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Legal Notice

TERMS OF USE

Please read these terms of use carefully. If you proceed to use this site, you are agreeing to abide by these rules.

Auction Terms and Rules

Our terms and rules for the auction process on this site are contained in our FAQs. By bidding or otherwise participating in an auction, you agree to comply with all of those terms and rules as if they were repeated in these Terms of Use in their entirety.

You also agree not to use a misleading or confusing auction ID, including but not limited to any ID that makes you appear to be associated with this site or its owners. We reserve the right in our sole discretion to determine whether any auction ID which you register is misleading or confusing, and to either reject it, cancel it or change it at our option. If we do so, we will notify you.

If you are permitted to register as a dealer, you further agree that information on the dealer portion of this site which is designated “dealers only” is restricted to dealers only, and that you will not disclose it to anyone outside of your organization and will limit its distribution to people within your organization who have a need to know that information.

Violation of any of the terms or rules of our auction process are grounds for termination of your auction privileges and/or your registration on this site. We reserve the right in our sole discretion to determine whether you have violated any such terms or rules, and you agree that our decision will be final and binding.

Indemnification

By using this site and/or making a purchase or other transaction through it, you accept and agree to hold us harmless and you waive all rights and claims against the owners of this site and their affiliates, including but not limited to J.KO., Inc., Miyoshiike Co., Ltd. and Taro Kodama for any reason. You understand that this means you cannot sue us for any reason. J.K.O., Inc. enforces its rights to the fullest extent of the law.

You also agree to indemnify and hold harmless J.K.O., Inc. Miyoshiike Co., Ltd., its officers, employees, agents, and assigns from and against any damages, losses, liabilities or expenses (including attorneys fees) arising from your breach of any term, condition, promise, representation or warranty contained herein.

Site Information

J.K.O. Inc, offers the information on this Web site for commercial, educational and informational purposes only. The information is also subject to the usual uncertainties of Nishikigoi living nature and Nishikigoi business and may not be accurate, current, complete and is subject to change without notice.

Intellectual Property Rights, Ownership and Changes

All product and service names, trademark symbol, including the Koi Auction logo, are trademarks and/or service marks owned by or licensed to J.K.O. Inc, its subsidiaries or its affiliates. Use of these marks, except as permitted herein, is expressly prohibited.
All images and text are the property of J.K.O. Inc., and may not be downloaded, distributed, stored, reused, reposted, modified or otherwise used except as provided herein without the express written permission of J.K.O. Inc,.

J.K.O. Inc, reserves the right to make additions, deletions, or modifications to the information at any time without prior notification.

J.K.O. Inc, actively enforces its intellectual property rights to the fullest extent of the law.

Copyright Notice

This site is produced by J.K.O. Inc,. Unauthorized reproduction of Koi Auction Web site and J.K.O., Web site and the material and/or information elements that comprise them is strictly prohibited.

Nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent or trademark of Koi Auction and J.K.O., or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Koi Auction and J.K.O., copyright.

No Guarantee or Warranty

While J.K.O. Inc, has endeavored to make the information contained in this Web site accurate, J.K.O. Inc, cannot guarantee the accuracy of such information. This site is provided “AS IS.” J.K.O. Inc, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION. J.K.O. Inc, HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. IN NO EVENT SHALL J.K.O. INC. OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM, OR IN CONNECTION WITH, THE EXISTENCE OR USE OF THIS INTERNET SITE AND/OR THE INFORMATION CONTAINED IN IT, REGARDLESS OF WHETHER J.K.O. Inc, HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites

As a useful resource to our visitors, J.K.O. Inc, provides links to other Web sites. However, certain links on this site lead to resources located on servers maintained by third parties over whom J.K.O. Inc, has no control. We cannot guarantee, and make no representations as to, the accuracy of any Web site to which we provide a link or reference. Links to other sites are provided only as a convenience to users of our site. If you choose to use any such link, you do so entirely at your own risk, and waive any and all claims against J.K.O. Inc. related thereto.

Information Deemed Nonconfidential

Should any viewer of this site respond with information, including feedback data, questions, comments, suggestions, ideas or the like (excluding personally identifiable information such as name, address, telephone number, e-mail address, or certain health information as discussed below in the Privacy Statement), such information shall be deemed to be nonconfidential, and J.K.O. Inc, shall have no obligation of any kind with respect to such information and shall be free to reproduce, disclose, and distribute the information to others without limitation and to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products incorporating such information.

Use in the United States

The information on the Web site is intended for use only by customers and Koi professionals in the United States. Other countries may have laws, regulatory requirements, and Koi practices that differ from those in the United States and may require references to different or additional information. Because of these various laws, regulations, and Koi practices, information designed to be used in one country may not be appropriate for use outside that country. Therefore, information on this Web site may not be appropriate for residents of or users from other countries than the United States, and any such non-United States users hereby agree that they do so at their own risk and waive any and all claims against J.K.O. Inc. arising therefrom.

Privacy Policy

J.K.O. Inc, is committed to respecting the privacy of its Web site visitors. Many of the materials and programs on our Web sites are designed to support your personal and hobby goals. We recognize that certain information is very personal and needs to be kept confidential. Any personally identifiable information you provide while taking advantage of registration tools on our Web sites is kept confidential. Our goal in offering these tools is to provide a valuable and prompt service to you.

Some of the information we keep on our Web server is information that you volunteer to provide through forms and some is collected automatically. For each visitor to our US Web sites, our server automatically recognizes the visitor’s domain name, but not the e-mail address. We collect only aggregate information concerning which pages visitors access or visit and any information volunteered by the visitor, such as survey information and/or site registrations. We analyze only the aggregate information provided by our Web site visitors with the goal of improving the content and services offered on our Web site.

Only when specifically requested by Web site visitors will the information we collect be used to respond to visitors’ inquiries, fulfill e-mail messaging programs, and notify visitors about new content or services on our Web sites.

If you decide you no longer wish to receive e-mails from us, please let us know by sending an e-mail and telling us you no longer wish to receive e-mail from us. Please provide us with your exact name, postal address, and/or e-mail address. We will be sure your name is removed from our emailing list.

We do not provide this data to third parties, except to the vendors and service agencies that we may engage to assist us or as required by law. For example, we may provide data to an appropriate organization in order to complete a shipment or to assist us in completing your transaction. Any organization to which we provide such information is also required to keep your information confidential in accordance with the J.K.O. Inc, Privacy Policy.