Acceptance of Terms
By using the KoiHappiness.com website, or by submitting any request to any of the listed dealers, contractors, installers, or hardware suppliers, you understand, acknowledge and agree that you will abide by this Agreement.
Usage restrictions/Intellectual Property
All of the content on the koihappiness.com website, including all images, illustrations, photographs, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by koi design LLC. The entire content of the koihappiness.com website is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement and enhancement of the content.
The content of the koihappiness.com website, and the site as a whole, are intended solely for the personal, noncommercial use by the users of our site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents of the site without first obtaining written permission from koi design LLC.
You may not use any computerized or automatic mechanism, including without limitation, any web spider or robot, to access, extract or download any KoiHappiness.com Materials from the KoiHappiness.com website. You hereby warrant to KoiHappiness.com that you will not use the KoiHappiness.com website for any unlawful purpose or purpose prohibited by this Agreement. If you violate any term of this Agreement, your permission to use the KoiHappiness.com Materials automatically terminates and you must immediately cease all use thereof and destroy any copies you have made of any of the KoiHappiness.com Materials.
We require users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other users. On notice, we will act expeditiously to remove content on the KoiHappiness.com website that infringes the copyright rights of others and will disable the access to the KoiHappiness.com website and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of oth- ers. Specific procedures to notify us about copyright infringement can be found on the Notice and Procedure for Making Claims of Copyright Infringement.
The various trademarks, service marks, show names, character names, logos, and other distinctive identifications (“marks”) on or of the KoiHappiness.com website are the intellectual property of and proprietary to Koi- Happiness.com, its Affiliates, its or their Advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of KoiHappiness.com.
User Comments, Feedback, Postcards and other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to koihappiness.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain the property of koi design LLC. Such disclosure, submission or offer of any Comments shall constitute an assignment to koi design LLC of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, koi Design LLC will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. koi design LLC shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
We have made efforts to display as accurately as possible the colors of the products shown on the koihappiness.com site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Correction of errors and Inaccuracies
The information of the koihappiness.com web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconve- nience this may cause you.
In the event a koihappiness.com product is listed at an incorrect price due to typographical error or systems error, koihappiness.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. koihappiness.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by koihappiness.com without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Enforcement of Terms and Conditions
By accessing and using the koihappiness.com web site, you agree that your access to and use of the koihappiness.com web site is subject to these Terms and Conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of California, United States of America.
Use of Site
Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a koi design LLC or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.
You agree to indemnify, defend, and hold harmless koi design LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all claims, losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
To the extent that the Site contains links to outside services and resources, the availability and content of which koi design LLC do not control, any concerns regarding any such service or resource, or link thereto, should be directed to the particular outside service or resource.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT NEITHER KOI DESIGN LLC NOR ANY OF ITS AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
KoiHappiness.com retains the right to change the terms of this Agreement at any time in its sole discretion. We will post or display notices of material changes on the KoiHappiness.com website. Once posted, such changes become effective immediately, and if you use the KoiHappiness.com website after they become effective, you thereby agree to be bound by the changes. You should check back periodically and review this Agreement so you are aware of the most current rights and obligations that apply to you. KoiHappiness.com retains the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the KoiHappiness.com website at any time, without any liability or obligation to you, with or without notice.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Koi- Happiness.com website, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
You agree that the KoiHappiness.com website shall be deemed solely based in California and that the KoiHappiness.com website shall be deemed a passive website that does not give rise to personal jurisdiction over KoiHappiness.com, either specific or general, in jurisdictions other than California. This Agreement and your use of the KoiHappiness.com website shall be governed by, construed and enforced in accordance with the substantive laws of the United States of American and the State of California applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in Los Angeles County, California and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that KoiHappiness.com has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. Either KoiHappiness.com or you may demand that any dispute between the KoiHappiness.com website and you about or involving the KoiHappiness.com website must be settled by arbitration utilizing the dispute resolution procedures of JAMS in Los Angeles County, California, USA, provided that the foregoing shall not prevent KoiHappiness.com from seeking injunctive relief in a court of competent jurisdiction.