Terms & Conditions
- 1. Introduction
White Ship, Inc. ("White Ship” “us” “we” “our”) owns and/or operates the website located at www.egaku.co ("Site"). These Terms & Conditions (“Terms”) apply to the use of the Site and services accessible through, or in connection with, the Site (collectively, the "Services") by users who have registered and been verified by White Ship (“User(s)”). These Terms are an agreement between you the User (“User” “you” “you”ou”ur”) and White Ship.
In the event there is a conflict between the Terms and explanations of the Services outside the Terms, the Terms supersede all other documents or understandings.
- 2. Definitions
- The following capitalized terms used herein shall have the following meanings:
“Site” means the “EGAKU” website （https://egaku.co/）operated by White Ship if for whatsoever reason the name, content, or URL are changed, this also applies to services after any changes.
“Services” means all services accessible through this website.
“User” means anyone who has sought to access the Services and agreed to the terms of service contained here and created an account following the authorized procedure.
“Account” refers to the right to access Services granted by the Company to users who have provided information with the purpose of using the Services.
“Password” refers to a string of words and numbers used to identify the user with their registered email address.
“Registered information,” means all the data provided by the User to White Ship in order to use the Services.
- 3. Agreement to Terms
- By using the Services, you agree to be bound by the Terms described herein.
- 4. Modification of Terms
We may modify the Terms at any time, in our sole discretion to reflect changes in the law or changes in Services. Unless stated otherwise by White Ship, the modified Terms will be effective as soon as they are posted on the Site.
- 5. Account
To use our Services, you must agree to the Terms and follow the instructions prescribed by White Ship to create an Account.
It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. This is to enable us to communicate important information about the Services reliably to you.
It is your responsibility to keep your Password for accessing the Services safe. You are solely responsible for any misuse of your login ID and password and any activities that occur under your Account and any resulting damages that may occur through misuse by third parties. White Ship will not be held liable.
If you wish to terminate your use of the Services, and give up your User rights you can request to terminate your Account by following the procedure stipulated by White Ship. Once your Account has been terminated, your access to the Services will be terminated.
We may suspend or terminate your Account or otherwise revoke your access to the Site at any time without prior notice, if we believe you have breached the Terms or may breach the Terms or for any other reason, in our sole discretion and without liability.
Your User rights pertaining to accessing Services will cease at the point your Account has been terminated for whatsoever reason. White Ship has no obligation to retain personal information, User content or any other data related to the User associated with terminated User Accounts. In the event you delete your Account by accident, the Account cannot be recovered.
The Account for the Services belongs solely to the User. The User is not permitted to assign, transfer or bequeath their rights for using the Services to third parties.
- 6. Privacy
- 7. User Rights
In the course of using our Services, you can only post or edit content such as text and images for which you own all the copyrights and intellectual property rights (including Article 27 and 28 of the Copyright Act. under Japanese law) or for which you have obtained the necessary authorization from the rights owners to use.
Regarding the content including postings or other transmitted content created by the User when using the Services, you hereby grant to White Ship all copyrights and associated intellectual property rights (including Article 27 and 28 of the Copyright Act. under Japanese law) and the User shall not without the Company’s permission do the following: copy, transfer, sub-contract, translate, modify, reprint, reproduce, publicly transmit (including actions rendering publicly transmittable), transmit, publish, publicly perform, distribute, use for commercial purposes.
- 8. Acceptable use policy
- When using the Services any actions determined by us to correspond to any of those listed below committed either willfully or through negligence is prohibited. If you use the Services in a manner that is inconsistent with our Acceptable use policy we may terminate your access to and use of the Services at our sole discretion, at any time and without notice to you. In such circumstances we are not obligated to respond to any questions or complaints with regard to Account termination.
Any behavior that violates or contributes to the violation of any local, state, national or international laws, rules or regulations; including behavior which is contrary to public order or morality.
Any behavior that violates or contributes to the violation of any third party rights, including but not limited to copyrights, trademark rights, patents, intellectual property rights, defamation, privacy rights or other legally or contractually binding rights.
