General Forum Usage Rules

BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEB SITE. THE FOLLOWING RULES APPLY TO ALL SECTIONS OF THIS WEB SITE, INCLUDING PRIVATE MESSAGING (PM), FORUM POSTINGS, AND THE E-MAIL SYSTEM.

Each access of this web site by you is governed by the Agreement that is accessible on this web site at the time of use, which may be updated by SimplyDiscus LLC and its agents from time to time without notice to you other than the posting of the Agreement on this web site.

The information on this web site is presented for informational purposes only. Any email or correspondence from this web site, or from SimplyDiscus regarding this web site, is provided for informational purposes only. This web site also includes links to other web sites where the content is not controlled by SimplyDiscus LLC. In any case, the information provided is "as is" with all faults and without warranty of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose. SimplyDiscus LLC makes no warranties or representations regarding the accuracy or completeness of the information. In no event shall SimplyDiscus LLC, its owners, administrators, or moderators, or any affiliate organizations be liable for any damages, including incidental or consequential damages, lost profits, or lost data, or any indirect damages even if we have been informed of the possibility thereof.

SimplyDiscus LLC does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on any associated or referenced message boards, discussion or chat areas.

You may not post or transmit on any message boards, forums, or chat areas operated by SimplyDiscus LLC (hereinafter inclusive of the term "SimplyDiscus Forums") any defamatory, harassing, abusive, obscene, profane, vulgar, sexually explicit, threatening, or illegal material, or any material containing blatant expressions of bigotry, racism, or hate. SimplyDiscus Forums are accessible to internet users of all ages. Appropriate language shall be used at all times.

You agree not to place any material on SimplyDiscus Forums that is junk mail, advertising, soliciting of a product or web site, or that is invasive of another's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use any of these Discussion Areas only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You also agree not to post any copyrighted material unless the copyright is owned by you or you have consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also inappropriate to this forum. SimplyDiscus LLC reserves the right at our sole discretion (but we are not obligated) to edit, review, remove, or refuse to post any material that is submitted for display.

You agree, through your use of this forum, that you will not resort to trolling behaviors, A troll is a person who sows discord on the Internet by starting arguments or upsetting member, by posting inflammatory, extraneous, or off-topic messages in an online community (such as this forum), with the deliberate intent of provoking members into an emotional response or of otherwise disrupting normal on-topic discussion. (source: Wikipedia)

You agree that you use SimplyDiscus Forums at your own risk.

You agree that postings that you make are not private and may be reproduced in any manner by SimplyDiscus LLC or associated service providers.

You agree to indemnify SimplyDiscus LLC, the SimplyDiscus Forums and web site and their affiliates, employees, agents, and representatives, and to hold them harmless, for any and all claims and liabilities (including attorney fees) which may arise from your submissions or from your unauthorized use of material obtained through SimplyDiscus Forums.

You agree that SimplyDiscus Forums may terminate Discussion Areas or terminate your ability to access SimplyDiscus Forums, for any reason, without notice.

Note that it is impossible for us to confirm the validity of posts on this forum. Please remember that we are not responsible for their content. We do not warrant the accuracy, completeness or usefulness of any information presented. The messages express the views of the author, not necessarily the views of this forum. Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of this forum immediately. We have the rights to remove objectionable content, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately. This policy goes for member profile information as well.

You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password out to another member, for your protection and for validity reasons. You also agree to NEVER use another member's account to post messages or browse this forum. You may register only ONE username on this forum. Multiple usernames are not allowed and will be merged or deleted at our discretion. If necessary, please contact an administrator to change your existing username rather than creating a new one.

After you register and log into this forum, you can fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information we deem inaccurate or vulgar will be removed.

Please note that with each post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted. This will only happen in the event of a major violation of this agreement.

Finally, a word about common sense: Apply it, use it, and be guided by it. The reason for and the spirit in which these rules were written will always outweigh the literal wording.


Advertising & Promotions

Your dealings with, or participation in promotions of, advertisers or sponsors found on the SimplyDiscus Forums and web site, including payment and delivery or related goods or services issues, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser/sponsor. You agree that SimplyDiscus LLC and SimplyDiscus Forums as well as its owners shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers/sponsors on the SimplyDiscus Forums Web site.


Links

SimplyDiscus Forums may provide links on this web site to other web sites or resources. Because SimplyDiscus Forums has no control over such sites and resources, you acknowledge and agree that SimplyDiscus Forums and SimplyDiscus LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.


Termination

SimplyDiscus LLC may terminate this Agreement and/or deny you access to the web site at any time, with or without cause or notice. It may do so for any amount of time or permanently at its discretion.


Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIMPLYDISCUS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) SIMPLYDISCUS LLC MAKES NO WARRANTY THAT (i) THE CONTENT OF THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFORMATION ON THE WEB SITE WILL BE ACCURATE OR RELIABLE, AND/OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS; AND (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


Limitation of Liability

YOU AGREE THAT NEITHER SIMPLYDISCUS LLC AND ITS AFFILIATED COMPANIES AND FORUMS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADMINISTRATORS, MODERATORS, INFORMATION PROVIDERS, OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THIS WEB SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST SIMPLYDISCUS LLC, ITS OWNERS, ADMINISTRATORS, AND MODERATORS AS WELL AS ITS AFFILIATED COMPANIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF SIMPLYDISCUS LLC AND ITS AFFILIATED COMPANIES AND FORUMS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADMINISTRATORS, MODERATORS, INFORMATION PROVIDERS, OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEB SITE).

