Last Updated:

5/24/2019

Overview

These Terms and Conditions are rules which you as the user must agree to abide by in order to use our Website and Services. This Website (shimasu.co) is operated by SHIMASU INC (the “Company”). Throughout the Site, the terms “we”, “us” and “our” refer to the Company. The Company offers this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Scope Of Service

Welcome to SHIMASU INC! Our mission is creating progress through technology that lifts the human condition, which we are accomplishing by building an ecosystem for people to learn and connect. When you visit, view, use, or access our website ("shimasu.co") and any applicable subdomains thereof, or any applications, functionalities, content, materials, Interactive Features, or other online services provided by SHIMASU INC (collectively, the “Site”), whether as a guest or a registered user, you’re agreeing to the following terms and conditions, so please take a few minutes to read over the Terms of Use below.

Use Of Service

In consideration for your agreement to the terms and conditions contained here, SHIMASU INC grants you a personal, non-exclusive, non-transferable license to access and use the Sites. User may download material from the Sites only for User’s own personal, non-commercial use. User may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that use of any information, software or any other content on the Site is permissible rests with User.

Site Access And Account Registration

To access the Site, you may be asked to provide certain account information and other details. This account information helps us to create and maintain a SHIMASU INC account for you, which is necessary for providing you the content, customer service, and network management that comes with the Site; as such, it is a condition of your use of the Site that all account information you provide is correct, current, and complete. You agree that all account information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. With regard to your username, password, any other piece of information you provide to us as part of our security procedures, you agree to treat such Account Information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account Information is personal to you, and you agree not to provide any other person with access to the Site using your Account Information. You agree to notify us immediately (EMAIL) of any unauthorized access to or use of your Account Information or any other breach of security that you become aware of. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Account Information or other personal information. Except as provided herein, you may not transfer your Account Information to any other person and you may not use anyone else’s Account Information or account at any time. In cases where you have nevertheless authorized or registered another person to use your account or Plan, or where you have acted negligently in safeguarding your Account Information as set forth above, you agree you are fully responsible for (i) the acts and omissions of such person accessing the Site with your Account Information, (ii) controlling the person’s access to and use of the Site, and (iii) the consequences of any use or misuse by such person.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that billing and registration information you provide on the Sites will be accurate and complete. SHIMASU INC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Ownership

Unless otherwise indicated, this Website and all of its Content are owned by SHIMASU INC. The posting of any Content on this Website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any Content viewed through this Website. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. Permission is hereby granted to the extent necessary to lawfully access and use this Website and its Content to display, download, archive and print in hard copy, portions of this Website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by SHIMASU INC. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Feedback On The Websites

The Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to SHIMASU INC and share such Feedback with other users, or the public. By submitting Feedback through the Websites, you grant SHIMASU INC a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other SHIMASU INC marketing materials and where required to do so by law or in good faith to comply with legal process.).

User Content and Feedback Representations

You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that SHIMASU INC does not control, and is not responsible for, User Content or Feedback and that by using the Service and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless SHIMASU INC for all claims resulting from User Content or Feedback you submit through the Service and/or Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.

User Posting

By posting Content to the Service, you grant us the right and license to use, publicly perform, publicly display, modify, reproduce, creating derivative works or adaptations from it, incorporating it into advertisements and other works, promoting it, and distribute such Content on and through the Service, as well as allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media.

Premium Features

SHIMASU INC may offer certain Users the ability to purchase Premium Features through the Service. The categories and prices of our Premium Features are described in the application below and are subject to change from time to time.
Subscription Services: The Premium Features may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize SHIMASU INC to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Subscription Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your purchase. We will bill your Payment Method at the time you purchase one of our Premium Features, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. You acknowledge and agree that any credit card and related billing and payment information that you provide during your purchase of Premium Content may be shared with SHIMASU INC’s payment processor(s) for the sole purpose of processing the transaction.
Availability of Premium Content: We make reasonable efforts to accurately display the attributes of our Premium Content, including the various resources; however, the actual performance of the resources will depend on your computer system, and we cannot guarantee that your computer will accurately display such content. The inclusion of any particular Premium Content or service on our Service at a particular time does not imply or warrant that these content or services will be available at any time.
By purchasing Premium Content, you agree that we may communicate with you electronically any important information regarding your purchases or your account and as set forth in our Privacy Policy. We may also provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. We may update these Payments Terms at any time without notice as we deem necessary to the full extent permitted by law. The Payments Terms in place at the time you confirm a transaction will govern that transaction.

Canceling Subscriptions

You may cancel your Subscription at any time. To cancel, you can either (i) email us at (EMAIL) and follow instructions, if any, we provide to you in response to your cancellation request, or (ii) initiate a cancellation through your account settings within the Services. You will be responsible for all Subscription fees incurred for the then-current Subscription period. If you cancel, your cancellation will be effective immediately, but SHIMASU INC will allow you to access the Subscription features until the most recently paid-up Subscription period ends, and then we will terminate your access. Canceling your Subscription won’t cancel your Account. See the Termination and Account Cancellation section below for information on canceling your Account. Please be aware that any fee or subscription plan is exclusive of all taxes. If we believe, in our sole discretion, that any Member of SHIMASU INC paid services are in breach of our Terms, or act outside of the letter or spirit of our Terms, we reserve the right to add limitations to your access to our service, up to and including terminating all access to (URL) In this case, the Member in question is not eligible for any refunds on any portion of their subscription payment.

