Last updated July 31, 2020
Dive Chat, Inc. (“Dive Chat,” “Dive,” “our,” “we,” or “us”) is a group messaging platform for Gen-Z communities. These Terms of Service (“Terms”) apply to you as a user (“you” or “User”) and create a legal, binding contract between you and Dive regarding your access to or use of Dive’s applications, websites, content, features, products or other services (collectively, “Services”).
Please read these Terms carefully. Your access to and use of the Services are impacted by these Terms and if you do not agree to any of these Terms, you may not access or use the Services.
DIVE DOES NOT PROVIDE ACCESS TO EMERGENCY SERVICES. The Services cannot be used to make emergency calls or send messages to law enforcement, fire departments, hospitals or similar access points for safety and security. It is your responsibility to ensure you can contact such emergency services.
Dive may amend these Terms from time to time. Such changes to the Terms will be effective once they are posted at this location. Your continued access to and use of the Services will constitute acceptance of such new Terms. If you don’t agree with the new Terms you must discontinue access to and use of the Services.
1. Use of Services
You may access and/or use the Services only if you have reached the age of majority or legal age in your jurisdiction (generally 18 or older), are located in the United States or Canada, and can form legally binding contracts under applicable law. If you are under 18 or the legal age of majority in your jurisdiction, your parent or guardian must agree to these Terms on your behalf. You agree to maintain accurate and complete information as it relates to any account you create as part of the Services or other information that Dive requires in connection with your access or use of the Services. You agree that your failure to provide accurate and complete information may result in your inability to access or use the Services. You agree that all activity engaged in by any account associated with you as part of the Services will be your responsibility.
Your use of the Services requires that you follow certain standards of conduct. Dive reserves the right in its sole discretion to disallow or remove any user from accessing or using the Services in the event Dive deems such standards of conduct are not being followed. By accessing or using the Services, you agree to not engage in the following via your access or use of the Services:
1.) Violate any law, regulation or other right that may be subject to any criminal or civil penalty.
2.) Violate, infringe or otherwise use the intellectual property rights of a third party without permission.
3.) Violate or infringe on the publicity rights, privacy rights or other rights of third parties.
4.) Engage in the use of spyware or other software designed to collect and harvest data from Dive or the Services.
5.) Communicate with users of the Services for purposes of distributing malicious files, software or other programs meant to disrupt the use of computer systems or related technology, or for the purposes of “phishing” and other fraudulent activity.
6.) Harass, stalk, threaten, abuse, or otherwise harm another individual.
7.) Reverse engineer any of the software or underlying code used by Dive or in the Services.
8.) Encourage or otherwise assist any other party to do any of the acts previously described in this section.
9.) Post, distribute, or spread objectionable content.
2. Service Disruptions and Terminating Use of Dive
Our Services may be interrupted at any time for repairs, maintenance, upgrades or similar. At any time, Dive may discontinue or change any of the Services that may affect certain devices and platforms used for accessing and using the Services.
Dive reserves the right to suspend or terminate any User without notice, for any reason in its sole discretion, including breach of these Terms.
3. Partners and third-parties
While using the Services, you may use, access, or otherwise interact with Dive’s partners and other third-parties including their websites, apps, products, services, content and other properties. In such cases, the terms governing such relationship will be between you and such partner and/or third-party.
4. Ownership and Rights
Dive owns all copyrights, trademarks, trade secrets, patents and any other intellectual property that may be associated with or created by us as part of our Services that were not developed by a third-party. You may not use such intellectual property for any reason without Dive’s explicit consent.
Dive does not own any of the information that you disseminate while using the Services. You are responsible for any possible infringements of intellectual property that may be caused by dissemination of such information.
You agree to grant Dive a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information that you upload, submit, store, send, or receive on or through our Services. This license to Dive is limited only to Dive enabling you to use our Services according to these Terms, and you grant Dive no other license.
Dive grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services as long as you are in compliance with these Terms. This license is limited only to enabling you to use our Services according to these Terms, and you are granted no other license by Dive.
Dive reserves the right to address claims of intellectual property infringement by you or a third-party when using our Services by such reasonable means to protect the rights of the intellectual property owner. If you would like to report intellectual property infringement please contact us here firstname.lastname@example.org.
Disclaimer and Limitation of Liability: YOU USE DIVE’S SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND HARM CAUSED BY VIRUSES AND OTHER CODE TO YOUR COMPUTER, PHONE, OR OTHER MEANS OF USING THE SERVICES. WE DO NOT WARRANT OR REPRESENT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE OR COMPLETE, THAT OUR SERVICES WILL BE OPERATIONAL, SECURE, OR SAFE, OR THAT THE SERVICES WILL OPERATE WITH NO DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR NOR ARE WE OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “DIVE PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU FURTHER WAIVE ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE STATUTES OR LAWS OF ANY JURISDICTION WHICH STATE: GENERAL RELEASES DO NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE DIVE PARTIES ARE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE DIVE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR CONNECTED IN ANY WAY TO OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE DIVE PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification: You agree to indemnify and hold harmless Dive, including its employees, directors, officers, agents, third party providers including service providers, advertising partners and any other partners that may implement Dive in its organization against all damages, expenses, claims, losses, liabilities, legal fees, attorney fees and any other costs incurred by such parties associated with your violation of these Terms.
No assignment: These Terms and all rights and obligations ascribed to you hereunder, and/or your accounts associated with the Services, are personal to you and may not be transferred or assigned by you at any time, in any way, without the consent of Dive. Dive may assign its rights under these Terms at any time without your consent.
Choice of Law and Arbitration: These Terms, except to the extent not otherwise governed by the laws of the United States, shall be governed by the laws of the State of Delaware without giving effect to principles of conflicts of law. Any dispute arising from these Terms shall be subject to and settled within Austin, Texas, in accordance with the jurisdiction’s arbitration rules in effect at that time, by one commercial arbitrator that has experience resolving disputes of the nature that is at hand. No class arbitrations shall be permitted. Notwithstanding the provisions relating to arbitration herein, the parties to these Terms hereby agree that each party has the right to pursue injunctive or other equitable relief at any time, at any court of competent jurisdiction. The parties hereto consent to the court system of Texas as having the exclusive jurisdiction over any court matters relating to these Terms. No class actions shall be permitted. BOTH PARTIES AGREE AND UNDERSTAND THAT BY AGREEING TO THESE TERMS BOTH YOU AND DIVE WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Entire Agreement, Severability, Waiver: These Terms contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, oral or written, with respect to such matters, which the parties acknowledge, if applicable, have been merged into these Terms. In case any provision in these Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. The failure of Dive to exercise in any way, any rights afforded to Dive pursuant to these Terms shall not be deemed a waiver of such rights or any other rights hereunder.