The Coral Throne

Public Art by Michael Herold

CoralThrone.com — Unified Legal Policy  — Privacy Policy — and Terms of Use

Last Updated: July 4, 2025 

GLOBAL INTELLECTUAL PROPERTY & FIRST-USE NOTICE — CORAL THRONE™

By accessing, loading, viewing, downloading, copying, screenshotting, printing, scraping, indexing, linking to, training AI systems on, or otherwise interacting with CoralThrone.com or any affiliated domains, files, pages, accounts, or materials associated with Coral Throne™ and Coral Throne LLC (collectively, the “Content”), you acknowledge and agree that all sculptures, artworks, renderings, designs, drawings, technical diagrams, CAD files, maquettes, 3D models, illustrations, photographs, videos, animations, text, metadata, project documentation, proposals, branding, trademarks, trade dress, logos, characters, story elements, conceptual materials, marketing assets, digital files, underlying artistic concepts, derivative expressions, layouts, website architecture, and all other creative or technical works—whether currently published, previously published, privately stored, archived, deleted, unpublished, or created in the future—constitute proprietary intellectual property exclusively owned by Coral Throne LLC and protected under United States law and international treaties including the Berne Convention, WIPO Copyright Treaty, TRIPS Agreement, Universal Copyright Convention, Paris Convention, and Madrid Protocol.

Coral Throne™ and all associated marks, designs, imagery, and visual identity elements are asserted as proprietary brand assets intended for commercial use across multiple present and future trademark classes. This notice constitutes public notice of trademark use, first-use intent, and priority rights under U.S. common law, the Lanham Act, and applicable international conventions.

Trademark Usage & Future Commercial Intent

Coral Throne™ and all associated marks, designs, imagery, and visual identity elements are asserted as proprietary brand assets intended for commercial use, and reasonably intended for future use, initial examples appearing on this website and related platforms, across multiple trademark classes in connection with the Coral Throne™ sculpture series, educational materials, merchandise, and related creative, cultural, and commercial activities. This includes, without limitation:

  • Class 6 (metal sculptures and fabricated artworks)

  • Class 25 (apparel and merchandise)

  • Class 41 (educational programming, documentary media, public art exhibitions)

  • Class 36 (charitable fundraising and conservation-support activities)

  • Class 37 (fabrication, installation, and underwater placement services)

  • Class 42 (design, CAD modeling, technical concept development)

  • Class 16 (prints, posters, books, certificates, and paper goods)

  • Class 14 (jewelry, charms, and collectible metal goods)

  • Class 28 (figurines, models, and collectible toys)

  • Class 35 (online retail store services and merchandising)

  • Class 45 (Licensing/IP management)

  • Class 25 (Sculptural seating)

  • Class 9 (Digital, AR, VR, downloads)

These assertions constitute public notice of trademark use, first-use intent, and priority rights under U.S. common law, the Lanham Act, and applicable international conventions.

No user is permitted to reproduce, reconstruct, replicate, re-create, re-fabricate, 3D-scan, LiDAR-scan, photogrammetry-map, model, blueprint, trace, measure, 3D-print, digitally render, CAD-rebuild, CGI-model, AI-generate, train AI on, tokenize, mint, simulate, animate, stylize, reinterpret, adapt, color-variant, architectural-variant, underwater-adapt, or otherwise derive any substantially similar or derivative work from The Coral Throne™ or any related design, concept, artwork, proposal, or visual expression.

No rights of any kind—whether express, implied, statutory, equitable, or technological—are granted to any user, including but not limited to reproduction rights, modification rights, distribution rights, commercial rights, derivative rights, brand-use rights, merchandising rights, AI-training or dataset-ingestion rights, installation rights, removal rights, or public display rights. Any unauthorized use constitutes infringement under U.S. Copyright Law (17 U.S.C. §§101–122), the Lanham Act, the Digital Millennium Copyright Act (DMCA), the Visual Artists Rights Act (VARA), and applicable foreign law.

