koiculture.com - Terms of use

MEMBER TERMS AND CONDITIONS

 

By clicking on the “I Accept”, “Submit”, “Login” or similar button or checking the “I Accept” or similar box at the end of the Account registration process or when logging in to your Account, you hereby agree to be bound by these Member Terms and Conditions (“Member Conditions”) as well as the Website Terms And Conditions (“Website Conditions”) which are hereby incorporated by reference into these Member Conditions, including without limitation, the representations set out in Clause 1.1 of the Website Conditions. In the event of any conflict, inconsistency or ambiguity between these Member Conditions and the Website Conditions, these Member Conditions shall govern and take precedence over the Website Conditions:

 

1.         Definitions

 

1.1        All defined terms in the Website Conditions, apply to these Member Conditions unless specifically defined in these Member Conditions.

             

2.         User Name, Password, Account Information

 

2.1        You agree that your Account is for your sole, personal use (or that of the entity on whose behalf you are entering into these Member Conditions).  You hereby agree not to:

           

2.1.1     share with or permit others to use your Account or Password (defined in Clause 2.3); or

 

2.1.2     assign or otherwise transfer your Account to any other person or entity.

You acknowledge and agree that any unauthorised sharing or disclosure of your Password will cause wrongful loss to Koiculture.com Domain and constitutes an offence under Section 8 of the Computer Misuse Act (Cap. 50A).

 

2.2        You shall provide Koiculture.com domain with accurate, complete, and up-to-date Account information and further ensure that the information is kept updated and remains current, accurate and complete. Failure to do so shall constitute a breach of these Member Conditions, which may result in the restriction, suspension or immediate termination of your Account.

 

2.3        As part of the registration process for the Account, you will select a password ("Password") and user name ("User Name").  You may not:

           

2.3.1     select or use a User Name of another person with the intent to impersonate that person;

 

2.3.2     use a name subject to the rights of any other person without authorisation; or

 

2.3.3     use a User Name that Koiculture.com domain, in its sole discretion, deems inappropriate or offensive.

 

2.4        You shall promptly notify Koiculture.com domain of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password.  You shall be solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password.

 

2.5        You shall be bound by and responsible for, and Koiculture.com domain shall be entitled to rely on, all communications transmitted through the use of your User Name and Password, and all such communications shall be deemed to be communications made and issued by you.

 

2.6        You shall be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted through the use of your User Name and Password.

 

2.7        Koiculture.com domain shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your User Name and Password.

 

2.8        You agree that Koiculture.com domain reserves the right to change or re-assign User Names and/or Password(s) at its sole discretion by giving you notice. Koiculture.com domain shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.

 

2.9        Unless prior written notice of no less than thirty (30) days (or such other period specified by Koiculture.com domain) is given to Koiculture.com domain, you agree that Koiculture.com domain may automatically renew your membership or subscription account upon expiration.

             

3.         Use of Account Information

 

3.1        In addition to and without limiting the terms of our Privacy Policy, by providing the information requested for your Account, you hereby consent to Koiculture.com domain’s use and disclosure of all such information and information relating to your use of the Site or Services for the following purposes:

           

3.1.1     to respond to your requests and queries;

 

3.1.2     to provide the Services to you;

 

3.1.3     to verify and process your personal particulars and payments;

 

3.1.4     to communicate with you;

 

3.1.5     to enforce these Member Conditions and the Website Conditions and our legal rights and remedies;

 

3.1.6     for marketing research, user profile and statistical analysis;

 

3.1.7     to send you information, promotions, updates, and marketing and advertising materials in relation to our goods and services and those of third party organisations;

 

3.1.8     complying with law, the requests of law enforcement and regulatory officials, or orders of court; and

 

3.1.9     for any other purpose including the disclosure of such information to third parties for commercial / business reasons, provided that Koiculture.com domain shall not disclose credit card account information except for the purposes set out in Clauses 3.1.2 and 3.1.3 above.

             

4.         Suspension and Termination of Account

 

4.1        You agree that Koiculture.com domain has the right in its sole and absolute discretion and without notice to:

           

4.1.1     restrict, suspend, or terminate your access to all or any part of the Services; and/or

 

4.1.2     terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason. Without prejudice to the generality of the above, Koiculture.com domain reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any of our Website Conditions or these Member Conditions or if Koiculture.com domain believes that you have been using the Account for unlawful and/or undesirable activities.

 

4.2        You agree not to hold Koiculture.com domain liable or responsible for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account.

             

5.         Member Obligations

 

5.1        You represent and warrant that you have read and agree to be bound by our Website Conditions and these Member Conditions.

 

5.2        You acknowledge that the Site and Services are used by a community of users, and you hereby agree and undertake:

           

5.2.1     to treat all users with respect and civility;

 

5.2.2     not to annoy, pester, solicit, harass, threaten, offend, insult, abuse, defame, or injure any other users, or commit any unlawful or tortious acts against other users;

 

5.2.3     not to spam, mail bomb, send viruses, spyware, malware, worms or other damaging material to other users, or act in any manner that adversely affects the use of the Services by other users;

 

5.2.4     not to harvest or otherwise collect information about users, including email addresses, without koiculture.com’s prior written consent.

 

5.3        You agree that when using the Services:

           

5.3.1     you will only submit, upload or publish User Content in strict compliance with Clause 6 below;

 

5.3.2     you will not offer for sale items and/or services which are illegal, banned, unlicensed, controlled, or socially or morally reprehensible items;

 

5.3.3     you will not offer for sale items and/or services, or submit, upload or publish User Content, in an incorrect or inappropriate category or area on the Site, including without limitation posting unauthorised advertisements in any forum, discussion or message boards that is open and accessible to users of the Services; and

 

5.3.4     you will not alter, delete, manipulate, undermine or interfere with the listings or postings of any other Member.

