Terms of Service Date of Last Revision: 11/13/09 Welcome to KoiFace.com, a social utility that connects you with Koi, Water Garden and Pond Enthusiasts around the world. The KoiFace service and network (collectively, "KoiFace" or "the Service") are operated by KoiFace and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.KoiFace.com or the mobile version thereof (together the "Site") or by posting a Share Button on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of KoiFace.com.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSION.Eligibility Membership in the Service is void where prohibited. By using the Site and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 14 years of age or older and that your use of the Site shall not violate any applicable law or regulation. If you are 14 years of age or older but under 18 years of age, you agree to have your parent or guardian's permission to allow you to use the site. Your profile may be deleted without notice, if it is found that you have misrepresented your eligibility. Your membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address.

You are solely responsible for all content published or displayed through your membership, including any email messages, and for your interactions with other members.Proprietary Rights in Content Site Owner owns and retains all proprietary rights in the Site and the Service, including any copyrighted material, trademarks, and other proprietary information of Owner and its licensor's. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Copyright Policy You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Owner to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Owner by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.Member Disputes You are solely responsible for your interactions with other members. Owner reserves the right, but has no obligation, to monitor disputes between you and other members.

Disclaimers Owner is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service provided, whether caused by users of the Site, members or by any of the equipment or programming associated with or utilized in the Service. Owner is not responsible for the conduct, whether online or offline, of any user of the Site or member of the Service. Owner assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. Owner is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Site or combination thereof, including any injury or damage to users and/or members or to any person's computer related to or resulting from participation or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances shall Owner be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or the Service or from any Content posted on the Site or transmitted to members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and Owner expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Owner cannot guarantee and does not promise any specific results from use of the Site and/or the Service.



Koiface Forums Terms Of Service

Welcome to www.koiface.com, and the terms of service for the Koiface Forums. We built the forums for members to ask questions, discuss and learn about the pond hobby. We will work hard to create a great atmosphere for our members to grow the Koiface forums, that being said, we have certain policies that must be abided by in order for you to partake in the Koiface forums.

I. Koiface.com believes that a good message board is the heart of a good web site, and as such, the staff at Koiface.com is unwilling to tolerate garbage posts, trash-talking, solicitations, personal attacks, and profanity on these message boards. You may have been to other boards where the board was allowed to be cluttered up with offensive garbage, but you’ll find that at Koiface.com, this is not allowed.

II. There is NO advertising allowed on the Koiface forums unless a banner ad is purchased (Sponsor advertisement is excluded). If you are caught advertising a product without the approval of Koiface or the purchase of a banner ad, you will be warned, if caught again, you will be banned from the Koiface forums. Please refer to the list of approved advertisers in the For Sale/Wanted Forum. Although advertisement of your product is allowed under these circumstances, it does not mean that Koiface.com endorses your product or service. In the event that the administration feels that you, or your affiliates, are abusing this privilege, you will be notified and asked to stop. Failure to comply can potentially result in thread removal, restrictive posting, and/or membership termination/suspension. Be aware that your product may attract criticism; please be prepared as we will not moderate product opinions.

III. When using these message boards, the following behavior/posts are prohibited:

a. Personal attacks or insults on ANYONE
b. Material which defames (slanders), abuses or threatens others
c. Statements that are bigoted, hateful or racially offensive
d. Material that advocates illegal activity or discusses illegal activities with the intent to commit them
e. Posts with the sole intent of eliciting negative responses (flaming)
f. Rumors concerning the private lives of posters or other persons, when such knowledge is not public record. This includes a person’s academic, vocational, financial status and other private matters that should not be discussed in a public forum
g. Constructively critiquing an application’s features is acceptable, but general criticism of applications, organizations, or persons will not be tolerated, particularly individual persons.
h. Excessive numbers of posts. If you’re “living” on the forum, posting every 2-3 minutes, and getting in heated discussions with numerous other posters, this will be considered a violation of the board Terms of Service.
i. Repeated “pot-stirring,” or always being the center of controversy on the forums. If you post in a fashion that otherwise abides by the terms of service, but which continually raises the ire of the message board community, this may be considered a violation of the board Terms of Service.
j. Unauthorized copyrighted material, including such items as scans of copyrighted material or posts of subscription-based web articles/forums.
k. Material that contains vulgar, obscene or indecent language or images, including posting vulgar words with characters such as $ or * substituted for strategic letters (examples: a$$ or @ss, s**t, etc. are prohibited).
Any person or business on Koiface either in the forums or any other area of Koiface that disrespects the Koiface brand or posts comments that intentionally draw members away from koiface.com (by stating that they offer a better service than what we currently offer) has no place being on koiface.com and will be removed as a member, any advertising they may have will be removed and their money refunded. This includes removal from any area within the www.koiface.com site. We respect all other social network sites online, we gladly allow them to advetise on koiface.com and become members.
Also prohibited are abbreviations of vulgar words or phrases, such as WTF.
l. Religious profanities will not be tolerated, such as taking the lord’s name in vain.
m. Posts containing embedded pictures that are pornographic in nature, or links to pornographic web sites. Other sexually suggestive pictures and links to inappropriate web sites may also be deleted.
n. Posts or posting habits which are otherwise deemed inappropriate by the staff at Koiface.como. Posting in a thread of an unrelated topic (hijacking).