Nothing in this notice or in the publication of any Content shall be interpreted as a dedication to the public domain, a waiver of any rights, or an abandonment of any intellectual-property claim. Reliance on “fair use” or similar doctrines is strictly limited to their narrow statutory scope and must not conflict with the rights asserted herein. All rights apply regardless of technology, medium, format, device, platform, distribution method, analytical system, or reproduction process now known or later developed, including holographic, augmented-reality, virtual-reality, mixed-reality, neural-rendered, AI-generated, or machine-learning technologies.

All Content is provided “AS IS” without warranty. You agree to indemnify and hold harmless Coral Throne LLC from any misuse or unauthorized use of the Content. Continued access constitutes acceptance of this notice. If you do not agree, you must immediately cease use, exit the website, and delete any cached or stored copies. All rights not expressly granted are fully reserved worldwide in perpetuity. Failure to enforce any aspect of these rights shall not be construed as a waiver.

Entity: Coral Throne LLC 

Email: coralthrone@gmail.com Address: 66 N Pearl Street, Suite 101, Denver, CO 80203 USA

1. Introduction

1.1. This Unified Legal Policy governs your access to and use of coralthrone.com, affiliated microsites, and associated social media accounts (collectively, the “Platforms”), as well as commissions and purchases of artworks created by Coral Throne LLC (“Company,” “we,” “our,” “us”). For clarity, “Artist” refers to the individual creator(s) affiliated with the Company. 

1.2. By accessing or using the Platforms, or by commissioning or purchasing any artwork, you agree to be bound by this Unified Legal Policy, which integrates our Privacy Policy, Terms & Conditions, and Artist Rights & Intellectual Property Policy. 

1.3. This document is intended to provide clear, enforceable protections for visitors, customers, and the Company, and is enforceable under U.S. law and applicable international treaties. 

1.4. This Unified Legal Policy constitutes the entire agreement between you and the Company regarding the Platforms, artworks, and commissions, superseding any prior agreements, understandings, or representations. Any modifications must be in a writing signed by both parties. In the event of conflict with any separate commission contract, this Policy’s Intellectual Property provisions (Section 4) shall prevail unless explicitly overridden in writing by the Company. 

1.5. We may update this Policy from time to time. Changes will be posted on the Platforms with the updated date. Continued use after changes constitutes acceptance. For material changes affecting your rights, we will provide notice via email or prominent posting.

2. Privacy Policy

2.1. Compliance

2.1.1. We process personal data in accordance with applicable laws, including the GDPR, CCPA/CPRA, PIPEDA, LGPD, and analogous regional regulations. 

2.1.2. If any term in this Section conflicts with local mandatory law applicable to you, that local law controls to the minimum extent required.

2.2. Personal Data Collected

2.2.1. Contact Information: name, email, phone, mailing address (for inquiries, commissions, orders, and newsletters). 

2.2.2. Transaction Data: payment details processed securely by third-party providers (e.g., Stripe, PayPal, Square). We do not store full payment card data on our servers. 

2.2.3. Analytics/Data Logs: anonymized or pseudonymized data through cookies or tools (e.g., Google Analytics, Meta) measuring performance and usage. 

2.2.4. Device/Browser Data: IP address, device type, browser type/version, language, time zone, referrer URLs, and session metadata for security and optimization. 

2.2.5. Communications: messages you send via forms or email; preferences related to newsletters and events.

2.3. Purposes of Processing

2.3.1. Respond to inquiries and commission requests. 

2.3.2. Process orders, fulfill deliveries, and provide order/payment updates. 

2.3.3. Improve Platform functionality, security, and user experience. 2.3.4. Send newsletters or promotional communications (where consent or legitimate interest applies). 2.3.5. Comply with legal obligations (tax, accounting, reporting, law enforcement requests).

2.4. Data Sharing

2.4.1. Never sold or rented for marketing purposes. 

2.4.2. Shared only with Service Providers (payments, shipping, analytics, hosting) bound by confidentiality and data protection obligations. 2.4.3. Legal Authorities: when required by law or needed to protect our rights, users, or the public.

