Miss Scuba

Miss Scuba Terms of Use Agreement

Effective: March 2009.

PLEASE READ THESE TERMS OF USE CAREFULLY;  The Miss-Scuba.com (ScubaDiveGirls.com) website (hereafter “the Website”) is a service offered by Szilvia Gogh d/b/a Miss Scuba. These Terms of Use describe the terms and conditions applicable to your access and use of the Website. Miss Scuba may amend these Terms of Use at any time by posting the amended Terms of Use on the Website, and visitors are deemed to be apprised of and bound by any changes to the Terms of Use. Miss Scuba may make changes in the services described in the Website at any time. You, the visitor, understand that Miss Scuba may discontinue or restrict your use of the Website for any reason without notice. If you do not agree with this agreement, you should leave the Website and discontinue use immediately.

About the Information on this site
The content available on the Website is intended to be an information resource and is provided “As Is” and “As Available.” You, the visitor, are encouraged to confirm the information contained herein with Miss Scuba directly. You should not construe Miss Scuba’s publication of the content on the Website as a warranty or guarantee of the quality or availability of any travel package, apparel or shop item. Miss Scuba will make every effort to keep information accurate and updated but changes can and will occur.

Use of Materials on this site
Miss Scuba invites you to view, use and download a single copy of the Website for your informational and non-commercial use via an Internet browser. While you make limited copies of your travel itinerary (and related documents) for travel or services available on the Website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, or services obtained from the Website. This includes (but is not limited to) logo designs, t-shirt designs, jewelry designs, copyrighted photography and Website copy.

Links to this Site and Use of Marks
The Website may contain links to websites operated by other parties, including websites that give users the ability to purchase or "book" travel arrangements (a service not offered by Miss Scuba). Miss Scuba provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Miss Scuba, and Miss Scuba is not responsible for the content available on the other sites.

 
Unless otherwise set forth in a written agreement between you and Miss Scuba, you must adhere to Miss Scuba’s linking policy as follows: (a) the appearance, position and other aspects of the link to the Website may not be such as to damage or dilute the goodwill associated with Miss Scuba’s names and trademarks, (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Miss Scuba, (c) when selected by a user, the link must display the Miss Scuba Website on full-screen and not within a “frame” on the linking Website, and (d) Miss Scuba reserves the right to revoke its consent to the link at any time and in its sole discretion.

Passwords
When you sign up to become a registered Member of the Miss Scuba commerce system, you will be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Miss Scuba immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Content Posted
Miss Scuba may delete any Content that in the sole judgment of Miss Scuba violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Miss Scuba assumes no responsibility for monitoring the Miss Scuba Services for inappropriate Content or conduct. If at any time Miss Scuba chooses to monitor the Services, Miss Scuba nonetheless assumes no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Miss Scuba Services (such as item reviews in the commerce area of the Website). Content is not necessarily reviewed by Miss Scuba prior to posting and does not necessarily reflect the opinions or policies of Miss Scuba. Miss Scuba makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that is transmitted to the public.

Prohibited Content includes, but is not limited to Content that, in the sole discretion of Miss Scuba:

• Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains nudity, violence, or offensive subject matter or contains a link to an adult website;
• solicits personal information from anyone under 18;
• provides any telephone numbers, street addresses, last names, URLs or email addresses;
• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
•  involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• includes a photograph of another person that you have posted without that person's consent;

Website Security
MISS SCUBA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.

Copyright
The Website is protected by U.S. and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website or MISS SCUBA logos without MISS SCUBA’s express written permission. Student work is exempt as long as it makes reference and provides proper contact information and linkage to the Website.

Location
The Website is operated in the United States. Miss Scuba makes no representation that the information in the Website is appropriate or available for use in other locations. Access to the Website from territories where the content of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Privacy Policy
By agreeing to these terms, you agree that Miss Scuba may use your information as described in our Privacy Policy. 

Travel Destinations
BY OFFERING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, MISS SCUBA NEITHER REPRESENTS OR WARRANTS THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND MISS SCUBA IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

Responsibility
Miss Scuba acts as an agent for the airlines, tour operators, cruise lines lodging providers, car-rental companies, ground operators, and any other suppliers of travel services shown on your itinerary. Miss Scuba is not responsible for the acts or omissions of such suppliers or their subcontractors or their failure to provide services, adhere to their own schedules, or honor their contracts.

