Terms of Use

1. Introduction

This document ("Agreement") contains the terms and conditions that control your usage of our web site. Please read Agreement before accessing our web site or using any of our tools and services.

This web site, and the tools and services provided via this site, http://www.pond.com/, are all owned and operated by 1i Advertising, ("We/Us") an entity created and existing in the United Kingdom.

2. Effective Date

This Terms of Use Agreement was last updated on September 15, 2009.

3. Modifications of this Agreement

This sets forth the standards of use of the tools and services that this site provides. By using any of the tools and services that this website provides, you must agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at our website. Your continued use of the website service ("Service") after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

4. Services Rendered and General Content Disclaimer

Our service provides users tools and information related to ponds. Our articles and other content may be provided in whole or part by third parties. As such, we disclaim any responsibility for the completeness or accuracy of any such content, including any issues of defamation, rights of privacy, rights of publicity, as well as any copyright or other intellectual property issues.

5. Service Requirements

All users must provide (1) all equipment necessary for their own Internet connection, including their own computer used to access the World Wide Web (2) provide for their own access to the Internet, and (3) pay any fees related with such connection.

6. Disclaimer of Warranties

The site is provided on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. We shall have no liability for any interruptions in the use of this Website. We disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above referenced exclusion is inapplicable.

7. Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE, THE TOOLS AND SERVICES WE PROVIDE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

8. Indemnification

As a user of our web site, you agree to indemnify and hold us, our parent entity, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of your use of our Service, the violation of this Agreement, or infringement by any user or third party, or of any intellectual property infringement or any other right of any person or entity.

9. Modifications and Interruption to Service

We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. We are not responsible for the services provided by any third parties you may learn about via our web site. We do not independently research the credentials of any Vendor.

10. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or web master for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all users to review said privacy policies of third-parties sites.

11. Disclaimer Regarding Accuracy of Vendor Information

All merchants are referred to as "Vendors" within the scope of this Agreement. Products and services are referred to herein as "Products." Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While we make every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. We are not responsible for the services or products mentioned via our website.

We make no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

12. Governing Jurisdiction of the Courts of Her Majesty, United Kingdom

Our website is managed by our officers in the United Kingdom. As such, we are subject to the laws of the nation of the United Kingdom, and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Nation of the United Kingdom, and all legal disputes shall be resolved exclusively within the United Kingdom and you agree to subject yourself to the Jurisdiction of the United Kingdom for resolution of all such disputes in which you are a party. All legal disputes shall be resolved in a court of competent jurisdiction within or near London, England.

13. Compliance with Laws

Each user of our Service assumes all knowledge of applicable law and is responsible for compliance with any such laws. Members may not use the Service in any way that violates applicable English or international laws, regulations or other government requirements. Each user further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, county, national, or international law or regulation.

14. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2009 1i Advertising, with all rights reserved, or is the property of 1i Advertising, or third parties protected by intellectual property rights and related laws. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of 1i Advertising is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of 1i Advertising and that there is no requirement for 1i Advertising to protect against activities by the alteration of any HTML code that publishes the website.

Our trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits our business.

All other trademarks displayed on our website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with us.

15. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the U.S.A Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, any interested United States domiciled party may send us a notice of Claimed Copyright Infringement. While we are not responsible for the laws of the United States, any United States resident, or the resident of any nation, may send us a Claimed Copyright Infringement Notice and we will, with no obligation, review the same and take whatever action, if any, that we in our sole discretion find to be reasonable. All Notices must be sent pursuant to the format as required by the Digital Millennium Copyright Act or they will be discarded without review. Those Complaining Parties who are residents of the United Kingdom may send copyright claims pursuant to the laws of the United Kingdom. By email: Email

16. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user of our Service. You agree that by accepting this Terms of Use Agreement, you are consenting to the use and disclosure of the personally identifiable information and other practices described in our Privacy Policy Statement.