2.5. Security

2.5.1. We implement industry-standard safeguards (e.g., SSL/TLS encryption, access controls, backups). 

2.5.2. No method of transmission or storage is 100% secure. We cannot guarantee absolute security.

2.6. Retention

2.6.1. Contact data: until you unsubscribe, request deletion, or it becomes no longer necessary. 

2.6.2. Transaction data: at least 7 years to comply with tax and accounting laws. 

2.6.3. Communications: generally 24 months after last contact, unless needed for dispute handling or compliance. 

2.6.4. You may request erasure (subject to legal retention requirements) via coralthrone@gmail.com.

2.7. Your Rights

2.7.1. Depending on jurisdiction: access, rectification, erasure, restriction, portability, and objection to certain processing. 

2.7.2. Withdraw consent to non-essential processing (e.g., newsletters) without affecting prior lawful processing. 

2.7.3. We aim to respond within 30 days (or 45 days under CCPA where applicable).

2.8. Cookie Policy

2.8.1. Uses:

  • Essential (session, cart, checkout, security).

        
  • Analytics (site performance, error diagnostics).

        
  • Personalization (remembering preferences).

        
  • Marketing (ad measurement/retargeting if enabled). 2.8.2.     Types:

        
  • First-party and third-party cookies.

        
  • Session (expire when browser closes) and persistent (expire on a set schedule).

  • 2.8.3. Consent & Control:     By using the Platforms, you consent to cookie use. Manage via browser settings or a consent tool (where available). Disabling some cookies may affect functionality.

2.9. User-Generated Content

2.9.1. If you submit comments, reviews, or media, you grant us a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and promote such content in connection with the Platforms. 

2.9.2. You represent your content is lawful, non-infringing, and compliant with this policy. We may moderate or remove submissions at our discretion.

2.10. Social Media Interactions

2.10.1. Interactions on third-party platforms (Instagram, Facebook, TikTok, YouTube, etc.) are governed by those platforms’ policies. 

2.10.2. If you use social logins or integrations, we may receive limited profile data pursuant to your permissions.

3. E-Commerce Policy

3.1. Originality

3.1.1. All sculptures and artworks are original, handcrafted creations; natural variations are inherent to the artistic process.

3.2. Payment

3.2.1. Payments are processed via trusted third parties (e.g., Stripe, PayPal, Square). 3.2.2. Custom commissions may require a 50%–100% deposit depending on scope and materials. 3.2.3. Orders finalize upon confirmed receipt of cleared funds.

3.3. Shipping & Delivery

3.3.1. We ship globally, subject to export and local restrictions. 

3.3.2. Shipping costs/timelines are provided at checkout or in the commission agreement. 

3.3.3. We are not liable for delays caused by carriers, customs, strikes, or force majeure. 

3.3.4. Transit damage must be reported within 3 days of delivery for assistance.

3.4. Returns & Refunds

3.4.1. Standard Works: returns within 14 days of delivery for store credit (excluding shipping), if the item is undamaged and in original condition. Buyer pays return shipping. 

3.4.2. Custom Commissions: non-refundable unless defective or materially different from agreed specifications. 

3.4.3. Defective Items: we may replace or issue store credit at our reasonable discretion. Contact coralthrone@gmail.com to initiate.

3.5. Taxes & Duties

3.5.1. Sales tax may apply based on shipping address. 

3.5.2. International buyers are responsible for customs, duties, VAT, and local taxes.

3.6. Warranty

3.6.1. One-year limited warranty against manufacturing defects if properly used and maintained. 3.6.2. Exclusions: improper installation, neglect, misuse, natural weathering/corrosion, vandalism, accidents, acts of God.

3.7. Materials & Safety

3.7.1. Works are crafted from professional-grade metals and materials chosen for durability and aesthetics. 

3.7.2. Material safety data and certifications (e.g., lead-free) available upon request. 

3.7.3. Public interaction with works may introduce risk; clients must implement reasonable safety measures and signage.

3.8. Public Art Installations

3.8.1. Commissioning bodies (e.g., cities, agencies) are responsible for permits, code compliance, safe installation, maintenance, and insurance. 