Swimming and scuba diving are high risk activities. The participant(s) has full responsibility to be informed of the risks and hazards of these sports. By participating in a Miss Scuba reservation, the participant hereby agrees that neither he nor his heirs, personal representative, assignees nor his estate have any claim against Miss Scuba for illness, injury or death resulting from participant's use of a Miss Scuba package. The participant further waives any claim against Miss Scuba for any damage to or loss of property, or injury or death of person due to any act of negligence of any airline, hotel, or any other persons rendering any of the services or accommodations included in the ground portion of the itinerary. Miss Scuba shall not be responsible for any delays, substitution of equipment or any act of omission whatsoever by the supplier/carrier, its agents, servants, employees, and participant hereby waives any claim arising there from.  Any relative concern or dissatisfaction regarding supplier/carrier will need to be directed by the participant(s) to the party concerned.  Miss Scuba can assist with contact information.

It is the responsibility of the client to insure that all flying after diving rules or guidelines are met.  We can assume no responsibility for decompression effects or illness as a result of flying after diving, regardless of surface interval.

Package Pricing
All package prices can be adjusted to comply with your individual requirements, i.e. air transportation, length of stay desired, etc.  All prices are subject to change without notice.

Payments
We accept cash, checks made payable to Miss Scuba, Visa, MasterCard, or PayPal. Usage of PayPal is subject to their terms and conditions.

Travel Requirements
International travel requires proof of citizenship for entry visas, and requirements vary depending upon your destination and citizenship.  Some destinations will require advance visa application and approval.  Passport validity/expiration date will be relative, customarily 3-6 months after arrival into each country. NOTE: 1-3 clean pages may be required in your passport on arrival, for VISA processing, to avoid delays and/or complications.

Insurance
We highly recommend the purchase of Travel Guard insurance.  This coverage protects you financially if you should have to cancel or interrupt your trip due to an unforeseen circumstance (as indicated by the Travel Guard Policy) or if you need to seek medical attention and evacuation while traveling. We strongly recommend purchase within 7 days of your first payment to qualify for additional benefits. DAN Insurance for all dive trips is strongly advised. Please visit www.diversalertnetwork.org to sign up.

Cancellations and Refunds
Deposits are non-refundable. Cancellations received 180 days or more before departure incurs nonrefundable deposits, AND any penalties levied by the supplier. 180-0 days, 100% of trip cost is non-refundable. Cancellations vary with hotels, dive operators, airlines and other suppliers. These variations may require additional forfeitures regardless of date of cancellation. Cancellations for no-shows will not receive any refund. Once travel commences, unused portions of the package are non-refundable.

No refunds will be made if improper personal/passport documentation results in denied boarding or entry.  No refunds of adjustments will be made for any changes, cancellations or modifications of services provided in this itinerary, if such changes are made by you the participant during your travel. Travelers making any payments by credit card agree that by signing the credit card authorization, they agree to the Terms and Conditions and agree not to request any charge backs on the card until any disputed matters’ resolve is initiated by Miss Scuba. 

Booking Information
It is the responsibility of the traveler to provide Miss Scuba with the following information and assets, as requested:       

• Legal names (as on passport) for each passenger.
• Passport validity and/or Visa requirements for arrival and departure in each country
• Fees required for arrival/departure for each county
• Airline Frequent flyer mileage numbers
• Vessel seating and special meal preferences
• Open water certification
• Special needs information (Rental diving equipment needs, special meals, and etc.)
• Emergency Contacts

Arbitration
Any controversy or claim arising out of or relating to your use of the Website or Miss Scuba’s services shall be settled by binding arbitration in Los Angeles, CA in accordance with the commercial arbitration rules of the American Arbitration Association. You agree to submit any controversy or claim against Miss Scuba within thirty (30) days after returning from a trip, visiting the site or purchasing an item.   Any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Either you or Miss Scuba may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or Miss Scuba pending the completion of arbitration.

Choice of Law
CHOICE OF LAW. Any claims relating to the information or services available on the Website will be governed by the laws of California, excluding the application of its conflicts of law rules. If any provision of these Terms of Use are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Violations and Additional Policies
Miss Scuba reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth on the Website, including the right to block access from a particular Internet address to the Website.