Terms & Use
1.INTRODUCTION AND ACCEPTANCE
Please read these terms of use (“Terms of Use”) carefully before using the website (“Website”), https://shirafuji.com/(hereinafter, "us", "we", “our” or "Shirafuji Sake").
By accessing or using this Website, you (a) represent that you are 21 years of age or older, (b) acknowledge and agree that you have read and understood the Terms of Use and Shirafuji Sake’s Privacy Policy, which is hereby incorporated into and made part of these Terms of Use by this reference, and (c) agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to access or use the Website.
2.WEBSITE ACCESS AND USE
１）When accessing our Website, including without limitation to the Website Content, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
２）Furthermore, except as expressly permitted in these Terms of Use, you may not:
a.remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on our Website and its Website Content;
b.circumvent, disable or otherwise interfere with security-related features of our Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of our Website or Website Content;
c.collect or harvest any personally identifiable information from our Website including, without limitation, user names, passwords, email addresses;
d.attempt to or interfere with the proper working of our Website or impair, overburden, or disable the same;
e.decompile, reverse engineer, or disassemble any portion of any of our Websites;
f.use network-monitoring software to determine architecture of or extract usage data from any of our Websites;
g.encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person's membership without permission, etc.); or
h.engage in any conduct that restricts or inhibits any other users from using or enjoying our Websites.
３）You agree to cooperate fully with Shirafuji Sake to investigate any suspected or actual activity that is in breach of these Terms of Use.
3.INTELLECTUAL PROPERTY
The full contents of this Website, https://shirafuji.com/, (and any derivative works or enhancements of the same), include but not limited to all text, graphics, photos, logos, button icons, images, auto clips, date compilations, illustrations, files, software, scripts, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") are subject to copyright protection and these intellectual property rights are owned by us. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Website are owned by us. You may not copy any contents of the Website other than for non-commercial individual reference retaining all copyright or any other proprietary notice, and thereafter the content may not be recopied, reproduced or redistributed. You shall not acquire any right, title or interest in our Websites or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved. You may not copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Shirafuji Sake, except as provided above.
4.USER CONTENT
１）We may now or in the future permit users to post, upload, transmit through, or otherwise make available on our Websites (collectively, "submit") messages, templates, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on our Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
２）You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
３）You represent, warrant, and covenant that you will not submit any User Content that:
a.violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
b.impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
c.encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
d.is an advertisement for goods or services or a solicitation of funds;
e.includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; or
f.contains a formula, instruction, or advice that could cause harm or injury.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Websites will not be permitted.
４）By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, in connection with our activities. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of any of our Websites and these Terms of Use.
５）By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User Content.
６）We reserve the right to display and use your User Content to promote our activities. You acknowledge and agree that your User Content may be included on the websites of our partners and third-party service providers.
７）We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
5.WEBSITE CONTENT & THIRD PARTY LINKS
１）We provide our Websites and Website Content to promote our activities. You may not rely on any information and opinions expressed on any of our Websites for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
２）In many instances, Website Content will include content posted by a third-party or will represent the opinions of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on our Website by anyone other than authorized persons within our organization.
３）If there is a dispute between persons accessing our Website or between persons accessing our Websites and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Shirafuji Sake and its officers, directors, employees, parents, spouses, partners, successors, agents, affiliates, and their related organizations from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
４）Our Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their websites.
6.REPRESENTATIONS AND WARRANTIES:
You acknowledge and agree that, by accessing or using the website, application or services or by downloading or posting any content from or on the website, via the application or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have made reservation. If you do not agree to these terms, then you have no right to access or use the website, application, services, or collective content. If you accept or agree to these terms, you represent and warrant that you have the authority to bind that company or other legal entity to these terms. Shirafuji Sakemay at any time modify, change or amend these terms of use. Your continued use of this website is conditioned upon the terms of use in force at the time of your use.
7.CONSUMER/USER ELIGIBILITY
Our services are available only to and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services or Products are not available to anybody under the age of 21 or persons who are pregnant. If you are under the age of 21, you cannot use our services. Persons under the age of 21 may not use our services to purchase our products/alcohol (“Products”) or make reservations at any of our property. Further, our Products may not be sold to any persons who allow another person under the age of 21 to use our services or consume our Products/alcohol at our property. If you are pregnant, we do not offer our Product at our property. If you are representing as a business entity/owner, (i.e. Travel Agency, Wholesaler, Group Coordinator, Hotel, or other Travel Services Vendor), you represent that you have the authority to bind the entity to this Agreement.
8.CONDITIONS ON PURCHASE
If you purchase our Products via this Website, you will be required to confirm that 1) you are not under the age of 21 and 2) you will not return the Products once they are shipped and accepted, unless they are damaged. If you are unable to confirm these conditions or decide to cancel an order placed, any amounts collected will be refunded to the applicable credit card and any pre-authorization of such credit card will be released. When we confirm an order you placed or confirm cancelation of an order, we send you an email or text message confirming such order or cancellation.
9.CREDIT CARD PROCESSING FEE AND SHIPPING FEES
Shirafuji Sake charges a credit card transaction fee to you based upon a percentage of applicable fees (“Processing Fess”), and shipping fees (“Shipping Fees”). The Processing Fees and Shipping Fees are added to the Products fees (“Product Fees”) to calculate the total fees, which will also include applicable taxes (“Total Fees”). Shirafuji Sake will collect the Total Fees at the time of order confirmation.
