Terms of Use
(Last modified: May 1, 2023)
These Terms of Use govern the use of www.shinnyoen.org (the “Website”). By using this Website, you are entering into a legally binding agreement with Shinnyo‑en and its subsidiaries, associates and officers (collectively referred to as “Shinnyo‑en”). The Website operates to introduce the teachings of and activities of Shinnyo‑en and support self-development (the “Services”). You can subscribe to receive newsletters via email. For the purposes of this Terms of Use, “you” shall mean any user of the Website, whether you access and/or utilize the Services or not. This website is hosted on Amazon Web Services (AWS). The newsletters will be delivered on Mailchimp. The name and email address that you register when you subscribe for the newsletter will be stored at the data center in the USA for Mailchimp. You can unsubscribe from here and your data will be deleted. This service uses Google Analytics which does not store your IP address when you access the Website but will convert the IP address as your city, country or region.
General
Access to and use of this Website and the Services available through this Website are subject to the following terms, conditions and notices (the "Terms of use"). By using this Website, you indicate your unconditional acceptance of these Terms of Use. We reserve the right, in our sole discretion, to update or revise these Terms of Use. The continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
You warrant and represent that you have attained the age of majority in your country, or, if you are younger than the age of majority in your country, that you possess legal, parental or guardian consent, and are fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
Data Protection Policy
By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate. Read our Data Protection Policy, which sets out how we will use your information.
Prohibitions
You may not use this Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Shinnyo-En or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Website to transmit via or through the Website any information, data, text, images, files, links, or software except in connection with your authorized use of this Website or otherwise in response to specific requests for information by us; Introduce to the Website or any other computer or website viruses, worms, Trojan horses and/or harmful codes; Obtain unauthorized access to any computer system; Impersonate any other person, including but not limited to, a registered user of this Website or an employee or administrator of Shinnyo-En; Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; Misrepresent the identity of a user or use a false e-mail address; Tamper with or obtain access to this Website or any component of this Website; Conduct fraudulent activities; Collect or harvest information regarding other users of the Website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
Intellectual Property
The content on the Website including (but not limited to) the text, software, scripts, graphics, photographs, sounds, music, videos, interactive features and the like (collectively, the "Content"), the trade dress of the Website and any and all trademarks, service marks and logos contained therein (collectively, the "Marks"), are owned by or licensed to Shinnyo‑en and/or Shinnyo‑en’s related entities, and subject to copyright and other intellectual property rights under Japan and foreign laws and international conventions acceded to by Japan.
Nothing contained on the Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use, copy or imitate any Marks without the prior written consent of the relevant owner. We reserve all rights not expressly granted in and to the Marks.
Newsletter Subscription
By subscription, your information and agreeing to our Terms of Use, you consent to Shinnyo‑en’s collection, use, and disclosure of your personal data to parties such as Shinnyo‑en’s employees, service providers, vendors, and systems for purposes of delivering newsletters, and to notify you of any changes to our policies or services which may affect you; and informing you of new developments, services of Shinnyo‑en and other appointed partners which we are associated with.
Terms of Access to Content and Availability
By accessing content on this Website, you agree to be subjected to the following terms and conditions.
The Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Limitation of Liability
In no event shall Shinnyo‑en, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the site or any information contained thereon or stored or maintained by Shinnyo‑en, whether based upon warranty, contract, tort, or otherwise, even if Shinnyo‑en has been advised of or should have known of the possibility of such damages or losses. Without limiting the foregoing, in no event shall Shinnyo‑en, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of Shinnyo‑en.
You hereby acknowledge that the preceding paragraph shall apply to all Content, Products and services available through the Website. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
Indemnity
You agree to indemnify, defend and hold harmless Shinnyo‑en, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Use.
Variation
Shinnyo‑en shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Links to Third-Party Websites; No Implied Endorsements.
This Website may contain links to other websites on the Internet. You acknowledge that we have no control over such web sites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third-party, third-party website or third-party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
No Agency
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Terms of Use. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between Shinnyo‑en and any user or merchant.
Notices
Except as explicitly stated otherwise, any legal notices shall be served on Shinnyo‑en via registered mail to Director, International Affairs Department, 935-27, Izumi-cho, Tachikawa, Tokyo, 190-0015 (in the case of Shinnyo‑en) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
Applicable Law and Jurisdiction
By visiting this Website, you agree that the laws of Japan, without regard to principles of conflict of laws, will govern this Terms of Use and any dispute of any sort that might arise between you and Shinnyo‑en.
Any dispute arising out or in connection with this Terms of Use, including any question regarding its existence or validity, shall be referred to and finally resolved by arbitration in The Japan International Dispute Resolution Center (JIDRC) in Tokyo, Japan in accordance with The United Nations Commission on International Trade Law (UNCITRAL) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one (1) arbitrator to be appointed by the Chairman of JIDRC. The language of the arbitration shall be English.