Registration Information/Privacy Policy When you subscribe to CoralRealm.com, you will be required to provide the following information: your name, address, email address, user name and password. In addition, you may choose (this is optional) to provide We Love Big Smelly Fish!™ with additional information, including: household income, education, marital status, age bracket and diver certification agency. We Love Big Smelly Fish!™ will not sell or freely distribute to any third party your name, address, or email address, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. We Love Big Smelly Fish!™ does not allow access to member information by third-parties, except to the extent necessary to maintain technical services. In those instances, the third-party is bound by these terms. We Love Big Smelly Fish!™ reserves the right to terminate your membership to CoralRealm.com subscription without refund of your annual dues if we learn that you have provided false or misleading subscription information. Membership Fees Indivdual CoralRealm.com memberships begin on the day membership payment is received and approved and remain in effect for one year provided the member does not violate any CoralReal.com Terms of Use. We Love Big Smelly Fish!™ reserves the right to change membership fees at any time. Registration and Password All memberships are designed for single (not multiple) users unless of the same household. A variety of membership subscription rates are available in situtations involving multiple users such as educational institutions. You are responsible for maintaining the confidentiality of your user name and password. You shall be personally responsible for all uses of your membership, whether or not authorized by you. You agree to immediately notify We Love Big Smelly Fish!™ via CoralRealm.com of any unauthorized use of your membership, user name or password. Your membership is non-transferable. Restrictions on Use of CoralRealm.com Content All content in the CoralRealm.com website is Copyrighted © by We Love Big Smelly Fish!™ 1999-2000, All rights reserved. All text, graphics, photos, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws and may not be copied, reproduced, retransmitted, redistributed, published, electronically linked, hosted, commercially exploited or otherwise transferred by any means existing now or later developed. The CoralRealm Shark Finder, the CoralRealm Reef Fish Finder, the CoralRealm Destination Designer, and the CoralReal Diver Personality Profiler are trademarks of We Love Big Smelly Fish™. Other trademarks are the property of their respective owners. Database Use We Love Big Smelly Fish™ grants paid CoralRealm.com members non-exclusive, non-transferable use of the CoralRealm.com Fish Finder, Shark Finder and Destination Designer databases. Member use of the databases is limited to viewing information or for extracting information for private use only, as long as it is not for the purpose of transmitting, selling or brokering the content/information. Under no circumstances, may any CoralRealm.com member publish, print, download, transmit, electronically link, re-format, redistribute or reproduce in any form any part of the CoralRealm.com databases. Termination of CoralRealm.com Membership We Love Big Smelly Fish!™ reserves the right, at its sole discretion, to immediately, and without notice, to suspend or terminate these Terms of Use; (ii) your subscription and/or ability to access CoralRealm.com and/or any other service provided to you by We Love Big Smelly Fish!™ upon any breach by you of the Terms of Use. Modifications of these Terms of Use We Love Big Smelly Fish!™ may modify these Terms of Use from time to time at its sole discretion. Each time you log on to CoralRealm.com, you will be deemed to have accepted any such changes. Modifications of the CoralRealm.com Website We Love Big Smelly Fish!™ may modify or discontinue CoralRealm.com with or without notice to you and without liability to you or any third party. Content of Messages Posted on the CoralRealm.com Discussion Forum Members and visitors are responsible for the content of messages they post, and the consequences of any such messages. We Love Big Smelly Fish!™ reserves the right to terminate your membership and usage of the website if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines. We Love Big Smelly Fish!™ assumes no responsibility for the deletion of or failure to store bulletin board messages. Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Use. CoralRealm.com is to be used by you for your personal use only. Commercial uses of CoralRealm.com are strictly prohibited. You agree that you will not use the CoralRealm.com Discussion Forum bulletin board for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. You further agree not to use CoralRealm.com to send or post on message boards or any place on the website, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. We Love Big Smelly Fish!™ reserves the right to delete any such material. We Love Big Smelly Fish!™ will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this section. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating a partner or consultant of We Love Big Smelly Fish!™ You further agree not to use an inappropriate member name of any kind. You agree not to post or use CoralRealm.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. You acknowledge that We Love Big Smelly Fish!™ permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to CoralRealm.com, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on CoralRealm.com is not protected by Rights rests with you. You acknowledge that We Love Big Smelly Fish!™ may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials. By submitting content, which shall include your member name, to any "public area" of CoralRealm.com, including message boards, forums, and contests, you grant We Love Big Smelly Fish!™ and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on CORALREALM.COM retains any and all Rights that may exist in such content. Anything contained herein to the contrary notwithstanding, by submitting content to any contests on CoralRealm.com, you hereby expressly permit We Love Big Smelly Fish!™ to identify you as the contributor of such content to the contest in any publication in any form, media or technology now known or later developed in connection with the content, unless you otherwise notify We Love Big Smelly Fish!™ In writing at the time you submit the content that you do not wish to be identified. Third Party Services You may order services or merchandise through CoralRealm.com from other persons not affiliated with We Love Big Smelly Fish!™ ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. We Love Big Smelly Fish!™ makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider We Love Big Smelly Fish!™ nor will We Love Big Smelly Fish!™ be construed as a party to such transactions, whether or not We Love Big Smelly Fish!™ may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction. We Love Big Smelly Fish!™ may include special routing icons which may be located within CoralRealm.com, the activation of which will allow you to access and learn more about other services. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services. Disclaimer of Warranties You expressly agree that use of CoralRealm.com is at your sole risk. CoralRealm.com is provided on an "as is" and "as available" basis. We Love Big Smelly Fish!™ expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. We Love Big Smelly Fish!™ makes no warranty that CoralRealm.com will be uninterrupted, or error free; nor does We Love Big Smelly Fish!™ make any warranty as to the results that may be obtained from the use of CoralRealm.com. We Love Big Smelly Fish!™ will not be liable for any direct, consequential or incidental damages, whether forseeable or not, which may result from the unavailability or malfunction of CoralRealm.com. We Love Big Smelly Fish!™ shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in this service area. Your participation in CoralRealm.com is solely at the your own risk. No advice or information, whether oral or written, obtained by you from We Love Big Smelly Fish!™ or through CoralRealm.com shall create any warranty not expressly made herein. We Love Big Smelly Fish!™ encourages you to seek appropriate professional advice or care for any situation or problem which you may have. We Love Big Smelly Fish!™ makes no warranty regarding any goods or services purchased or obtained through CoralRealm.com. We Love Big Smelly Fish!™ Is not responsible for the content on the internet or world wide web pages that is contained outside the CoralRealm.com website. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against We Love Big Smelly Fish!™ with respect to such sites. Limitation of Liability We Love Big Smelly Fish™ shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use CoralRealm.com or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through CoralRealm.com or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if We Love Big Smelly Fish™ has been advised of the possibility of such damages. Indemnification You agree to indemnify and hold We Love Big Smelly Fish!™ harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of CoralRealm.com, the violation of these Terms of Use by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity. Applicable Law These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nebraska, without giving effect to its conflict of laws provisions. Miscellaneous In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. We Love Big Smelly Fish!™ may assign its rights and obligations under these Terms of Use and upon such assignment We Love Big Smelly Fish!™ may be relieved of any further obligation hereunder. These Terms of Use and any Additional Terms (as such terms shall be identified when posted on CORALREALM.COM by We Love Big Smelly Fish!™ ) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of We Love Big Smelly Fish!™, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.
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