ToSnorkel.com – Your Snorkeling Site

Main Menu

Terms and Conditions

Disclaimer / Terms and Conditions

Welcome to ToSnorkel.com. Please read these Terms of Use and the accompanying privacy policy carefully before using this Website and/or submitting any personal information that could identify you (including but not limited to name, address, telephone number and email address). By using this Website, you signify your agreement to these Terms of Use and the Privacy Policy.

Definitions
ToSnorkel Site = all pages, in whatever language, to which these Site Terms apply and all pages, in whatever language, on which ToSnorkel refers to these Site Terms.

Visitor = any party accessing, visiting or making use of the ToSnorkel Site, a part of the Site or the Information provided.

Information = data, information, special offers, materials, documents, images, files, etc., on the ToSnorkel Site.

Site Terms = the terms as described below.

Applicability
These Site Terms apply to the access of the ToSnorkel Site and use of Information (including all special offers on the ToSnorkel Site and all ToSnorkel services) . If the Visitor does not accept these Site Terms, the Visitor does not have the right to make use of the ToSnorkel Site nor of the deals and services offered by ToSnorkel.

ToSnorkel reserves the right to amend or change these Site Terms unilaterally and without prior notice.

Ownership and intellectual property rights
Unless stated otherwise, all rights, including all intellectual property rights, to the ToSnorkel Site and the Information are owned by ToSnorkel.

The Information may not be modified in any way and graphics may not be used separately from the accompanying text. No part of the ToSnorkel Site may be reproduced or stored in any other website or framed. This site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of ToSnorkel, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.

The Visitor or a third party is not allowed, without prior written authorization by ToSnorkel and other than by a hyperlink, to establish a link, deep link or gateway between the ToSnorkel Site and any other (Internet) site, (meta) search engine or computer network.

Any communication or material you post or transmit to ToSnorkel over the Internet is, and will be treated as, non-confidential and non-proprietary. Upon the transmission of any personal information to ToSnorkel, including but not limited to, name(s), address(es), telephone number(s), e-mail address(es), identification number(s), etc. you expressly grant permission to ToSnorkel, and its affiliates to use such information for any lawful purpose wit respect to our privacy policy. By transmitting or posting any communication or material to this site, you agree that ToSnorkel and any of its affiliates may use your communication as material for any purpose, including reproduction, transmission, publication, broadcast and posting. ToSnorkel and any of its affiliates will not have the responsibility to respond to messages posted at this site. Furthermore, posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.

Any other use than indicated above is prohibited. Any rights not expressly granted in these Site Terms are reserved.

Limitation of liability
Even though the ToSnorkel aims to provide correct Information, we do not guarantee the accuracy and/or completeness of the Information or of the ToSnorkel Site.The Visitor is fully responsible for the use of the Information and the Visitor himself/herself shall check whether the Information is accurate and complete.

ToSnorkel accepts no responsibility for the content of any site to which a hypertext link from this site exists. Such links are provided for your convenience on an "as is" basis with no warranty, express or implied, for the information provided within them. Under no circumstances shall ToSnorkel be liable for any damages arising from:
(a) the use or the contents of the ToSnorkel Site and/or the Information.
(b) the use or the contents of the Information on any site to which a link has been established on the ToSnorkel Site or any site which establishes a link to the ToSnorkel site;
(c) violation through (the use of) the ToSnorkel Site or the Information on the rights of third parties.

If transactions between the Visitor and third parties come about via the ToSnorkel Site, ToSnorkel is not involved in such transactions whatsoever. These Site Terms do not apply to such transactions and ToSnorkel is not liable in any way for damages resulting from such transactions or the results of these transactions.

Whilst ToSnorkel endeavours to ensure that the ToSnorkel Site is normally available 24 hours a day, ToSnorkel will not be liable should, for whatever reason, the ToSnorkel Site be unavailable at any time or for any period. Access to the ToSnorkel Site may be suspended temporarily or permanently and without prior notice. ToSnorkel reserves the right to, at any time and without stating reasons, deny a Visitor or other party access to the ToSnorkel Site and reserves the right to take technical measures to enforce this. ToSnorkel shall not be liable for any damages resulting from this.

Part of this site contains materials and information submitted to ToSnorkel by third parties. Third parties are responsible for ensuring that materials and information submitted directly or indirectly for inclusion on this site complies with national and relevant foreign law. ToSnorkel can not guarantee the accuracy of this material and hereby expressly disclaims any responsibility for error, omission or inaccuracy in the material, misinterpretation and any all loss, disappointment, negligence or damage caused by reliance on the material contained on this site or any failure or alleged failure in the delivery of the services referred to herein, or in event of the bankruptcy, liquidation or cessation of trade of any company, individual or firm referred to herein. Confirmation of the accuracy and currency of the information should be sought from the establishments concerned.

