Thank you for visiting the Dive, LLC, website (“Site”). By using this website, you agree to abide by, and be bound by, the following Terms of Use Policy (“Terms of Use”). If you do not accept these Terms of Use, or wish to not be bound by the following terms, you should not use our website or purchase, download or use any of our products.
These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. Privacy PolicyWe are committed to protecting your privacy. Please review our
Privacy Policy before continuing your use of this Site.
2. Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name, email address, mailing address, and phone number.
Our full Terms and Conditions for digital product sales can be found on the check-out page of each product are also included below. Please review them in full prior to making a purchase.
3. Linked Materials
The Site may include links to third party products, services, resources or web sites. Please note that these Terms of Use along with the Site’s Privacy Policy apply only to this Site and are not applicable to any other website that may be accessible from the Site or referenced in this Site. Dive, LLC (“Dive,” "Dive Creative"), is responsible only for the content of its own website. Dive does not control or endorse such other websites, unless stated specifically herein, nor has Dive reviewed or approved any content that appears on such other websites. You acknowledge and agree that Dive shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Dive strongly encourages you to review the
privacy policy and terms and conditions of all other web sites that you may visit through the Site.
4. Intellectual Property
All content included on this Site, such as format, layout, pictures, graphics, logos, text, text designs, articles, information or other materials, is the property of Dive, or others and is protected by various rights, including United States trademark and copyright law. All trademarks and logos displayed on this Site are the property of their respective owners. Dive grants you a limited license to display or print the Site content for your own personal non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license creative derivative works from, transfer or sell these materials in any form or manner without the express written permission of the owner of the material. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product. Dive does not represent or warrant that your improper use of materials displayed on, or obtained through the Site, will not infringe upon the rights of third parties.
5. License and Use
Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use and reference, and print or convert the product to an image or vector format for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
6. Refunds and Chargebacks
Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
7. Warranties and Liabilities
We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages. You acknowledge that Dive provides the contents of this Site on an “AS IS” basis with no warranties of any kind. Your use of this Site and reliance upon any of the materials contained on the website is done solely at your own risk. You agree that your sole remedy for dissatisfaction with the Site (or any content contained within the Site), is to cease making use of the Site.
8. Indemnity
By accessing this Site, you agree to indemnify Dive and its affiliates, and its and their respective partners, stockholders, members, managers, officers, directors, employees and agents, against, and hold them all harmless from, any and all claims and expenses, including attorney fees, arising from your use of this Site. You hereby release Dive, its affiliates, and its and their respective partners, stockholders, members, managers, officers, directors, employees and agents, from any and all claims, demands, debts, obligations, damages (actual, indirect, consequential, punitive or special), costs and expenses of any kind whatsoever that you may have against them arising out of or in any way related to such disputes.
9. General
These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with English law and both us and you irrevocably submit to the exclusive jurisdiction of the English courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.
11. Validity
If any term or provision of this Terms of Use or Privacy Policy is deemed by a court of law in the State of Tennessee to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of these Terms of Use or Privacy Policy.
12. Equal Employment Opportunity
In the event that Dive hires employees, which it currently does not, Dive encourages and supports a program in which there are no barriers to obtaining employment due to race, color, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information.
13. Content and Social Media
Dive utilize a number of social media sites to enrich the community of its users. This includes but is not limited to Facebook ™, Instagram ™, Pinterest™ and Linkedin™. By using or accessing any of the Dive’s social media platforms, you agree to comply with the following social media guidelines as well as all other engagement rules issued by each individual social media website (i.e. Facebook Statement of Rights and Responsibilities™, LinkedIn Terms of Use™, etc.).
Dive may revise the following Social Media Guidelines at any time without notice. Your use of or accessing any of the Dive social media platforms or blogs after such revisions constitutes your acceptance of such revisions.
Social Media Guidelines:
- All posts must be made by people who are 18 years of age or older.
- By posting to a Dive social media site, you agree to be solely responsible for the content of all information you contribute, link to or otherwise upload.
- You are responsible for the comments you post on our site which will also be monitored by a site admin and are subject to removal at any time
- You agree that everything you post shall be truthful, accurate, not misleading and offered in good faith, and that you have the right to post such content/material.
You agree not to post any of the following:- False, misleading or deceptive comments.
- Materials for which Dive does not own the IP rights or have the right to reproduce/upload, trademarked materials, or materials that contain confidential material or violate a third party’s right of publicity.
- Any photos or comments that depict:
- Unsafe practices
- Offensive behavior
- Profanity
- Personal attacks
- Illegal statements
- Content that is subject to an internal investigation or that refers to, or otherwise speaks to, ongoing litigation matters or investigations.
- When disagreeing with the opinions of others, keep all responses respectful, appropriate and polite.
14. Disclaimer Regarding Accuracy of Information
The Site is provided for general information only. Dive provides all information contained on the Site with the understanding that the information is not guaranteed to be accurate, correct, current or complete and any conclusions that you draw from such information are your own responsibility. While reasonable efforts are made to ensure the accuracy of the information contained on the Site, you are solely responsible for exercising due diligence before relying on any of the information contained on the Site, and reliance upon any of the information is done solely at your own risk. Dive makes no representations or warranties of any kind, either express or implied, regarding the accuracy, reliability or completeness of the information contained on the Site. Information contained on the Site is not guaranteed to be accurate, and is readily subject to change at any time. It is your responsibility to independently verify information that you may obtain from the Site. No information or material on the Site is to be considered an offer to sell, buy or for employment. By your continued use of this Site, you acknowledge that Dive provides the content of this Site on an “AS IS” basis with no warranties of any kind.
15. Questions/Contact Information
If you have any questions about these Terms of Use, the Privacy Policy, or the Site, you can email Dive at hello@divecreative.co.
16. Modification of Terms of Use
Dive reserves the right to modify these Terms of Use, and you are responsible for regularly reviewing these Terms of Use and the Privacy Policy. Your continued use of the Site after the effective date of any such changes will constitute acceptance of and agreement to any such changes.
This Terms of Use Policy is effective as of April 1, 2019, and was last modified on November 6, 2024.