3.8.2. We supply installation and maintenance guidelines; failure to follow them voids the warranty and may constitute misuse. 

3.8.3. Government Entities: Any public commission agreement must incorporate this Policy by reference. Attempts to claim ownership or transfer of IP rights in such agreements are void and unenforceable unless contained in a separate, explicit, signed IP transfer agreement executed by the Artist. The Company reserves the right to reject or terminate commissions that violate Section 4. 

3.8.4. Commissioning bodies shall cover additional costs (e.g., storage, transportation, rescheduling) incurred due to force majeure events (e.g., hurricanes, floods, government orders), as provided in commission agreements, with reasonable documentation supplied by the Company.

3.9. Corporate/Private Installations

3.9.1. Clients must ensure site readiness (access, structural supports, utilities) and compliance with local regulations. 

3.9.2. Clients are responsible for maintenance after delivery and for insuring against loss, damage, or theft. 

3.9.3. Clients own the physical object only; no intellectual property transfers (see Section 4).

4. Artist Rights & Intellectual Property (Coral Throne™)

4.1. Ownership of IP

4.1.1. All rights, title, and interest in and to artworks, designs, sketches, renderings, CAD files/blueprints, models/maquettes, prototypes, photographs, videos, text, proposals, project documentation, websites, marketing materials, social media accounts (e.g., @thecoralthrone), educational materials (e.g., kids’ coloring book), and community engagement efforts (e.g., Instagram campaigns, beach unveiling events, dive collaborations) are and remain the exclusive property of Coral Throne LLC. 

4.1.2. No transfer of copyright, trade dress, trademark, or other IP occurs through purchase, commissioning, or display of a physical artwork, unless explicitly stated in a separate written instrument signed by the Company.

4.2. Trademarks & Brand Assets

4.2.1. Coral Throne™ (including logos, wordmarks, taglines, and trade dress) is a trademark of Coral Throne LLC. The Coral Throne is protected under copyright as a work of authorship. 

4.2.2. Unauthorized use, imitation, dilution, or confusingly similar use is prohibited. 

4.2.3. Any reference to the brand in signage, brochures, press, or digital media must include attribution:
“Coral Throne™ by Coral Throne LLC.” 

4.3. Non-Transfer, Non-Exclusive Display License

4.3.1. Commissioning bodies and purchasers receive only a limited, revocable, non-exclusive license to display the physical artwork at the agreed location. 

4.3.2. This license does not include rights to reproduce, modify, brand, merchandise, create derivative works, relocate, or publicly represent authorship, unless expressly licensed in writing.

4.4. Moral Rights (VARA – 17 U.S.C. §106A)

4.4.1. The Artist retains the Right of Attribution (to be recognized as author and to prevent misattribution). 

4.4.2. The Artist retains the Right of Integrity, including the right to prevent intentional distortion, mutilation, modification, or destruction of works of recognized stature. 

4.4.3. No waiver of VARA rights is valid unless contained in a separate, explicit, signed waiver executed by the Artist.

4.5. Removal, Storage, and Non-Destruction

4.5.1. If removal is necessary, the commissioning body must (a) return the work to the Company, or (b) store it safely at the commissioning body’s expense pending mutually agreed disposition. 

4.5.2. Destruction or disposal without the Artist’s prior written consent constitutes irreparable harm, breach of contract, and (where applicable) a violation of VARA.

4.6. Media & Documentation

4.6.1. The Company retains the right to photograph, film, and publicly display images, videos, and documentation of works and proposals for editorial, educational, and promotional purposes. 

4.6.2. Commissioning bodies may use project images for non-commercial, educational, or municipal promotion with clear attribution and without alteration. Commercial exploitation requires a separate written license.

4.7. Merchandising & Commercial Use

4.7.1. All merchandising rights (e.g., apparel, prints, collectibles, souvenirs) are reserved to Coral Throne LLC. 

4.7.2. Commissioning bodies and purchasers shall not produce or authorize merchandise, advertising, or sponsorship uses featuring the artwork or brand without a separate license.