 

5.4        Any infringing, fraudulent, abusive, or otherwise illegal activity, or any breach of the Website Conditions or these Member Conditions, shall be grounds for termination of your use of the Site and Services and/or your Account, at Koiculture.com domain's sole and absolute discretion, and you may be reported to appropriate law-enforcement agencies.

 

5.5        Without prejudice to Koiculture.com domain’s rights of restriction, suspension and termination under Clause 4 above, Koiculture.com domain reserves the right to terminate your Account and/or your access to all or any part of the Site or Services if you are in breach of any of these Member Conditions or the Website Conditions or if Koiculture.com domain believes that you have been using the Site or any of the Services for unlawful and/or undesirable activities.

 

5.6        You agree to indemnify and hold Koiculture.com domain, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

           

5.6.1     any advertisements, listings, postings or User Content placed by you;

 

5.6.2     any products and services offered, sold, provided, or advertised by you;

 

5.6.3     your use of any Services;

5.6.4     your breach of warranty, or breach of any terms and conditions of these Member Conditions; or

 

5.6.5     your misrepresentation, fraudulent acts, tortious acts, breach of contract, or violation of any rights of another person or entity.

             

6.         User Content

 

6.1        Please exercise respect when participating in any community feature on the Site or the Services which permits you to upload or submit User Content.

 

6.2        You may not submit, upload or publish through the Site or the Services any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, obscene, indecent, lewd, abusive, illegal, political, racist, religious, blasphemous, false, an infringement of any intellectual property rights of a third party, or would otherwise violate or encourage the violation of any law (including the Official Secrets Act (Cap.213)) or the proprietary or other rights of any third party (individually and collectively “Improper Works”).  Furthermore, you may not submit or publish User Content that solicits funds, or includes programs that contain viruses, Trojan horses, worms, time bombs or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer.

 

6.3        If, at any time you contribute, submit, upload or post User Content to Koiculture.com domain or the Site or using the Services, you automatically:

           

6.3.1     and irrevocably grant and assign to Koiculture.com domain an equal share of all intellectual property rights, title and interests (including copyright) in the User Content, in all forms and media, and in all countries of the world, to be co-owned as tenants-in-common, with full rights to use, license, exploit and enforce the said intellectual property rights and to assign the above share of co-ownership, and without any obligation for Koiculture.com domain to account to you for any proceeds thereof, and you also agree and undertake to execute at the request of Koiculture.com domain, such other instruments, assurances or documents, as may be required to vest in Koiculture.com domain, or required for Koiculture.com domain to register in any jurisdiction, all the title or rights as referred to herein. For the avoidance of doubt, and without derogation from the above, Koiculture.com domain and its affiliates, subsidiaries and subcontractors (including its Internet content hosting servers and delivery networks) shall have a non-exclusive, royalty-free, irrevocable, perpetual and worldwide right to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast) and to sub-licence the User Content whether or not in connection with the provision of the Services and/or on or via the Site, other websites, and other printed and online publications and newspapers;

 

6.3.2     represent and warrant that:

           

(i)         all such User Content are your own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party;

 

(ii)         none of the User Content are proprietary or confidential;

 

(iii)        none of the User Content are Improper Works, nor will they expose koiculture.com to any civil or criminal proceedings in any part of the world; and

 

(iv)        the use by Koiculture.com domain and other users for the purposes and in the manner set out in this Clause 6.3, and the hosting of such User Content on the Servers by Koiculture.com domain will not require any further licences or rights from, or infringe any intellectual property or other rights of, any third party; and

 

6.4        Koiculture.com domain at all times retains the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever.  Without limiting the foregoing right, Koiculture.com domain may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which Koiculture.com domain believes are Improper Works, or which is the subject of any dispute.

 

6.5        Koiculture.com domain may in its sole and absolute discretion lift the restriction or suspension of your access to the Site, Services or Account, if Koiculture.com domain is satisfied that the User Content no longer constitutes Improper Works or is the subject of any dispute. 

 

6.6        You agree to indemnify and hold Koiculture.com domain, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of User Content you submit, post to or transmit through the Site or Services.

             

7.         Use of Services

 

7.1        General

You acknowledge and agree that:

           

7.1.1     Some Services are subject to further terms and conditions or the execution of a separate contract between Koiculture.com domain and yourself.

 

7.1.2     Koiculture.com domain shall be entitled at any time, at its sole discretion and without prior notice, to:

           

7.1.2.1 add to, vary, terminate, withdraw or suspend the whole or any part or feature of any Service; and/or

 

7.1.2.2 add new Services.

 

7.1.3     Where new Services are added, these Member Conditions and the Website Conditions will also apply to such new Services, in addition to any further terms and conditions notified to you.

 

             

8.         Koiculture.com’s Legal & Regulatory Compliance Obligations

 

8.1        You acknowledge that Koiculture.com domain may be required under applicable law or upon the receipt of legitimate instructions from government authorities, to carry out acts in breach of the terms of this Agreement, and you hereby agree not to hold Koiculture.com domain liable or responsible for any such breach of the Agreement.

             

9.         Evidence

 

9.1        You hereby agree that:

           

9.1.1     All records of Koiculture.com domain relating to the Services, your use or access of the Services or  the Site, your Account, your particulars, any Content, or this Agreement (collectively “Records”), though in electronic form, are written documents, and you shall not dispute or challenge the validity or enforceability of any Record on the grounds that it is not a written document, is in electronic form, or was produced by or is the output of a computer system, and you hereby waive any such right you may have at law; and

 

9.1.2     the Records, though in electronic form, are original documents, and you will not challenge the admissibility of any Record on the grounds that it is made in electronic form.

             

 


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