We have a few terms and conditions for using this website
1. Site User Registration
Registration on this site is open to those residing in the United States that agree to abide by the following rules put forth in these terms and conditions.
- Eligibility: You are eligible to enter into this agreement, and (1) you were not prohibited by any competent authority, judicial act or law to enter in any agreement; (2) you are at least 18 years of age, or if the Services are used by a user under the age of eighteen (18) or otherwise under the age of legal eligibility and capacity in the jurisdiction applicable to such user you hereby confirm that you are the legal guardian of the user and both you and the User have read and agreed to these Terms and approved of the user’s continued use of the Service subject to these Terms; (3) you were not previously prohibited by Miyabi Koi Farm (hereafter “Miyabi”) from entering into an agreement with Miyabi nor was your account and/or use of the Services previously blocked, suspended or terminated by Miyabi for any reason; (4) you do not reside in any proscribed state and you are not member of a terror organization; (5) you are using the Services and/or entering these Term on behalf of an corporation you have the authority to bind such are authorized by such corporation and hold all the required consents to enter into and be bound by these Terms on behalf of such corporation.
2. Intended Audience
Miyabi operates and conducts sales only in the United States of America. Any koi or products offered for sale are intended only for those residing within the United States and we will not ship to any foreign countries. Information provided on this site is intended exclusively for an audience within the United States. While much of the information offered in terms of articles, tips, updates, suggestions etc is viewed as good koi husbandry the world over, local laws and regulations may prohibit consumption or execution of such information. You agree to confirm your local regulations before taking any action on information provided on this site, and further agree to hold Miyabi Koi Farm and its directors or agents harmless.
3. Indemnity Agreement
Participation in this site, whether through viewing, commenting, purchasing, or bidding constitutes your agreement to indemnify Miyabi against any losses whether actual or perceived including attorneys, legal, or professional fees. While we try to resolve disputes amicably, all damages shall be limited to no more than purchase price, excluding shipping and/or keeping fees. Any disputes that can not be resolved amicably shall submit to mediation. The venue for arbitration will be Wilmington, Delaware and the parties shall split mediation fees evenly. If no agreement can be reached, both parties agree that there is no resolution to be reached and shall refrain from disparaging the other party. Failure to adhere to these rules shall be considered a breach of contract and the breaching party agrees to pay reasonable attorneys fees of the non-breaching party.
4. Duty of Care
You agree to exercise due caution and care when visiting our farm or facilities. There may be uneven or slippery surfaces, open bodies of water, or other hazards that require visitors to exercise caution. These hazards may or may not be readily visible. Any injuries incurred and subsequent medical bills and/or losses and pain and suffering shall under no circumstances be the responsibility of Miyabi. Enter the facilities at your own risk. We welcome children when accompanied by an attendant parent or legal guardian. We do have a policy that you are 100% responsible for monitoring the whereabouts of your child at all times. Children are precious and we care about their safety and well-being, but we will under no circumstances be responsible for watching children visiting the farm and this is the sole responsibility of the parent or guardian. There is poison ivy in the woods that surround the farm and sometimes on adjacent cropland. Please exercise caution to avoid it if you are allergic.
5. Auction Participation
In order to facilitate a fair and expedient auction process, we require that you abide by our terms and rules for our auctions. By registering an account on this site, you agree to abide by the following terms:
- You will not use vulgar language in any comments or messages, nor create a username that is vulgar or offensive. Miyabi shall have the sole right to determine what is vulgar or offensive
- You will not attempt to gain unauthorized access to non-public areas of the site or access the account of another user whether authorized to do so or not
- You will not attempt to manipulate an auction, whether through a software exploit or coordination with another person or persons
- Miyabi shall have sole discretion over account names, nicknames, or any publicly facing identifying information concerning your account. We may reject, change, or delete your account if we find the naming inappropriate
Failing to abide by any of these terms are grounds for immediate termination of your account and bidding privileges. Miyabi reserves the right to determine what constitutes failure to abide by our usage terms and may or may not provide you with an explanation at our discretion, but will be under no obligation to do so
6. Information offered As-is
While we endeavor to provide the best information possible, there are no absolutes and the accuracy is not guaranteed. Information provided is subject to change, and the koi hobby itself is in a continuous state of change. Information posted may be outdated, inaccurate, incomplete or be subject to mistakes in translation. Miyabi reserves the right to modify or update such information at our sole discretion without prior notification.
7. Third Parties
We may link pages on this site to another site for terms of reference or convenience to our users. These sites are maintained by third parties over which we have no control and we make no representation to the validity, safety, or accuracy of any software or information held on these sites. Please visit these sites at your own risk
8. Data Privacy
With the exception of your email, phone number, or address any information that you voluntarily post on this site such as comments or testimonials, feedback, reviews, ratings, bidding history, and the like are considered public-facing information and we may reproduce or maintain this on the site without limitation. Your bidding history is masked by your user name (not the same as your actual name, unless you choose to make it so) so please choose your username wisely. We will only ask for contact details when you purchase a koi or item, or when you are the winning bidder on an auction. Your contact details are not shared with any third parties, except those necessary to delivered the items you purchased to you. We will never share or sell your contact details or email to any third parties, unless required to do so by law.
You may voluntarily sign up for our newsletters from our site. Newsletters contain a link to unsubscribe or manage your subscription and it shall be your responsibility to unsubscribe or modify your own subscription. You are also able to set notifications from your user dashboard when a variety of koi you selected is put up for auction. If you wish to discontinue these mail updates, please disable notifications from your user dashboard.
10. Auctions and Payment, keeping of koi
You agree to pay for all auctions that you win, and to pay for actual shipping costs unless you wish to pick up your koi in person. Payment must be received within 10 days of the auction ending time. Should we not receive payment by this time, we reserve the right to sell the koi to another person or put it back up for auction.
We are happy to hold koi you purchase or win at auction for up to 30 days, and will guarantee the health of this koi for 14 days. After 14 days, you agree to hold us harmless for any koi that you have left in our care. After 30 days, we will charge the following rates per week:
- April through September – $15/wk
- October through March – $25/wk
These keeping fees are for keeping in a filtered pond, and do not apply to mud pond fees. Again, we do not guarantee the health of the koi after 14 days and will not be held responsible for any damage, illness or death that may occur after this time.
If you request to keep a koi in one of our mud ponds, there is a separate fee and agreement required beforehand.
11. No Warranty
Miyabi makes no warranty or guarantee of accuracy of information contained on this site, nor of the functionality of the auction software. We do not guarantee up-time of the site, or functionality of the auction software. In the event that there is an outage during the time of an auction, we will under no circumstances be held liable.