Equipment
The Visitor shall be responsible for the purchase, use and maintenance of all telephone equipment, computer hardware and other equipment needed to visit and usethe ToSnorkel Site. ToSnorkel shall not be liable for any damages to the Visitor's equipment resulting from the use of or visits to the ToSnorkel Site.

Personal information
During the Visitor's visit to the ToSnorkel Site personal information on the Visitor is collected and processed by ToSnorkel. ToSnorkel privacy policy provides details on the collection and processing of this personal information.

Advertisements and listings
By giving a verbal or written order for the placement of an advertisement or a listing on the website, including the directory pages, the advertiser, hereinafter referred to as the "client" accepts these General Terms and Conditions to the exclusion of any General Terms and Conditions of the client.
An order for the placement of an advertisement given by the client to ToSnorkel, either verbally or in writing, shall be binding for the client and cannot be revoked without the express written permission of ToSnorkel. A placement order given by the client and accepted by ToSnorkel shall be confirmed to the client in writing by ToSnorkel. By furnishing this confirmation, ToSnorkel declares to the client that ToSnorkel has received and accepted the client's order as specified in the order confirmation. ToSnorkel shall only be bound by virtue of this confirmation. With regard to Online Products, in the lack of a confirmation on the part of ToSnorkel, the (monthly) invoice sent by ToSnorkel shall be regarded as ToSnorkel's acceptance of the placement order.
ToSnorkel accepts no responsibility towards neither the client nor any third party for any texts, illustrations or other data provided to ToSnorkel by or on behalf of the client and the inclusion of such material in any directory and/or product in the electronic service. The client indemnifies ToSnorkel for claims from any third party in this respect, including exceptional costs to be incurred by ToSnorkel in this connection. More particularly, the client indemnifies ToSnorkel for claims from third parties arising from rights to intellectual/industrial property in the broadest sense of the term in connection with the publication by ToSnorkel in whatsoever form of any texts, illustrations and/or other data provided to ToSnorkel by or on behalf of the client.

Client is responsible for the correctness, completeness and legality of listings, advertisements and /or other materials and indemnifies ToSnorkel against any claims from third parties in this respect.
All invoices for orders accepted by ToSnorkel must be paid without discount or compensation within 30 days of the date of invoice, unless any other term of payment is agreed in writing. If the confirmation of the placement order and the invoice states that the client may pay the total amount of the invoice in installments, the client, at his discretion, will either pay the entire invoice sum within 30 days of the date of invoice, or pay the installments in question on the due dates indicated for this purpose.

Payments shall be effected by transfer to the bank or giro account of ToSnorkel, details of which are given on the order confirmation and the invoice.

In the event of overdue payment of any amount by the client to ToSnorkel, the client will be obliged to pay interest to ToSnorkel at the rate of 1% per month over the amount due, with effect from the due date up to the date on which full payment is effected, without the need for any demand or notice of default. In calculating the interest payment any one part of a month shall be taken as a full month.
The advertisement and/or listing will be suspended till full payment is recieved.

Duration of the agreement
Unless agreed otherwise, the agreement for listings and advertisements on ToSnorkel shall be entered into for 12 months. After the term for which the order has been made, the agreement will be renewed automatically with consecutive periods of one year, unless the agreement has been cancelled after due notice is given. When the agreement is renewed, the listings and advertisements will automatically be placed according to the placement agreement and will be invoiced at the usual rate with no special one-off discount. The parties may cancel the agreement towards the end of the then running 12-month period, observing a notice period of three calendar months. After one year, the end of the term of agreement shall be deemed to have been reached on the 15th day of the calendar month in which the first directory stipulated in the placement order is published.

Unless otherwise agreed, the agreement for Online Products shall be entered into for 12 months. After this term the agreement will automatically be extended for an indefinite period. In such a case, the parties may terminate the agreement in writing towards the end of the first 12 months with due observance of a notice period of 3 calendar months, or subsequently with due observance of a notice period of 3 calendar months given as of the first day of every calendar month.

If the duration of the operational period of an Online Product is related to the number of clicks, impressions, views, or any other such unit, the records of ToSnorkel is decisive for the count.
If the client cancels the order, with due observance of the provisions of the first article, the listing, and possibly the advertisements placed on the site and yellow pages, will remain active unless the client requests ToSnorkel to remove the advertisement and lsiting before the end of the Agreement. ToSnorkel will do everything possible to comply with such a request made by the client to remove the listing and possibly the advertisement notwithstanding the client's obligation to pay the agreed amounts up to the end of the term of the order.