10.CANCELATION AND REFUND
If you cancel your order (“Order”) before the Products are shipped, we will cancel your Order and refund the Total Fees charged to your credit card. If you cancel your Order after the Products are shipped, we may charge you cancellation fees including the Shipping Fees incurred by Shirafuji Sake. Our ability to refund the Processing Fees, Shipping Fees, Product Fees and other amounts charged to your credit card will depend upon the status of shipping as described in Section 11 (Shipping) below. If you request a return or exchange of the Products after the Products are delivered and accepted, we cannot give you a refund or exchange the Products with other Products unless you present evidence showing the Products are damaged.
11.SHIPPING
All shipments of the Products shall be made FOB Shirafuji Sake and liability for loss or damage in transit, or thereafter, shall pass to Purchaser upon Shirafuji Sake’s delivery of Product to a common carrier for shipment. Shipping dates are approximate and are based, to a great extent, on prompt receipt by Shirafuji Sake of all necessary ordering information from Purchaser. Purchaser shall bear all costs of transportation and insurance and will promptly reimburse Shirafuji Sake if Shirafuji Sake prepays or otherwise pays for such expenses. Shirafuji Sake shall not be in default by reason of any failure in its performance under this Agreement if such failure results from, whether directly or indirectly, fire, explosion, strike, freight embargo, Act of God or of the public enemy, war, civil disturbance, act of any government, de jure or de facto, or agency or official thereof, material or labor shortage, transportation contingencies, unusually severe weather, default of any other manufacturer or a supplier or subcontractor, quarantine, restriction, epidemic, or catastrophe, lack of timely instructions or essential information from Purchaser, or otherwise arisen out of causes beyond the control of Shirafuji Sake. Nor shall Shirafuji Sake at any time be liable for any incidental, special or consequential damages.
12.DAMAGE TO PRODUCTS
You are responsible for your own acts and omissions. You are responsible for keeping the Products in the condition it was at the property of Shirafuji Sake to preserve the quality of the Products. You acknowledge and agree that the temperature of the Products will change the quality of the Products and the suggested temperature is ____, and Shirafuji Sake is not responsible for the quality degradation due to mishandling of the Products by you after they are shipped and accepted. In the event that you provide evidence of damage such as broken bottles or spoiled Products that may have occurred before the Products are delivered, Shirafuji Sake may replace the damaged items/Products with equivalent Products.
13.LIABILITY DISCLAIMERS
Except as expressly stated in an agreement between you and shirafuji sake, all content, services, products and software provided on this website are provided “as is” without warranty of any kind, either express or implied. The information Shirafuji Sake publishes on this website may include inaccuracies or errors including pricing errors. In particular, Shirafuji Sake does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the quality of the Products. Shirafuji expressly reserves the right to correct any pricing errors/changes on the Website or terminate access to the Website for any feature or part thereof at any time.
Shirafuji Sake and its suppliers and licensors disclaim all warranties, express or implied including, without limitation, those of merchantability, fitness for a particular purpose and noninfringement. You are solely responsible for the appropriateness of the site, its content, and the products and services offered by Shirafuji Sake on the Website for your intended application and use. Shirafuji Sake does not warrant that the Website, its content or the products and services it offers on the Website meet your requirements. Subject to the terms of any agreement between you and Shirafuji Sake, its suppliers and licensors shall not be liable for any direct, indirect, special, consequential, incidental, or punitive damages, even if Shirafuji Sake, its suppliers or licensors have been advised of the possibility of such damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
14.LIMITATION ON LIABILITY
Under no circumstances shall shirafuji sake or its officers, directors, employees, parents, spouses, partners, successors, or their related organizations be liable for indirect, incidental, special, consequential or exemplary damages (even if shirafuji sake has been advised of the possibility of such damages), arising out of, relating to, or in any way connected with use of our websites or terms of use, regardless of the theory of liability (including contract, tort, negligence, strict liability of otherwise) and regardless of any prior notice of such damages, except as a result of a party’s willful misconduct, and a breach of the confidentiality. Nothing in this section is intended to limit or restrict the indemnification rights or obligations of either party hereunder with respect to third party claims.
15.INDEMNIFICATION
You agree to indemnify and hold harmless Shirafuji Sake and its officers, directors, employees, parents, spouses, partners, successors, agents, and their related organizations from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of any of our Website; (ii) User Content provided by you or through use of your membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
16.APPLICABLE LAW AND JURISDICTION
These Terms will be interpreted in accordance with the laws of the State of Washington and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in Section 17 of the Dispute Resolution.
17.DISPUTE RESOLUTION
You and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of our services, Products or Website (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Attorney’s Fees. A prevailing party shall be entitled to an award of attorneys’ fees, expenses and costs, to the extent provided under applicable law.
18.AMENDMENT; ADDITIONAL TERMS
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Website or to modify these Terms of Use. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on our Websits or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and our Website from time to time for any changes. Your access and use of any our Website following any modification of these Terms of Use will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use, you may terminate your membership or/and discontinue use of our Website.
19.MISCELLANEOUS
１）No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
２）These Terms of Use (including the Privacy Policy) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.
３）You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. Shirafuji Sake may assign these Terms of Use or any rights hereunder without your consent and without notice.
20.CONTACT US:
If you have any questions about the Terms of Use or our business, you may contact us at https://shirafuji.com/contact/