Terms of Service
Last Updated: November 2016 PLEASE READ THIS DOCUMENT CAREFULLY. SHINSHURI Foundation including the SHINSHURI Leadership Portal, RITMO™ Experience, and Business Philanthropy™ (“SHINSHURI,” “we,” or “us”) offers a social learning, media, and content distribution sharing platform and community through its websites located at Shinshuri.com (the “SHINSHURI Site”) and related domains (including Leadership.Shinshuri.com, and RITMO.Shinshuri.com), mobile applications, desktop applications, and PC television applications (collectively, the “SHINSHURI Services”). By registering as a member or by using SHINSHURI Services in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and SHINSHURI. If you do not wish to be bound by this Agreement, do not use SHINSHURI Services.
1. Who May Use the SHINSHURI Services
AGE REQUIREMENT: You must be at least 13 years old to use the SHINSHURI Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the SHINSHURI Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the SHINSHURI Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the SHINSHURI Service. If your child is using the SHINSHURI Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the SHINSHURI Service is appropriate for your child, please review our Frequently Asked Questions or contact us.
WARNING: Even if you are old enough to use the SHINSHURI Service and/or have your parent’s or guardian’s permission, some of the content available within the SHINSHURI Service may not be appropriate for you. We provide content of a general nature in science, engineering, technology, arts, and spirituality. Some of our content may be for a mature audience. We do not publish “R-rated” material such as nudity, profanity or other mature subject matter. If you are under 18, please do not view or listen to content that may be offensive or inappropriate for you.
2. License to Use SHINSHURI Services
LICENSE: SHINSHURI grants you a limited, non-exclusive license to access and use the SHINSHURI Service for your own personal, non-commercial purposes. This includes the right to view content available on the SHINSHURI Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the SHINSHURI Service for commercial purposes unless:
- You are a Affiliate or Instructor user, in which case you may use and access the SHINSHURI Service for commercial and non-commercial purposes, subject to compliance with the SHINSHURI Guidelines; or
- You are a small-scale independent production company, non-profit, or artist, in which case you may use the SHINSHURI Service to showcase or promote your own creative works.
RESTRICTIONS: Except as expressly permitted by SHINSHURI in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the SHINSHURI Service. Nor will you take any measures to interfere with or damage the SHINSHURI Service. All rights not expressly granted by SHINSHURI are reserved.
MOBILE APP: Your use of the SHINSHURI Service through one of our mobile applications is also subject to our Mobile App Addendum.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
4. SHINSHURI Memberships
REGISTRATION: To fully use SHINSHURI Services, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to SHINSHURI and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the SHINSHURI Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. RITMO™ Retreats
LIMITATION AND LIABILITY: Please read carefully. Signing up for this program represents acceptance of the following terms and conditions. Shinshuri Foundation is not liable for loss or damage to baggage or property or for personal injury or death resulting from acts, omissions or negligence of any provider of services or accommodations or due to any other causes beyond the control of Shinshuri Foundation, or for the loss or additional expenses or inconvenience due to acts or omissions of any carrier or any other supplier of services or facilities caused by weather or for any other reason or by change of schedule or any other causes. Participants waive all claims against Shinshuri Foundation arising there from. Shinshuri Foundation reserves that right to substitute leaders and to alter the itinerary when deemed necessary or advisable.
MEDIA RELEASE AND OTHER: Photographs, video footage, and testimonials obtained during this program may be shared with program participants and/or used in collateral materials for future educational purposes including, digital video archives, commercials, and training and certification programs. Unless otherwise noted, your signature below serves as permission for Shinshuri Foundation to use photos, videos, comments, and any digital media content in which you may be featured. By signing up for this program, you give permission to share your info with others registered in current and future cohorts strictly for purposes noted herein.
CANCELLATION POLICY: Should you cancel your registration, your non-refundable $500 deposit is retained. Any additional tuition/lodging funds not due to resort for room may be used towards a future Shinshuri Foundation programs as a credit. This cancellation policy applies to land packages only. You are advised to purchase travel insurance to protect your travel investment.
TRAVELING WITH CHILDREN: Children under 10 years of age may not participate in the RITMO™ Practice with adults. Parents must provide adequate day care or supervision for their children during RITMO™ Practice and quiet group and personal reflection sessions. Children are not to be left unattended or allowed to be disruptive. Children may participate in cultural immersion activities with parental supervision. Parents assume responsibility for their children’s health and safety.
Note: The word Parent means and includes legal guardian, caregiver, grandparent, custodian, uncle, aunt, sibling, or any participant with a child traveling with them.
6. Subscriptions and Purchases
SHINSHURI Memberships: In addition to offering Basic (free) memberships, we offer Personal Leadership, Business Development, Business Philanthropy, and RITMO™ Experience subscriptions. Please see our subscription pages for Personal Leadership, Business Development, Business Philanthropy, and RITMO™ Experience plan pricing. Features and prices are subject to change. We also offer instructor, affiliate marketing, and video hosting features and packages. SHINSHURI Members who wish to obtain additional services may submit a request. Visit our Be an Instructor page, Be an Affiliate Page, or our Pro-Vision TV page to purchase additional services. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.
CANCELLATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by SHINSHURI. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. SHINSHURI reserves the right to deny subscriptions, renewals, and other purchases for any reason.