In the event of a breach of contract on the part of the client, ToSnorkel has the right to dissolve the agreement, either in whole or in part, after serving a written notice of default which will offer the client a reasonable term for compliance, notwithstanding ToSnorkel's other rights and without ToSnorkel being liable for damages.
In the event of (a temporary) suspension of payments, bankruptcy, the closing down or liquidation of the client's business, ToSnorkel has the right to dissolve this agreement, either in whole or in part, notwithstanding ToSnorkel's other rights and without ToSnorkel being liable for damages.

Forum and Directory Rules
The toSnorkel.com website has a friendly directory and forum based on mutual respect. While the Moderators will do their best to keep it that way, it's impossible for us to review every post and listing. If any listing or post seems to violate the spirit of this concept, please report this to the moderator. All listings, ratings and posts are the opinions of their respective authors and do not necessarily reflect the views of the toSnorkel Team. We are not responsible for posts' content, authenticity or accuracy. To participate on the toSnorkel website by posting, sending messages or uploading, you agree to abide by the following rules:

• Only one account per person is permitted. • When registering, a valid email address has to be used. Disposable email addresses are not permitted. If found, we will remove the account in question. • Domain names in forum/login names or signatures are not allowed. • Names and signatures may NOT contain • Keep all posts and listings on-topic. • All listings and posts must be in English • Do not astroturf or pretend to be/represent somebody else. Your account will be deleted if found to be in breach of this rule. • Do not discuss, list or post illegal activities. • Check that your question has not been answered anywhere else on the site or if your site has already been listed. Use the search feature. • Post your comment/question to the most appropriate place. Any posts or listings deemed to be in the wrong forum or category will be removed. • Do not cross-post the same question to multiple places. • Make sure you have read the parent article/post completely before posting a reply • Use your own words. If you wish to use the words of somebody else, quote them, citing the source. Plagiarism is unethical and is illegal in many countries. • Choose an appropriate subject line. Try to summarise the problem briefly in the subject, and elaborate in the message itself. Repeat the subject in the body if it will make things clearer. Do not use all caps and do not add false information just to get attention (e.g. ;read this or you will be arrested;). Do not use a URL as a thread title. • Include as much information as you can. • No useless posts. • NO Thread bumping, useless one liners, Flamewars, Trolling and Spamming. • Do not link to any site that contains adult content, sexually oriented material or might otherwise be considered offensive. Any post containing an inappropriate link will be deleted and the poster will receive a warning or will be banned. • Do not propose/link to any site that contains warez/copyrighted software/materials that can be downloaded illegally. • Any name, signature or avatar that is offensive or insulting are prohibited.

At all times: Keep all commentary civil, and be courteous at all times. Constructive criticism is welcome, but insults directed towards other users or the site admins will not be tolerated. Coarse/insulting language will not be tolerated. No commercial advertising is permitted. Any posts or listings deemed to be self promotion, advertising, or spam can and will be removed. No Spam and no Advertising eg. Posting and making excessive, inappropriate and unnecessary references to your products and websites is self promotion. Failure to abide by these rules may result in an editing, negative moderation or deletion of your post or listing. We reserve the right to ban abusers from the site. We reserve the right to change these forum and directory rules at any time.

Changes in the Terms and Conditions and tariffs
ToSnorkel is free to amend these General Terms and Conditions and to change the prices and tariffs at any time. ToSnorkel may increase it's tariffs each calendar year with a maximum of 4% per year without prior notice. Changes or amendments shall also apply with regard to existing agreements.

Governing law and disputes
These Site Terms and any (other) agreement between the Visitor and ToSnorkel shall be governed exclusively in accordance with the laws of the Netherlands. Disputes, which are not settled amicably, shall be submitted to the competent judge in the Netherlands. This does not affect the right of a Visitor to appeal to local or international regulation or treaty, exclusively as far as these are mandatory provisions and these are applicable to the relation between ToSnorkel and the Visitor.

The Visitor is responsible for compliance with any applicable laws of the country from which the Visitor is accessing the ToSnorkel Site.If any of these Site Terms should be determined to be, fully or partly, unlawful, void or otherwise unenforceable, then the parties are considered to have agreed terms on the subject which, in intent and result, are as close as possible to the terms determined unlawful, void or otherwise unenforceable and which are lawful, valid and enforceable.