4.8. International Protection

4.8.1. Rights are enforceable under the Berne Convention, WIPO Copyright Treaty, and other applicable international agreements. 

4.8.2. Use outside the U.S. must comply with both local law and this Policy.

4.9. Survival & Override

4.9.1. All rights in Section 4 survive any sale, installation, deinstallation, transfer of physical possession, or termination of related contracts. 

4.9.2. Any agreement that purports to waive or transfer these rights is ineffective unless set out in a separate, explicit, signed instrument by the Artist/Company.

4.10. Indemnification

4.10.1. Commissioning bodies, purchasers, fabricators, and installers agree to indemnify, defend, and hold harmless Coral Throne LLC and its principals from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) improper installation, relocation, or maintenance; (b) unauthorized reproduction, branding, or modification; (c) unsafe display conditions or failure to follow provided guidelines; (d) destruction or disposal contrary to Section 4.5. 

4.10.2. The Company agrees to indemnify you for claims arising from our willful misconduct.

4.11. Enforcement & Remedies

4.11.1. The Company actively monitors unauthorized use and will pursue DMCA takedowns, cease-and-desist, injunctive relief, and damages (including attorneys’ fees where permitted). 

4.11.2. Nothing herein limits any other remedies available at law or in equity.

4.12. Trademark Footer Notice

4.12.1. Coral Throne™ and The Coral Throne™ are trademarks of Coral Throne LLC. All rights reserved. Unauthorized use is strictly prohibited.

4.13. Public Records Exemption

4.13.1. Proprietary materials (e.g., CAD files, sketches, renderings, proposals, digital assets) are exempt from public records disclosure under applicable laws (e.g., Florida Statutes §119.071) as trade secrets or proprietary commercial information.

5. International Use & Sanctions

5.1. The Platforms are not available to users in jurisdictions embargoed by the United States, including North Korea, Iran, Syria, Cuba, the Crimea region of Ukraine, or other regions sanctioned by OFAC. 5.2. You are responsible for complying with local laws in your jurisdiction.

6. Accessibility

6.1. We strive to meet WCAG 2.1 Level AA and support accessible features such as keyboard navigation, alt text, and sufficient contrast. 

6.2. We may update for compliance with evolving accessibility standards. 

6.3. Report accessibility issues to coralthrone@gmail.com.

7. Children’s Privacy

7.1. The Platforms are not directed to children under 13 (or under 16 for GDPR purposes). We do not knowingly collect data from such children. 

7.2. If you believe such data was provided, contact us for prompt deletion.

8. Email Newsletters, Events & Exhibitions

8.1. By opting in, you agree to receive updates about new works, events, and offers; you may unsubscribe at any time. 

8.2. Attendance at physical or virtual events constitutes consent to photography/filming and use of your likeness for promotional purposes unless you notify us otherwise in writing. 

8.3. Attendees assume all customary risks of attendance and participation.

9. Miscellaneous

9.1. Affiliate Disclosure

9.1.1. Some links may be affiliate links that earn us a commission at no extra cost to you. We endorse only trusted products/services.

9.2. Third-Party Content & Embeds

9.2.1. Embedded content (e.g., YouTube, Instagram, Vimeo) is governed by third-party policies. We are not responsible for third-party practices.

9.3. Data Backup & Loss

9.3.1. We maintain regular backups to ensure continuity but are not liable for data loss due to technical failures beyond our control.

9.4. Feedback & Complaints

9.4.1. We welcome feedback. For complaints not involving statutory privacy rights, email coralthrone@gmail.com. We aim to respond within 7 business days. 

9.4.2. Unresolved complaints may be directed to relevant authorities (e.g., BBB, state Attorney General).

9.5. Language & Interpretation

9.5.1. This policy is provided in English. If translated, the English version controls in case of discrepancy.

9.6. Severability

9.6.1. If any provision of this Policy is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.7. No Waiver

9.7.1. Failure to enforce any provision shall not constitute a waiver of that or any other provision. Waivers must be in writing and signed by the Company.