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF SIMPLYDISCUS LLC, AND ITS ADMINISTRATORS, MODERATORS, AFFILIATED COMPANIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL SIMPLYDISCUS LLC AND ITS AFFILIATED FORUMS AND COMPANIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE WEB SITE ARE HEREBY EXCLUDED EVEN IF SIMPLYDISCUS LLC AND ITS AFFILIATED FORUMS AND COMPANIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Miscellaneous

This Agreement is governed by the Laws of the State of Connecticut, without regard to its laws related to conflicts of law. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. In the event of legal action, any and all legal proceeding will take place in the State of Connecticut and be governed by The Laws Of State of Connecticut.

Your use of SimplyDiscus LLC’s Forum, SimplyDiscus Forums, is acknowledgement of all rules and conditions described here. If you do not agree to these rules, you may not use SimplyDiscus Forums.

Any rights not expressly granted herein are reserved to SimplyDiscus LLC and its owners.

The Marketplace Rules

In accordance with the Registration Agreement and general forum use rules, you agree that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of ANY law.


Buy, Sell, and Trade Section

This forum exists as a service for our members to trade and sell their personal discus and/or aquarium related items. It is not intended as a commercial outlet.

Commercial posts are not allowed in this section. Commercial posts are any posts containing extensive lists of fish, multiple new items listed for sale, and recurring threads for the same new equipment or fish.

All posts will be evaluated on a case-by-case basis. SimplyDiscus reserves the right to remove any posts that are deemed inappropriate and allow exceptions to the posting rules if the administration or moderators see fit.

This is not a discussion forum. If you wish to purchase or trade, please post. However, if you only wish to comment on the quality of someone else's purchase/trade item or price, with no intention of buying or trading, please keep it to yourself. These types of posts only side-track the thread away from the goal of the original poster -- trading or selling their item.

For questions regarding commercial sales, please contact brewmaster15 (Al Sabetta) on the forum.

All transactions arising from this section are private, and SimplyDiscus assumes no financial responsibility or liability for them. Buyer/seller disputes must be handled by the individuals involved. Claims of seller misconduct may be directed to the board moderators or administrators.

You must agree to these rules in order to proceed to the Buy, Sell, and Trade forum. By agreeing to these rules, you understand that failure to comply with these guidelines will result in a warning through Private Message or e-mail. Only one warning will be issued. Any member who continues to ignore these rules will be banned.


Livestock and Product Reviews Section

Product and livestock ratings are submitted by SimplyDiscus members based upon their own subjective views and do not reflect the opinions of SimplyDiscus LLC, its management, owners, administrators, or moderators. Consistent with Section 230(c)(1) of the Communications Decency Act of 1996, SimplyDiscus LLC is a provider of interactive computer services only and is not the information content provider of submitted reviews.

SimplyDiscus LLC disclaims any responsibility for the accuracy of information contained in reviews submitted by members, or for any damage or liability arising from the content of any review appearing on SimplyDiscus.com.

All product or livestock information posted in this section must be provided by the reviewing member, based upon that member's personal experience. Only first-hand experiences are allowed. All second-hand information will be regarded as hearsay and removed by a moderator or administrator. Continuing to abuse or ignore the rules of this section will result in your access to this section being removed, or a temporary or permanent banning from the SimplyDiscus forum in its entirety.

The Livestock and Product Reviews forum is not a discussion forum. All posts that are deemed unrelated or off-topic will be removed at the discretion of a moderator or administrator. If you feel a particular post in this section is off-topic you may use the Report Post feature to alert a moderator/administrator to the thread or contact a moderator/administrator via Private Message.

If you are aware of any knowingly false or malicious information contained within a review, please report the post to SimplyDiscus immediately.


iTrader Feedback System

iTrader, an electronic feedback system, is in place to better serve members of the SimplyDiscus community by allowing them to leave, respond to, and review feedback regarding purchases and trades made within this forum. The feedback system is not to be abused. All feedback will be monitored and any inappropriate comments left will be removed.

• Do not use this system to slam, flame, or slander anyone.
• The comments posted in the feedback system should not violate other site rules.
• Feedback is only allowed on transactions between Buyers and Sellers!
• Second-hand feedback or feedback based on hearsay is not allowed.
• Please limit one feedback per transaction. There is a maximum of two feedbacks per month, per member. Attempts to rate the same member more than twice in 30 days will not be recorded.

If the transaction in question originated as a post on the board, either in the Sponsors section or the Buy, Sell, and Trade section, please copy and paste the URL from the original message into the appropriate space on the feedback form. Also, please provide as many detailed notes regarding the transaction as possible. These are only visible to the buyer, seller, and administration.

The feedback system, when used properly, can be a helpful tool in planning future transactions with other members of this forum.

IP addresses are logged for all posts. Any abuse of the iTrader system will not be tolerated and will result in penalties being applied which may include a permanent ban.