Terms of Service

last updated:2023.9.20

DIVER Tag sells proprietary NFT tags that can be associated with NFTs and provides a service to forward associated NFTs to a specified address by reading the NFC tag. By installing or using our app, service, or website (collectively, the "Service"), you agree to our Terms of Use (the "Terms"). These Terms apply to all visitors, users, and others who wish to access or use the Services.
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 do not have permission to access the Service.

About DIVER Tag

DIVER Tag is a service that allows you to associate NFTs with your own NFT tags, and to transfer the associated NFTs to a specified address by reading the NFC tag.

Account

In order to use the DIVER Tag Services, you must register for a DIVER Wallet account ("Account"). In connection with the creation of your Account, you will (i) provide accurate, current and complete Account information, (ii) maintain and promptly update your Account information as necessary, (iii) maintain the security of your Account, including not using the same password for the DIVER Tag Services as you use for any third party services, (iv) not disclose your password or private key to any third party. (v) notify us immediately if you discover or suspect any unauthorized activity in connection with your account or the DIVER Tag Services. You acknowledge and agree that if you lose your private key, you may not be able to recover your Stored Content.

Privacy

Our Privacy Policy governs the collection and use of your personal information. Please review those provisions as well.

Third-party services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.

Prohibited Activities

We strive to maintain great Services. To that end, DIVER Tag requires you to respect these limitations, and we may terminate your account if you don’t follow them.

Don’t use our Services in a manner that is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, promoting of violence, invasive of another’s privacy, tortious, indecent or obscene

Don’t use our Services in a manner that violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights

Don’t use our Services in a manner that involves uploading, posting, emailing, transmitting or otherwise making available any data that you not have the right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements, etc.

Don’t use our Services to do anything that victimizes, harasses, “stalks,” degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability

Don’t use our Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise

Don’t use our Services to promote sexually explicit or pornographic material

Don’t impersonate any person, business or entity (including but not limited to a DIVER official), or in any way falsely state or misrepresent your affiliation with a person or entity

Don’t use our Services in any manner that involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted or shared through the Services

Don’t use our Services in any manner that permits the creation, support, distribution, or other transfer of any viruses or any other computer code, files or programs that interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network

Don’t interfere with the proper functioning of any software, hardware, or equipment on our Services

Don’t engage in any conduct that inhibits or disupts anyone else’s use or enjoyment of our Services, or which we determine may harm we or our users

Don’t instigate or encourage others to commit illegal activities or cause injury to any person or property damage

Don’t encourages or otherwise engage in any conduct that would constitute a criminal offense or that gives rise to civil liability

Don’t use our Services contrary to our policies, any Agreement you have with us, or our rules, policies, or other guidelines applicable to the Services

Don’t violate the ITAR Act §22 USC 2778 and its amendments, including but not limited to the import or use of the Services in Afghanistan, Belarus, Burma, the Central African Republic, China, the Ivory Coast, Cuba, Cyprus, Democratic Republic of Congo, Eritrea, Haiti, Iran, Iraq, Kyrgyzstan, Lebanon, Liberia, Libya, North Korea, Russia, Somalia, Sri Lanka, Sudan, Syria, Venezuela, Vietnam, or Zimbabwe; and

Please don’t use our Services if you’re under sixteen years old or the age of majority in your jurisdiction.

Limitation of liability

DIVER Tag shall not be liable for any lost profits, special, punitive, indirect, or incidental damages arising in connection with or related to these Terms, us, or our Services, even if we have been advised of the possibility of such damages. our total liability relating to, arising out of, or in any way connected with our terms and conditions, us, or our services shall not exceed one dollar ($1). the foregoing disclaimer of certain damages and limitation of liability will apply to the fullest extent permitted by applicable law. some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above exclusions and limitations may not apply to you. notwithstanding anything to the contrary in these terms and conditions, the liability of the DIVER Tag parties shall be limited to the maximum extent permitted by applicable law.

Applicable Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Nebraska, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Modifications

We may revise these Terms from time to time to better reflect:

  1. improvements or enhancements made to our Software;
  2. new regulatory requirements, or
  3. changes in legislation.

If we make revises, we will notify you by revising the “Last Updated” date at the beginning of this Policy accordingly. Revise are binding on users of the Site and will take effect immediately upon posting. As a user, you agree to be bound by any changes, variations, or modifications to this Policy and your continued use of the Site shall constitute acceptance of any such changes, revisions, variations, or modifications. By continuing to use the Site, you also acknowledge and agree that we have provided you with sufficient notice of such changes. Our Terms of Use Agreement and Cookies Policy also apply to your access and use of the Site.

Contact

We welcome all questions, concerns, and feedback you might have about these Terms. If you have suggestions for us, please contact our customer success team.