The BreakDiving.io Terms of Service and Privacy Policy

Introduction

Below are some introductory remarks to help you:

  • DATE OF TERMS OF SERVICE: March 8, 2019
  • OUR EMAIL: info@breakdiving.org
  • THIS IS THE ENTIRE AGREEMENT: Our diver's code, member expectations, terms of service, and privacy policy together comprise our 'terms of service', and they are all presented below. This document contains all of the terms of service. You do not have to click anything else. There are no additional hidden documents for you to agree to.
  • TERMS OF SERVICE FAIRNESS SCORE 91.1 / 100: In an effort to be fair to and transparent with our users, these terms are based on the criteria set forth in the TOS Fairness Project Online User Bill Of Rights at www.tosfairness.org (a subsidiary not-for-profit project owned by Break Diving, Inc).
  • AMENDMENTS/CHANGES: Any minor amendments that do not affect your rights in any significant way are effective immediately, and will be listed below in clear bullet points. Please check back occasionally to review the latest amendments. More significant changes will result in new versions being posted, and you will be notified when this happens.

Minor Changes to This Agreement To Date

  • None So Far.

The Diver's Code

As a worldwide member of Break Diving, I agree that:

  1. I AM A BREAK DIVER: I pursue my dreams with an unmitigated passion, and choose to live by the Break Diver's Creed: No Rules. No Excuses. No Regrets. I am a Break Diver, and I will find a way.
  2. I AM NOT LAZY: I recognize that I am far more capable (mentally and physically) than I give myself credit for. Each week, I strive to accomplish more than the week prior, and each year, more than the year before. I will not waste my time watching hours of tv, playing hours of video games, spending wasteful hours on pointless social media, or just procrastinating. I get things done.
  3. I NEVER GIVE UP: I never give up until I have exhausted every avenue of pursuit, or genuinely decide I no longer want to pursue something. I never use excuses or blame others for why I don't accomplish things.
  4. I ALWAYS SAY THANKS: I always try to remember to say THANK YOU and show appreciation to those who have tried to help me along the way.
  5. I TRY NOT TO GET OFFENDED: I try not to let the opinions of others determine my future. Nor do I get bogged down with unreasonable political correctness just to try to please everyone. Nor do I get easily offended by petty issues that ultimately only serve to distract me from my dreams.
  6. I ALWAYS TRY TO HELP: At every level of my success, I try to help others on their drive towards their success. I always try to reach out my hand to help those who are still struggling. Every day, I strive to be the pick-me-up and smile to someone in need.
  7. I BRAG TASTEFULLY: I can and should be proud of my accomplishments, but Break Divers try to brag without discouraging and insulting others. In other words, I share my accomplishments only under three conditions: as a means to share the joy, as a means of inspiring others to follow in my footsteps, and as a means to encourage those who are thinking of quitting.
  8. I KEEP MY EGO IN CHECK: I try to never treat people differently because they have money or... don't have money. Therefore, I will strive to never let money or lack thereof change who I am. No matter how wealthy and successful I become (or how much I struggle), I will not become self-obsessed and self-important. In the end, I am still just a mortal human, and... so is everyone else.
  9. I ASK FOR HELP: I recognize that I am going to have sad days, and on those days, I will strive to never allow my ego to prevent me from sharing how I'm feeling or asking for help. Sharing the struggle results in well-needed pick me ups from others.
  10. I BROADEN MY HORIZONS: I recognize that the more I learn about other languages, cultures, and histories, through reading, education, interaction, and travel, the better I will understand the world, and the better person I can become.
  11. I JUST SEE WINNERS: I don't see age, race, sex, nationality, or any other 'excuse'. I just see Break Divers. Lots of them. With no limitations. All pushing forward against impossible odds in pursuit of wonderful dreams.

