Terms of Use

The following Text is automatically translated with DeepL. In question, the relevant version is the German one.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your agreement to these terms of use. If you do not agree to these Terms of Use, please do not use the Website.

Your access to and use of this website and all related websites operated by Deep Ocean GmbH (collectively, the "Sites") is subject to the following Terms of Use ("Terms of Use") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. you agree that the Site itself and all content, videos, training materials, products, services and/or other materials made available on the Site by us or other third parties, and the appearance of all of the foregoing (collectively, the "Content") are maintained by Deep Ocean GmbH, (the "Company") for your personal use and information and are the property of the Company and/or its third party providers. You agree that such Company Content includes all proprietary video, HTML/CSS, JavaScript, graphics, voice and sound recordings, artwork, photographs, documents and text, and all other materials contained on the Site, except for materials provided by you. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable and non-sublicensable, to access, view and use the Site solely for your personal purposes. Company Content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way, except with express written permission of Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company and other authors who created the material and may be subject to damages and penalties. You may not distribute, modify, transmit or use the content of the Website or any Content, including any software, tools, graphics and/or sound files, for any public or commercial purpose without the express written permission of the Company.

2. all content, such as text, data, graphic files, video and sound files, and other materials contained on the Site, unless otherwise noted, are copyrighted and are the property of the Company and/or a Company supplier. These materials may not be used except as provided in these Terms of Use.

3. All trade names, trademarks, and images and biographical information of individuals used in the Company Content and contained on the Site, including but not limited to the name and trademarks "Deep O.C.E.A.N Institute", "DEEP OCEAN", are either the property of or used with permission by the Company. Your use of the Content is strictly prohibited, except as expressly authorized by these Terms of Use. Any unauthorized use of any Content may violate the copyright, trademark and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity and other regulations and statutes. Nothing contained in this Agreement or on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or other proprietary information without the express written permission of Company or the owner of such third party. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but no obligation, to remove content and accounts that contain material it deems in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that infringes any party's intellectual property or these Terms of Use. If you believe that your intellectual property rights have been infringed and/or that a work belonging to you has been reproduced in any way on the Site or in any Content, you may notify the Company at info@deep-ocean-institute.com. Please include your name and contact information, the nature of your work and the nature of the infringement, any relevant copyright and/or trademark registration information, the location/URL of the infringement, and any other information you believe is relevant.

4. although the Company uses reasonable efforts to include accurate and up-to-date information on the Website, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. by registering with the Company and/or this Site, you expressly consent to receive notices, announcements, agreements, disclosures, reports, documents, communications about new products or services, or other materials or correspondence from the Company. You agree to receive communications electronically by having the communication sent to you by email.

6. if you send comments or suggestions regarding the Website to the Company, including but not limited to notes, text, drawings, images, designs or computer programs, such submissions shall become and remain the sole property of the Company. No Submission shall be subject to any obligation of confidentiality on the part of the Company. Company shall be the sole owner of all rights (including intellectual property rights) and shall be entitled to the unrestricted use, publication and distribution of all such Submissions for any purpose whatsoever, commercial or otherwise, without acknowledgment or compensation to you.

7. The Company uses commercially reasonable efforts to limit unauthorized access to our data and files. However, no system, whether password protected or not, can be completely impenetrable. You acknowledge that it may be possible for unauthorized third parties to access, view, copy, modify or distribute the data and files you store on the Site. Your use of the Site is entirely at your own risk.

8. the Company will not intentionally disclose personally identifiable information about you to any third party unless the Company believes in good faith that such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Website, you signify your acceptance of the Company's Privacy Policy, (see below). If you do not agree with all or any part of this Privacy Policy, please do not use this Site.

9. IN NO EVENT SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE, THE RESULTS OF THE USE OF THESE MATERIALS, THE SUITABILITY OF THESE MATERIALS FOR ANY USER'S NEEDS, OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER'S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOU WILL MAKE ANY MONEY USING THE SITE OR THE COMPANY'S TECHNOLOGY OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AND FOR CONDUCTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL DEPENDS ENTIRELY ON YOUR OWN PRODUCTS, IDEAS AND TECHNIQUES; THE EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND USED; AND YOUR FINANCES, KNOWLEDGE AND SKILLS. BECAUSE THESE FACTORS ARE DIFFERENT FOR EACH INDIVIDUAL, THE COMPANY CANNOT AND DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING THEIR SUCCESS OR INCOME LEVELS. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE OF BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY A THIRD PARTY WEBSITE OR SERVICE PROVIDER. ANY SUCH ISSUES WILL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND SUCH PROVIDER. Please note that applicable law may not allow the exclusion of implied warranties. Therefore, some of the above exclusions may not apply to you.

10. THE COMPANY IS NOT RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to such software). ANY SUCH ISSUE WILL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND SUCH PROVIDER. COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR INTERRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO RESTRICT YOUR USE OF THE SITE AND/OR CONTENT OR TERMINATE YOUR ACCOUNT IF THE COMPANY DETERMINES THAT YOU HAVE VIOLATED THESE TERMS OF USE OR ANY OTHER RULES OR TERMS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO DENY ACCESS TO THE SITE AND/OR THE COMPANY'S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DETERMINE WHETHER COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR INTERRUPTION. COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE FOR USE OF THE WEBSITE AND/OR CONTENT, OR A PORTION THEREOF, IN ACCORDANCE WITH COMPANY'S REFUND POLICY. COMPANY MAY REFUND ANY REFUND THREE (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, WHETHER PURSUANT TO COMPANY'S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR THE INTERRUPTION.

11. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF SUBSTITUTE SERVICES OR CLAIMS FOR SERVICE INTERRUPTION OR TRANSMISSION PROBLEMS CAUSED BY DEFECTS IN THE WEBSITE, CONTENT AND/OR RELATED MATERIALS, INABILITY TO USE THE SERVICES PROVIDED UNDER THIS AGREEMENT, OR ANY OTHER CAUSE RELATED THERETO, REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

12. You agree to indemnify and hold harmless the Company and each of its directors, officers, employees and agents from and against any and all liability, claims, damages and expenses, including reasonable attorneys' fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of any law or the rights of any third party, (iii) any materials, information, works and/or other content of any kind or media that you post or release on or through the Site, (iv) your use of the Site or any Services provided by Company through the Site, and (v) your conduct in connection with the Site or the Services or with other users of the Site or the Services. Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as the Company may reasonably request.

13. the provisions of these Terms of Use shall inure to the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

14. this Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the courts of Germany. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

15 These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.