDict by clicking the corresponding button. However, an order can only be submitted if the user has previously accepted the Terms and Conditions (T&Cs), security instructions, and consent to immediate contract fulfillment, as well as the associated waiver of the right of withdrawal for digital goods. The user can view, download, save, or print the T&Cs before submitting the order.
4.3.2. The invoice will be made available on the website and sent to the desired billing address by email or postal mail. The different subscriptions and their current prices are visible on DiveDict's website.
4.3.3. Payment for the subscription fee is made according to the country-specific payment options. DiveDict reserves the right to introduce other payment methods.
4.3.4. For payments by invoice, the subscription payment is due after receiving the invoice. If the subscription is extended due to a failure to cancel, the subscriber will be sent an invoice for the entire new subscription period. The due date and payment terms as outlined earlier also apply in this case.
4.3.5. In the case of late payment despite a reminder, access to the subscription area will be blocked. DiveDict is entitled to charge interest on overdue subscription payments at a rate of 10% per annum, as well as reminder and processing fees.
4.4. Duration and Termination of a Subscription
4.4.1. If the subscription is not canceled by the subscriber in writing (via email, online cancellation form, or registered mail) at least by the end date of the respective subscription period (date of receipt at DiveDict), the subscription will automatically renew for the respective period.
4.4.2. The subscriber may cancel their subscription at any time. The cancellation will be effective at the end of the current payment cycle, and the subscription will be terminated.
4.4.3. If the subscriber breaches the T&Cs or the obligations arising from the application form, DiveDict is entitled to terminate the subscription without notice with immediate effect.
4.4.4. In the event of timely cancellation by the subscriber (see section 3.8.2.), the subscription or the contract between DiveDict and the subscriber will end on the expiration date of the respective subscription. No refund will be made for any subscription payment already made in this case or in the event of termination by DiveDict.
4.4.5. If the subscription has not been paid at the time of cancellation, the outstanding subscription payment will become immediately due.
4.4.6. For the cancellation of subscriptions that are paid via automatically recurring payment services (PayPal, credit card, electronic direct debit), the cancellation must be made to DiveDict. The existing direct debit order will then be canceled by DiveDict. A self-cancellation of the direct debit order by the user will not be considered as a cancellation. In such cases, the user must reimburse DiveDict for the costs incurred due to the failed payment attempt.
4.5. Change of Subscription Terms
DiveDict reserves the right to change the subscription terms at any time, especially regarding duration and prices, with ongoing subscriptions being exempted until the expiration of the respective (original) term. However, the new terms will apply to subscriptions extended due to untimely cancellation according to section 3.5.2. Subscribers will be notified of the changes via email or online on DiveDict's homepage.
4.6. Right of Withdrawal for Subscription Contracts (§ 11 FAGG)
4.6.1. Users are aware that they generally have a 14-day right of withdrawal from the day of the contract conclusion (i.e., the submission of registration). However, this right of withdrawal does not apply to contracts for the delivery of digital goods if the entrepreneur has begun the delivery before the withdrawal period has expired.
4.6.2. The users expressly declare upon contract conclusion that they wish DiveDict to provide them with the content of the website immediately after the activation email, which is sent right after registration, even before the 14-day withdrawal period expires. Users are aware of and agree to the fact that by immediately providing the service, the 14-day withdrawal right provided under § 11 FAGG is waived.
4.6.3. Users will be informed by DiveDict before the contract conclusion that due to their request for immediate contract fulfillment, they do not have the 14-day right of withdrawal under § 11 FAGG, as all of DiveDict's content will be immediately available to users – even before the expiration of the withdrawal period.
4.7. Special Privacy Regulations for Subscribers
4.7.1. In addition to the provisions under section 2.6, the following applies to subscribers: The subscriber agrees that DiveDict will store their personal data, as well as the content they upload and provide.
4.7.2. The subscriber expressly consents that DiveDict will retain the data they have provided and the uploaded content for up to 6 months after the subscription is canceled in order to make the data available again to the subscriber in case of a future re-registration. Third parties will not have access to the data or uploaded content after subscription cancellation.
4.7.3. If the subscriber wishes a permanent deletion of certain provided data, they must inform DiveDict. DiveDict will comply with the deletion request within 7 days, unless the deletion concerns data related to the contractual relationship between DiveDict and the subscriber. These data will be retained by DiveDict until the expiration of statutory warranty, liability, limitation, and retention periods, and furthermore until the resolution of any legal disputes where the data is required as evidence.
4.7.4. By registering on DiveDict, DiveDict offers its users access to free content. DiveDict reserves the right to change the access period and the amount of content at any time.
4.7.5. For registration, as well as for the handling and responsibility of access data, the previously mentioned points apply accordingly (see 3.6.16).
4.8. The online shop is currently inactive.
5. Final Provisions
5.1. Severability Clause
5.1.1. The invalidity of individual provisions does not affect the validity of the remaining provisions of the T&Cs. In place of the invalid provision, a valid one will apply, which comes closest economically and legally to the invalid one in its purpose. This also applies in the case of a regulatory gap.
5.2. Contract Language, Jurisdiction, Applicable Law
5.2.1. These T&Cs are concluded in the German language. Translations may be made. The German version of the T&Cs is the original to be used for any interpretation or construction questions.
5.2.2. Austrian law applies, excluding conflict-of-law provisions.
5.2.3. For disputes related to this contract, the competent court in Graz, Austria, is agreed as the place of jurisdiction.
Graz, 2024.01.01. – HOHE Media GmbH