Member Expectations

As a worldwide member of Break Diving, I agree to:

  1. HELP OTHERS: Join our community first and foremost because you want to help others. If you have no interest in helping others, YOU WON'T FIT IN HERE. Our community thrives on people helping one another, and we keep track of how often you choose to help others. If you're just "in it for me", trust us, you won't like it here. However, if you love inspiring others and want to help others around the world struggling with life challenges in the pursuit of their dreams, you're gonna love it here.
  2. BE NICE TO OTHERS: We all like our fellow members, and we love supporting one another. If you find it difficult to be nice to others, and often find yourself insulting people, belittling dreams, making fun of others, or getting into antagonistic arguments, YOU WON'T FIT IN HERE. However, if you are a genuninely nice person, with honorable motives, you're gonna love it here.
  3. PURSUE MY DREAMS: Although your primary mission here is to help others, if you don't actively pursue your own dreams through our dive program, you're not going to be much of an inspiration to others. In other words, if you are lazy, YOU WON'T FIT IN HERE. However, if you look forward to really kicking butt, you're going to love it here.
  4. PARTICIPATE IN COMMUNITY: Break Diving is all about participation and sharing. If you don't like participating in online communities and don't want to meet people in real life at live events, YOU WON'T FIT IN HERE. However, if you look forward to becoming a truly active member of our community, you're going to love it here.
  5. AVOID USING THIS AS A DATING SITE: We don't want members feeling accosted by strangers via random romantic private messages. If you are joining just to "meet men" or "meet women", YOU WON'T FIT IN HERE. Sure, perhaps one of your dives will be to get married, or find a significant other, but you cannot initiate conversations with people using romantic overtones. If you look forward to making genuine friends from around the world, however, and potentially having one of them develop into something greater through normal participation in our program, you're going to love it here.
  6. AVOID LYING OR MISREPRESENTATION: Our community thrives on the accuracy of member profiles and accomplishments. If you are the type of person who lies on profiles, likes to pretend you live in a different city or country, brag about accomplishments that never happened, or embellish stories of what happened on vacation, YOU WON'T FIT IN HERE. However, if you look forward to being forthright and honest with our members, you're going to love it here.
  7. EXPAND MY HORIZONS: Our members are rarely stagnant, and they understand that there is always more to learn. If you are someone who refuses to learn about other people, other careers, other cultures, other languages, and other lands, YOU WON'T FIT IN HERE. However, if you are ready to expand your horizons like never before, you're going to love it here.

Terms of Service & Privacy Policy

I agree to be bound by these terms, and expect these rights to be upheld:

  1. THE RIGHT TO PRIVACY: First, if you do not sign up, we do not collect any data about you at all except anonymous tracking data (such as from google analytics) to determine which part of the world people are visiting from. If you do sign up, we will NEVER sell, rent, or share any of your personal information with others without your express permission. When you delete your account, certain personal data is kept secure on our servers, i.e. information related to when you signed up and prior message posts, if applicable. We will only release your private info to a government agent or law enforcement department or officer upon being presented with a lawful subpoena or are otherwise required to do so by law. If you register as a user, we (Break Diving, Inc.) may add you to our email list, and at times, email you, but you may unsubcribe at any time. All of your data is hosted on Heroku, which is the data server on which we host the website.
  2. THE RIGHT TO EQUAL, FAIR, & REASONABLE EXPRESSION: As a registered user, you can say anything here that you want, as long as you express yourself (using a reasonable person standard) in a mature way, without profanity, and don't make posts that belittle an individual or that may result in direct physical harm or direct self-harm to others. If we feel your posts, replies, or chats violate our member expectations, diver's code, or these terms, we will give you a reasonable opportunity to address and correct the situation, also weighing the potential harm to other users by leaving your post, reply, etc. We reserve the right to remove any posts, replies, chat message, etc. we determine to be contrary to the spirit of Break Diving, fake, inaccurate, created by a bot, or that appears to be overly and deliberately vindictive, angry, rude, belittling, or insulting.
  3. THE RIGHT TO CONTROL MY INTELLECTUAL PROPERTY: We don't own anything you post and never will, unless we agree otherwise in writing. You simply give us a non-exclusive perpetual license to share what you wrote with others through publication on BreakDiving.io, on BreakDiving.org, on the Break Diving Blog, on the W.Y.S.E.guidance blog, and/or for any Break Diving related marketing purposes, and you agree to this without compensation for this license. If news media, researchers, or other similar third parties want to quote or paraphrase what you wrote on either of our blogs for research or reporting purposes, you give those particular third parties permission to do so, but this doesn't apply to what you share in our community.
  4. THE RIGHT TO SUE: You can sue us if you feel we violated these terms of service or this privacy policy. Prior to any lawsuit, however, you agree to first make a reasonable attempt to negotiate a remedy with us directly, and give us a reasonable opportunity to assist you. If such negotiations fail to resolve the issue, you may file suit in a court of law. In accordance with the TOS Fairness bill of rights you may file suit in any valid courthouse in any country in the world where venue would otherwise be proper, but until our company is grossing $250,000/year or more, you would have to pay for any reasonable economy flight costs, reasonably economy hotel fees, and reasonable additional legal fees for our company's appearance in a court of law outside of New York State, Westchester County. In all cases, New York Law will be used to determine the outcome of the case. Further, if the court finds that your lawsuit is frivolous, you will reimburse us for all costs we were forced to incur to defend the case.
  5. THE RIGHT TO LOW-COST ARBITRATION: You can file arbitration against us if you feel we violated these terms of service or this privacy policy. Prior to the filing of any arbitration, however, you agree to first make a reasonable attempt to negotiate a remedy with us directly, and give us a reasonable opportunity to assist you. If such negotiations fail to resolve the issue, you may initiate arbitration. In accordance with the TOS Fairness bill of rights you may initiate arbitration through any valid and internationally recognized arbitration organization in any country in the world where venue would otherwise be proper, but until our company grosses $250,000/year or more, you would have to pay for any reasonable economy flight costs, reasonably economy hotel fees, and reasonable additional legal fees for our company's appearance in an arbitration hall outside of New York State, Westchester County. However, we will allow long-distance arbitration via email, phone, and/or regular mail. In all cases, New York Law will be used to determine the outcome of the case. If the arbitrator finds that your filing is frivolous, however, you will reimburse us for all costs we were forced to incur to defend the case.
  6. THE RIGHT TO JOIN A CLASS ACTION: You may join any legally proper class action brought against us.
  7. THE RIGHT TO NO HIDDEN TERMS OR FEES: There are no hidden terms in this agreement. You may use our BreakDiving.io service free of charge, or you may upgrade to one of our paid plans, the prices and individual terms of which will always be available from within the site itself. Simple as that.
  8. THE RIGHT TO FAIR PROCESS & TO BE HEARD: We will not kick you off this service without first giving you, the user, a reason for the alleged terms of service violation, and without also providing you an opportunity to fix the alleged issue. If after a reasonable period of time, the issue has not been fixed, we have the right to delete your account, subject to our fair appeal process.
  9. THE RIGHT TO APPEAL & THE RIGHT TO RETURN: If we have determined you have violated our terms of service and we have either removed or modified a post and/or deleted you as a user, you have the right to appeal. During this appeal, we will (if you would like) post your name on our website listing all users who are currently appealing a decision by our staff, and you will be given a fair opportunity to explain to a higher level of authority within our company than the first level of authority why you feel there was no violation. If this higher level of authority agrees with you, you will be reinstated and/or you will be allowed to repost. If this higher level of authority agrees with the original staff member who made the initial decision, the original decision will stand, i.e. the post will remain modified and/or deleted, or you will be completely removed from the service. If you are deleted as a user, do not fret: you will be entitled to return to the site after a reasonable period of time, such reasonable time to be decided by our staff, never to exceed one year. You have the right to make a request once per quarter to be re-instated and it is your obligation to request re-instatement. If, upon your return, you make the same type of terms of service violation, and the same appeal process concurs that you again violated our terms of service, we reserve the right to forever remove you from the service. While this is extreme, it is also fair to you, to our other users, and to us as a company. Finally, if you repeatedly create new accounts after you have been barred from the service in an effort to bypass our appeals decision, you may be liable for tortious interference with business. We think this scenario is highly unlikely, but we reserve the right to pursue that aveunue in case a user becomes really meddlesome.
  10. THE RIGHT TO REASONABLE TERMS: The above terms and privacy policy are designed to be simple, easy to understand, and above all, fair to you, the user. We believe that they are. If you have suggestions for improvement, please let us know via the above email address.
  11. NOTE: Should any conflicts exist between this version of the Terms of Service of this date, and those listed elsewhere on the breakdiving.io website for any TOS, Diver's Code, or Member Expectations of this date, those on this page shall rule.