END OF SUBSCRIPTION: When a SHINSHURI Membership subscription ends, the account automatically becomes a Basic (free) account and SHINSHURI may disable access to or delete any content to comply with Basic account limits. When a custom subscription ends, the account and its content will be deleted if the subscription is not renewed.
OTHER PURCHASES: Purchases of other products and services through the SHINSHURI Service are subject to our Payment Addendum and to other terms and conditions that are presented to you at the time of purchase.
7. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the SHINSHURI Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the SHINSHURI Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: SHINSHURI may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if SHINSHURI determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage SHINSHURI’s reputation and goodwill. If SHINSHURI deletes your account for the foregoing reasons, you may not re-register for the SHINSHURI Service. SHINSHURI may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by SHINSHURI will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. SHINSHURI shall not be responsible for the loss of such content.
8. Affiliate Terms
9. Instructor Terms
10. Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
- Violates any law.
All content you submit (including video, audio, documents, graphics) must also comply with the SHINSHURI Guidelines, which are incorporated into this Agreement.
11. Code of Conduct
In using the SHINSHURI Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the SHINSHURI Site (unless you are an official SHINSHURI partner or advertiser and have a written agreement with SHINSHURI).
SHINSHURI has the right, but not the obligation, to monitor all conduct on and content submitted to the SHINSHURI Service.
12. Licenses Granted to You
12.1 Video LICENSE TO SHINSHURI: As between you and SHINSHURI, you own any content (“video”) that you submit to the SHINSHURI Service. By submitting content, you grant SHINSHURI and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the SHINSHURI Service; (ii) displaying the video on third party websites and applications through embed technology or SHINSHURI’s API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your media content privacy choices; (iii) promoting the SHINSHURI Service, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
VIDEO LICENSE TO OTHER USERS: You further grant all users of the SHINSHURI Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF VIDEO LICENSES: The above licenses will continue unless and until you remove your videos from the SHINSHURI Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that SHINSHURI has no control over such caching.
12.2 Non-video Content As between you and SHINSHURI, you own all non-video content that you submit to the SHINSHURI Service. You grant SHINSHURI and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called “moral rights” in your non-video content. You further grant all users of the SHINSHURI Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to SHINSHURI on improving or adding new features to the SHINSHURI Service, SHINSHURI shall have the right to use your suggestions without any compensation to you.
13. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to SHINSHURI and grant the licenses set forth above; (ii) SHINSHURI will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless SHINSHURI and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the SHINSHURI Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to SHINSHURI violates any law or infringes any third party right, including any intellectual property or privacy right.
15. Third Party Copyrights and Other Rights
SHINSHURI respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at legal[at]SHINSHURI[dot]com.
Review our copyright law notice for more information.
SHINSHURI reserves the right to modify the SHINSHURI Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the SHINSHURI Service. SHINSHURI has no obligation to screen or monitor any content and does not guarantee that any content available on the SHINSHURI Service complies with this Agreement or is suitable for all users. SHINSHURI provides the SHINSHURI Service on an “as is” and “as available” basis. You therefore use the SHINSHURI Service at your own risk. SHINSHURI expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, SHINSHURI makes no representations or warranties:
- That the SHINSHURI Service will be permitted in your jurisdiction;
- That the SHINSHURI Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party’s use of content that you submit;
- That any content you submit will be made available on the SHINSHURI Service or will be stored by SHINSHURI;
- That the SHINSHURI Service will meet your business or professional needs;
- That SHINSHURI will continue to support any particular feature of the SHINSHURI Service; or
- Concerning sites and resources outside of the SHINSHURI Service, even if linked to from the SHINSHURI Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the SHINSHURI Service, and no warranties shall apply after such period.
17. Limitation of Liability
To the fullest extent permitted by law: (i) SHINSHURI shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) SHINSHURI’s total liability to you shall not exceed the amounts paid by you to SHINSHURI over the twelve (12) months preceding your claim(s).
18. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the SHINSHURI Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) – (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. SHINSHURI is not the primary producer of the visual content contained in the SHINSHURI Service.
19. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the SHINSHURI Service must be commenced in the state or federal courts located in Sacramento County, California, United States of America (and you consent to the jurisdiction of those courts). In any such action, SHINSHURI and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by SHINSHURI in exercising any right hereunder will waive any further exercise of that right. SHINSHURI’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without SHINSHURI’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from SHINSHURI electronically. SHINSHURI may provide all such communications by email or by posting them on the SHINSHURI Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to SHINSHURI at legal[at]SHINSHURI[dot]com or the following address:
SHINSHURI Foundation, FPC P.O. Box 292721 Sacramento, CA 95829 Attention: Legal Department
Nothing herein shall limit SHINSHURI’s right to object to subpoenas, claims, or other demands. MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by SHINSHURI on the SHINSHURI Site or a written amendment signed by an authorized representative of SHINSHURI. A revised Terms of Service will be effective as of the date it is posted on the SHINSHURI Site. ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
- SHINSHURI Guidelines
- Mobile App Addendum
- Payment Addendum
- Copyright and DMCA Policy
This Agreement constitutes the entire understanding between SHINSHURI and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this Agreement does not govern any use of SHINSHURI’s application protocol interface (API), which is governed by our API Agreement.
END OF DOCUMENT. Have a nice day.