9.8. Assignment

9.8.1. You may not assign or transfer any rights or obligations under this Policy without our prior written consent. The Company may assign its rights without restriction. This Policy binds and benefits successors and permitted assigns.

9.9. Force Majeure

9.9.1. Neither party shall be liable for delays or failures due to force majeure events (e.g., acts of God, war, pandemics, government actions beyond reasonable control), provided prompt notice is given.

10. Terms & Conditions (Website Use)

10.1. Cookies (Website)

10.1.1. By accessing coralthrone.com you agree to cookies as described in Section 2.8.

10.2. License & Site Content

10.2.1. Unless otherwise stated, Coral Throne LLC and/or its licensors own all intellectual property rights to site content. 

10.2.2. You must not: (a) sell, rent, or sub-license site material; (b) reproduce, duplicate, or copy content; (c) republish or redistribute content; (d) scrape or data mine. 10.2.3. All uses remain subject to Section 4 (Artist Rights & IP).

10.3. Comments & Moderation

10.3.1. We may monitor comments and remove submissions deemed unlawful, infringing, offensive, or non-compliant.

10.4. Hyperlinking to Our Content

10.4.1. The following organizations may link without prior written approval: government agencies, search engines, news organizations, online directory distributors (consistent with standard practice), and system-wide accredited businesses (with limitations for certain nonprofits). 

10.4.2. Additional organizations may request approval by emailing coralthrone@gmail.com with details. 

10.4.3. Links must not be deceptive or imply sponsorship/endorsement without permission.

10.5. iFrames

10.5.1. Framing of our web pages in a manner that alters appearance or presentation is prohibited without prior written permission.

10.6. Content Liability

10.6.1. We are not responsible for content appearing on third-party sites. You agree to defend and indemnify us against claims arising from your website content that links to us.

10.7. Reservation of Rights

10.7.1. We may request removal of any link to our site. By continuously linking, you agree to these terms and updates thereto.

10.8. Removal of Links

10.8.1. If you find any link on our site offensive, you may contact us. We will consider requests but are not obligated to respond or remove.

10.9. Accuracy & Availability

10.9.1. We do not warrant information completeness or ongoing availability. We may modify content without notice.

11. Disclaimers & Liability

11.1. The Platforms and services are provided “as is” and “as available,” without warranties of any kind, express or implied, except as expressly stated herein. 

11.2. Nothing in this Section limits or excludes: (a) liability for death or personal injury caused by negligence; (b) liability for fraud or fraudulent misrepresentation; (c) rights that cannot be excluded under applicable law; or (d) the Artist’s moral rights under VARA or the Company’s trademarks and IP rights set forth in Section 4. 

11.3. To the maximum extent permitted by law, we shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, nor lost profits, data, goodwill, or business interruption.

12. Governing Law & Dispute Resolution

12.1. Governing Law: This Policy shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. Any disputes arising out of or related to this Policy shall be resolved exclusively in the state or federal courts located in Denver County, Colorado. You consent to personal jurisdiction and venue in such courts. 

12.2. Dispute Resolution: Prior to litigation, parties agree to attempt resolution through good-faith negotiation, followed by mediation under the rules of the American Arbitration Association (AAA) in Denver, CO. If unresolved, disputes may proceed to binding arbitration under AAA rules, at the Company’s election. The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

13. Contact Information

Coral Throne LLC Email: coralthrone@gmail.com Address: 66 N Pearl Street, Suite 101, Denver, CO 80203 USA

14. The Coral Throne™ - Original Line Drawing  Hand-Rendered Copyright Image (© 2025 Michael Herold / Coral Throne LLC)

Trademark & Rights Footer

Coral Throne™ and The Coral Throne™ are trademarks of Coral Throne LLC. All sculptures, designs, renderings, proposals, and materials are protected by U.S. Copyright Law, the Visual Artists Rights Act (17 U.S.C. §106A), and international agreements including the Berne Convention and WIPO treaties. Unauthorized reproduction, modification, branding, merchandising, relocation, or destruction is strictly prohibited.