II. Statements or postings which violate the above terms will be deleted upon discovery. Users who violate these Terms of Service may or may not receive a warning. Depending on the severity and frequent occurrences of violations, the user may lose his account temporarily or permanently. Account suspensions are at the sole discretion of the Koiface staff.

III. Duplicate accounts are not allowed. Users who have their account deactivated and then re-register for a new account will have the new account deactivated. Re-registrations must first be approved by our staff.

IV. Any user posting on the semperfiwebdesign.com message boards is implicitly agreeing to these rules, regardless of whether they have been read or not.

V. Lastly, what the Koiface.com staff says is what goes. On the board, you can recognize koiface staff by the (moderator) designation listed for a particular forum room. Our priority is running a message board system that Koi Enthusiasts, Pond Enthusiasts, Water Garden Enthusiasts and the Pond Trade would be proud of.

VI. Note that any and all fish obtained as a result of any and all transactions, giveaways, raffles, etc., occurring on or resulting from any activity on Koiface are in no way guaranteed or warranted by Koiface. Koiface is not responsible for their quality or condition and Koiface urges everyone to quarantine and obtain serology testing for khv for any fish obtained in any manner from any source.




Koiface.com and Affiliate Marketplace Terms of Service

The following describes the terms on which Koiface.com offers you access to our Marketplace services.

Introduction

Welcome to Koiface.com, By using Koiface.com, you agree to the following terms with Koiface. and the general principles for the websites of our subsidiaries and international affiliates.

This Agreement is effective on September 29, 2009, for current users, and upon acceptance for new users. The previous amendment to this User Agreement was effective for all users on June 14, 2009.Scope

Before you may become a member of Koiface.com,you must read and accept all of the terms in, and linked to, this User Agreement. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use Koiface.com.

Using Koiface.com

While using Koiface.com, you will not:

* post content or items in an inappropriate category or areas on our sites and services;

* violate any laws, third party rights or our policies, such as the prohibited and restricted items policies;

* use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools;

* fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;

* manipulate the price of any item or interfere with other users' listings;

* circumvent or manipulate our fee structure, the billing process, or fees owed to Koiface.com;

* post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

* take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the sites or using it for purposes unrelated to koiface.com);

* distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

* distribute viruses or any other technologies that may harm koiface.com or it's affiliated sites, or the interests or property of koiface.com and koiface.com affiliate users;

* copy, modify, or distribute rights or content from the koiface.com or affiliate sites, service, or tools or koiface.com copyrights and trademarks; or

* harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing Koiface.com

Koiface.com and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue eBay sites, services, or tools.

Buyer Protection

Buyers and sellers share the responsibility for making sure purchases facilitated by koiface.com and it's affiliates are exciting, rewarding, and hassle-free. We strongly encourage buyers to work with sellers. Koiface.com is simply a facilitator and does not get involved in any disputes between buyer and sellar.

Fees and Services

Joining koiface.com is free. We do charge fees for using other services, such as listing items in the koiface.com marketplace. Koiface.com has the right to update fees giving users 30 days notice before fees go into affect. Koiface.com may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You will not hold koiface.com responsible for other users' content, actions, or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional ecommerce site. Instead, our site is a venue to allow anyone to offer, sell, and buy just about anything related to the pond industry, at anytime, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats, and auction-style formats potentially in the future. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under koiface.com Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Access and Interference

You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express handwritten permission.

Additionally, you agree that you will not:

* take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

* copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of koiface.com or it's affiliates and the appropriate third party, as applicable;

* interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools; or

Privacy

We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

Koiface.com and it's affiliates are indemnified and can not be held responsible for any and all problems that may arise from the purchase from a product or live animal or plant purchased from koiface.com or any of it's affiliates. This also includes the shipping of these products live, inanimate or received dead on arrival. It is the sole responsibility of the seller for any sales and shipping associated with the purchase.

Dealer Licenses

Any dealer selling Live goods including plants and animals must provide a fish dealer / reseller & plant dealer license. No exceptions. Failure to provide this information upon request will result in removal from the marketplace.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to koiface.com and it's affiliates during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through koiface.com email Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” doesn't include an email message and a signature doesn't include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.

Contacts,

Please send any emails, disputes or questions to koiface@live.com