Transmitting through the Site any data or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically, faith-based, gender-based or otherwise objectionable or which incite or promote suicide, self-harm, harmful activities or substances or other anti-social behavior which threatens or is considered unpleasant to others.
Any behavior, which involves impersonating any other person or entity, or intentionally distributing false information.
Sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content (excluding content approved by White Ship). Any behavior which uses the Services in a manner which diverges from the intended purpose of the Services including but not limited to behavior of a sexual or obscene nature, soliciting meetings or interactions with Users you have never met, harassing or slandering other Users.
Any behavior which profits or cooperates with anti-social forces.
Any behavior affiliated with promoting religious beliefs or faith-based organizations.
The unauthorized collection, disclosure or provision of other people’s personal information, Registration Information, User activity information etc.
Any behavior which involves: i) interfering with the server or network system related to the Services, ii) using BOTs or other automated methods or other technical methods to subversively or illegally manipulate the Services, iii) intentionally taking advantage of an interruption or disruption of the Services, iv) repeating the same question or enquiry beyond reasonable need, v) making wrongful or unreasonable enquiries or demands to White Ship, vi) any other behavior which hinders the operation of Services or interferes with other Users’ ability to use the Services.
Any behavior that encourage or enables any of the foregoing.
Any other actions which are determined by White Ship to constitute unacceptable behavior.
- 9. Rights
You use the Services at your own risk and you are solely responsible for all of your actions and results of your actions in your use of the Services.
In the event White Ship determines that your use of Services has violated the Terms, White Ship will take the appropriate measures. However, White Ship does not have the obligation to prevent or remedy the violations.
In the event that the User through their use of Services causes White Ship directly or indirectly any damages (including legal fees and costs), the User is liable to compensate White Ship at White Ship’s request.
In the event of a dispute between Users, the interested parties are solely responsible for its resolution. In the event the dispute causes damages to White Ship, other Users, or other third parties, the interested parties are personally responsible for compensating for the damages incurred. If your actions result in a third party claiming damages against White Ship, you are responsible for resolving the dispute at your own expense. In the event that White Ship ends up paying damages to the said third party, you are liable for compensating White Ship for the damages for an amount including but not limited to the entire sum of damages paid.
- 10. Violation of Terms & Conditions
If you use the Services in a manner that violates the Terms, we reserve the right to take the following measures without notifying you. You will not object to the measures taken by us in these circumstances.
We may seek deletion or correction of registration information or posted information.
We may delete all or a portion of, change the public viewing settings, or render invisible registered information or posted information.
We may terminate the use of Services and withdraw your User rights.
White Ship is not liable for or responsible for any losses incurred by the User as a result of measures outlined in herewith.
- 11. Disclaimer
White Ship makes no representations or warranties that the Services will be free of faults (including in terms of safety, accuracy, completeness, effectiveness, suitability for a specific purpose, security, errors and bugs, infringement of rights etc.).
White Ship has no obligations to the User to provide the Services and is not liable for any damages incurred through accessing the Site or from inability to access or use the site for any reason whatsoever.
11.3 White Ship makes no representations or warranties regarding recommendations or information either communicated verbally or in writing, whether obtained directly from White Ship or through the use of the Services outside what is stated in the Terms.
- 12. Termination
We may modify or suspend all or a part of the Services, at our sole discretion, at any time and without notice to you. This may occur in the below circumstances:
(1) Critical inspection or maintenance works necessary for the continued provision of the Services;
(2) Unavoidable technical reasons related to the operations;
(3) Outages due to an accident impacting the operating infrastructure (computers, communication channels);
(4) Under force majeure – earthquakes, lighting, fire, power outage, natural disasters which have rendered us unable to operate the Services;
(5) Other situations in which White Ship has determined the need to suspend or interrupt Services.
White Ship assumes no liability or responsibility for any losses or damages incurred by Users or prospective users with respect to 12.1.
- 13. Separability
- If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable due to a conflict with the Consumer Contract Act under Japanese law or other laws or ordinances, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- 14. Dispute Resolution
- These Terms and any actions related thereto will be governed by the laws of Japan. The Tokyo District Court shall have exclusive primary jurisdiction with respect to all disputes arising between the User and White Ship.