Web Site Terms and Conditions of Use
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
A. Restrictions on Use.
All pages within this Web site and any material made available for download or viewing (collectively the "Site") are the property of Blue Ocean Media Inc. d/b/a theunderwaterphotographer.com, a Florida Corporation and/or its affiliates. The Site is protected by Federal and International copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Blue Ocean Media Inc. You may not download material from the Site except with the express written consent of Blue Ocean Media Inc. In the event that you are allowed to download material from the Site, you shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Blue Ocean Media Inc.
B. Scope of License.
Blue Ocean Media Inc. hereby grants you a nonexclusive license to use the site solely for evaluating the online underwater photography course provided by Blue Ocean Media Inc. and for the purposes of purchasing such online course and not to use the Site to obtain materials, data, or information for purposes of gaining a competitive advantage. Participation in, and use of, the online underwater photography course after it is purchased shall be subject to the terms and conditions contained herein and the terms and conditions of the License Agreement which must be entered into before registering for such course.
The content of this online course is intended only for the individual to whom it is registered and contains information that is copyrighted, privileged, confidential or otherwise exempt from disclosure under applicable law. It may not be copied, disseminated or distributed under any circumstances including in print, text format, or electronically. We do not waive confidentiality by mis-transmission.
To prevent abuse, registration allows access from up to three IP addresses only. Users are tracked electronically. Blue Ocean Media Inc. reserves the right to cancel any account that is in violation of these terms and conditions. If you wish to access the content contained in these courses from more than three IP addresses, you must first notify Blue Ocean Media Inc. in writing for approval.
Memberships may be denied in some countries due to current U.S. copyright relations.
This agreement will not be "signed" in the sense of a traditional paper document. To verify the contents of the application, the signatory must click on the "agree" button below and presumes that this specific entry has been adopted to serve the function of the signature.
C. Trademark Notice.
The Blue Ocean Media Inc. and theunderwaterphotographer.com name and the registered domain name theunderwaterphotographer.com name are service marks and/or trademarks of Blue Ocean Media Inc. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
D. Warranty Disclaimer.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MARTY SNYDERMAN, GUY MILLER, BONNIE PELNAR, AND BLUE OCEAN MEDIA INC. OR MARTY SNYDERMAN, GUY MILLER, BONNIE PELNAR, AND BLUE OCEAN MEDIA INC. AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. MARTY SNYDERMAN, GUY MILLER, BONNIE PELNAR, AND BLUE OCEAN MEDIA INC., its AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although Blue Ocean Media Inc. attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Blue Ocean Media Inc. so that it can be corrected. Information contained on the Site may be changed or updated without notice.
E. Confidential and Proprietary Information/License.
Marty Snyderman, Guy Miller, Bonnie Pelnar, and Blue Ocean Media Inc. does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Marty Snyderman, Guy Miller, Bonnie Pelnar, and Blue Ocean Media Inc. through the Site, including e-mail, will be deemed NOT to be confidential. By sending Marty Snyderman, Guy Miller, Bonnie Pelnar, and Blue Ocean Media Inc. any information or material, you grant Marty Snyderman, Guy Miller, Bonnie Pelnar, and Blue Ocean Media an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information in and on all media now known or later developed, and you also agree that Marty Snyderman, Guy Miller, Bonnie Pelnar, and Blue Ocean Media Inc. is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
F. No In-Water or Underwater Activity Instruction
WITH THE EXCEPTION OF UNDERWATER PHOTOGRAPHY, NEITHER THE SITE NOR MARTY SNYDERMAN, GUY MILLER, BONNIE PELNAR, AND BLUE OCEAN MEDIA INC. IS PROVIDING ANY INSTRUCTION OF ANY KIND REGARDING IN-WATER OR UNDERWATER ACTIVITIES, INCLUDING WITHOUT LIMITATION SWIMMING, SNORKELING, SCUBA DIVING, TECHNICAL DIVING, AND COMMERCIAL DIVING (COLLECTIVELY, "WATER ACTIVITIES"). WATER ACTIVITIES ARE INHERENTLY DANGEROUS AND SHOULD NOT BE UNDERTAKEN WITHOUT PROPER TRAINING FROM A QUALIFIED INSTRUCTOR. IN NO EVENT SHALL MARTY SNYDERMAN, GUY MILLER, BONNIE PELNAR, AND BLUE OCEAN MEDIA INC. BE LIABLE FOR ANY INJURY, DEATH OR OTHER DAMAGES THAT OCCUR AS A RESULT OF WATER ACTIVITIES.
G. Links or Pointers to Other Sites.
Marty Snyderman, Guy Miller, Bonnie Pelnar, and Blue Ocean Media Inc. makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-Marty Snyderman, Guy Miller, Bonnie Pelnar, and Blue Ocean Media Inc. site, please understand that it is independent from Marty Snyderman, Guy Miller, Bonnie Pelnar, and Blue Ocean Media Inc., and that Marty Snyderman, Guy Miller, Bonnie Pelnar, and Blue Ocean Media Inc. has no control over the content on that Web site. In addition, a hyperlink to a non-Marty Snyderman, Guy Miller, Bonnie Pelnar, and Blue Ocean Media Inc. Web site does not mean that Marty Snyderman, Guy Miller, Bonnie Pelnar, and Blue Ocean Media Inc. endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
H. Choice of Law and Venue.
These Terms and Conditions are entered into in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Monroe in the State of Florida, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
I. Entire Agreement.
These Terms and Conditions constitute the entire agreement between Marty Snyderman, Guy Miller, Bonnie Pelnar, and Blue Ocean Media Inc. and you pertaining to the subject matter hereof. In its sole discretion, Marty Snyderman, Guy Miller, Bonnie Pelnar, and Blue Ocean Media Inc. may modify these Terms and Conditions by posting the revised version on this Site.
J. No Unlawful or Prohibited Purpose.
As a condition of your use of this Site, you warrant to Marty Snyderman, Guy Miller, Bonnie Pelnar, and Blue Ocean Media Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
K. This site is operated by Blue Ocean Media Inc.
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