Limitation of Use

You may use Sites for legal purposes only. Furthermore, you agree that, if a third party claims that any material you have contributed to a Site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although SHIMASU INC does not monitor the content of the Sites, SHIMASU INC has the right to remove material from the Sites, block access, or take other action with respect to the Material in its sole discretion, although SHIMASU INC is under no obligation to do so. You may not use SHIMASU INC computing resources or Sites to disseminate unsolicited advertising or promotional material of any kind.
You further agree that you will not email or post any of the following content anywhere on the Site, or on any other SHIMASU INC computing resources:
  • Content that defames or threatens others
  • Harassing statements or content that violates federal or state law
  • Content that discusses illegal activities with the intent to commit them
  • Content that infringes another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets
  • Material that contains obscene (i.e. pornographic) language or images
  • Advertising or any form of commercial solicitation
  • Advertising or any form of commercial solicitation

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Links To Other Sites

This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a NON-SHIMASU INC website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

Reserved rights; no violation of law or others’ rights

All rights in the Site and the Content that are not expressly granted are reserved. You agree to use the Site and the Content only in ways that comply with all applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone’s rights.

Copyright and other protection

The Site and the video material, audio material, text, images, graphics and other content available on the Site (collectively, the “Content”) are protected by copyright, trademark and other laws. We or others own the copyright and other rights in the Site and the Content. You may use the Site and the Content only in the manner and for the purposes specified in these Terms of Use.

Availability, Errors and Inaccuracies

The Sites may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct errors or omissions without prior notice. We also reserve the right to cancel any offered product or service in the event of an error or omission in the description, including price, unavailability or other reason.

Privacy policy

Your privacy is very important to us. Users of our website should refer to our privacy policy for information about how we collect and use personal information.

Intellectual Property

The Content we display on the Website is protected by copyright, trademark, patent, trade secret, database and other intellectual property rights, which is either owned by or licensed to us. We hereby grant you a limited, revocable, non-sublicensable licence to reproduce and display the SHIMASU INC Content (excluding any software code) solely for viewing and using the Website. You may not copy, reproduce, make available online or transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any of the SHIMASU INC Content without written permission from us or the owner of the intellectual property rights. The Agreement does not transfer to you any of our or the third party's intellectual property rights, and all rights, titles and interests in and to such property will remain (as between the parties) solely with us. Further, the SHIMASU INC logo, and all other trademarks, service marks, graphics and logos used in association with SHIMASU INC or on the Website are the trademarks or registered trademarks or other intellectual property rights of the Company or our licensors. Other trademarks, service marks, graphics and logos used in association with the Website may be the trademarks or other intellectual property rights of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of our or third party's trademarks, service marks, graphics and logos.

Trademarks

Nothing in these Terms of Use or on the Site will be construed as granting you any right or license to use any trademarks, service marks, or logos displayed on the Site. You agree not to use or register any name, logo, or insignia of SHIMASU INC or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by us.

Disclaimer of warranties

THE SITE AND THE CONTENT ARE PROVIDED “AS IS.”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR COLLABORATORS, LICENSORS, CONTENT PROVIDERS AND DISTRIBUTORS (COLLECTIVELY, OTHER THAN PROVIDERS OF USER CONTENT, OUR “COLLABORATORS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR COLLABORATORS MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY USER CONTENT OR CONTENT PROVIDED BY OTHERS. NEITHER WE NOR OUR COLLABORATORS WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

Limitation of Liability

YOU AGREE THAT SHIMASU INC WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE A SITE, OR TO YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE. IN PARTICULAR, SHIMASU INC WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE A SITE, OR ANY PURCHASES ON THIS SITE, OR YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
SHIMASU INC makes no representation regarding your ability to transmit and receive information from or through the Sites and you agree and acknowledge that your ability to access the Sites may be impaired.SHIMASU INC disclaims any and all liability resulting from or related to such events.

Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, all third parties printing, manufacturing and/or otherwise fulfilling the products you are selling via the website, their officers, directors, employees, agents and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:
  • your breach of any clause of this agreement;
  • any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
  • your activities in connection with the website.

Eligibility

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 18 years of age.

Non-Waiver

Failure by SHIMASU INC to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right.

Severability

If any provision of these Terms of Use is found to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions of these Terms of Use.

Copyright Complaints

SHIMASU INC respects the intellectual property rights of others. If you believe your copyright has been violated on a SHIMASU INC site, please give notice.Kindly direct all other communications concerning the Site to (EMAIL).

Miscellaneous

The Agreement, including these Terms and Conditions, shall constitute the entire agreement between we and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of the Company, or by the posting on the Website of a revised version. Except to the extent the applicable law, if any, provides otherwise, the Agreement, any access to or use of the Website will be governed by the laws of (COUNTRY), and the parties agree to submit to the non-exclusive jurisdiction of the (COUNTRY) courts. If any part of the Agreement is held invalid or unenforceable, it will be severed and the remaining portions will remain in full force and effect. A waiver by either party of any of these Terms or Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by the Agreement. We may assign our rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Changes

We may change these Terms of Use from time to time without advance notice. Your use of the Site or any of its content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. Accordingly, you should read these Terms of Use from time to time for any changes.

General

These Terms constitute the entire agreement between you and SHIMASU INC and its affiliates with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.