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ShipExchange General Terms of Use

 

 

General Rules

 

 These terms (Hereby referred to as the "Terms of Use" or "This Document") constitute an agreement with Ship Exchange Ltd.” (Hereby referred to as "ShipExchange"), its mobile app (Hereby referred to as "ShipExchange App") and all concerned, in relation to ShipExchange ID and all ShipExchange provided services (Hereby referred to as "Our Service(s)" or "ShipExchange Service(s)"), to make our operation methods more clear and efficient.
 Those wishing to register to use Our Service(s), consent to the terms within This Document when applying to register a user ID (Hereby referred to as "User ID" or “ShipExchange ID”) to use Our Service(s). Those registered to use a ShipExchange ID (Hereby referred to as "Member(s)"), or all those (including Member(s) who potentially use any of Our Service(s) (Hereby referred to as "User(s)") consent to holding full liability.
 User(s) and Member(s) agree to the Terms of Use and the terms of use for each service upon using Our Service(s).

 

 

Fundamental Guidelines

 

1. Privacy Policy

 

Please refer here to see our Privacy Policy

 

 

2. Using Our Service(s).

 

2.1. ShipExchange ID Application and Consent

A ShipExchange ID application constitutes ShipExchange lending a User ID and password, necessary for use of Our Service(s). However, in the event that information supplied by User(s) during application contains falsehoods, or in the event that ShipExchange concludes that a use of ShipExchange ID is inappropriate, ShipExchange retains the right to cancel any ShipExchange ID of Member(s). ShipExchange is not obligated to notify the Member(s) about the cancellation.

  

2.2. Notice and Contact

ShipExchange will notify User(s) about necessary information, in a matter ShipExchange considers appropriate, including through ShipExchange's website or e-mail etc. In this case, ShipExchange may use the information submitted by User(s) (including information provided by third-party service with consent of User(s)). When such notices are sent by email or over our website, they may come into effect from the point they were sent. User(s) do not retain any right to refuse emails from ShipExchange, and User(s) are obligated to inform us of any change in contact email address, immediately. User(s) acknowledge that ShipExchange does not accept contact by phone, fax or visitation. All notices which require replies must be replied to within specified period by ShipExchange. If ShipExchange does not receive a confirmed reply within this period, ShipExchange retains the right to freeze and/or cancel account(s) of User(s).

 

2.3. Registered E-mail Address, User ID and Password
User(s) are held fully responsible for their registered email addresses, User IDs and passwords. By applying, User(s) agree that ShipExchange cannot be held accountable for any loss or damage caused by User(s) and/or ShipExchange, and/or improper use by a third party. Furthermore, ShipExchange is not obligated to reissue  email addresses, User IDs or passwords of User(s).

 

2.4. Transfer/Sale of Service Privileges
User(s) are in no way permitted to sell, transfer or loan their ShipExchange ID and/or service privileges to a third party without expressed approval from ShipExchange, nor may these be shared.

 

2.5. Access
All User(s) are required to have Internet access in order to use ShipExchange Service(s). This Internet access will need to be installed and maintained by User(s) at their own expense. ShipExchange is in no way responsible for arranging Internet access for User(s).

 

2.6. Traffic and Domain
ShipExchange retains the right to set and alter limitations to file sizes, savable domain space, and data transfer on its services, where otherwise undefined, and may do so at our own discretion.

 

2.7. User Content
Member(s) retain copyright and other privileges for all original, accessible information and creations on ShipExchange Service(s) that they themselves create (Hereby referred to as "User Content" or "Content"). All User Content may be modified, edited, translated, published, performed, presented, promoted, distributed or used for any other reason, by ShipExchange unconditionally. This is essential for the continual running of ShipExchange Service(s). User(s) consent to this.

 

2.8. Third Party Contents
User(s) and/or Member(s) may use, trade or download software from third party individual or business services when using Our Service(s). In this case the User(s) must have permission or an agreement with the third party, separate from This Document. This Document has no legal affect on said separate agreement.

 

 

3. Pay-for-use Services and ShipExchange Points

 

User(s) who use ShipExchange Pay-for-use Services (Hereby also referred to as "Premium Service(s)") and/or make any payment in Our Service(s) including purchasing ShipExchange Points, agree to the "ShipExchange Point Terms of Use" (also referred to as the "ShipExchange Premium Services Terms of Use").

 

 

4. Prohibited Conduct and Bans

 

4.1. ShipExchange expressly prohibits the following conduct, or any corresponding conduct as determined by ShipExchange, on Our Service(s). ShipExchange retains the right to ban, without warning, any User(s) who have engaged in prohibited acts or conduct, or take any possible form of legal action; and may demand compensation or reparations from any User(s) who caused any form of damage to ShipExchange or a third party.

 

Please refer here to see our Copyright Guideline.

 

4.1.1. Violations of the Terms of Use.

4.1.2. Breaching the trust of, or defaming other User(s) or third parties. Infringing others' privacy rights, image rights etc.

4.1.3. Infringing on industrial property rights (patents, trademarks etc.), copyright, trade secrets and/or intellectual property rights of other User(s) and/or third parties.

4.1.4. Uploading or posting unlawful content, and/or supporting or encouraging illegal activity including but not limited to causing injury, theft, suicide, the use and/or sales of illicit substances as well as acts that encourage, solicit or suggest the use and/or sales of drugs.

4.1.5. Maintaining content which violates local, regional, national, or international law; in particular that which violates English law, US law, Korean law and/or Japanese law.

4.1.6. Depictions and/or conduct that go against public order or are immoral. Publishing and/or releasing vulgarities, in the form of video, audio, image, text etc. against other User(s) and/or third parties; or assisting in such an act.

4.1.7. Hindering, interfering with, disturbing or blocking the use of Our Service(s) to other User(s), or engaging in conduct or performing actions which cause difficulty for others; or assisting in such an act.

4.1.8. Engaging in discrimination against individuals, specific groups, government organizations, nations, products, political administrations, beliefs, ideas, ideologies, race, religion, ethnicity, gender etc. ; or engaging in slander or libel or any similar act that causes defamation to others; or assisting in such an act.

4.1.9. Claiming to be another individual, business or organization, regardless of whether or not such an entity actually exists; and/or falsely claiming to be partners and/or in collaboration with an organization or business; or other such acts.

4.1.10. Impersonating ShipExchange, content providers or management, or any other third party.

4.1.11. Publishing or posting defamatory content or information which could potentially lead to damages to ShipExchange or ShipExchange's business partner(s).

4.1.12. Acting in such a way as to place burden on ShipExchange's server(s); disrupting, damaging, limiting or interfering with ShipExchange's or others' computer software, hardware capabilities etc. or assisting in such an act.

4.1.13. Posting the same, or similar, post or comment repeatedly. Spamming and/or trolling or other such acts.

4.1.14. Engaging in conduct which is detrimental to the healthy development of, or causes harm to minors (e.g. sending or posting violent images or text of child pornography, child prostitution, bestiality, or violence), or anything that promotes or assists such conduct.

4.1.15. Giving advanced notice of crimes or of actions leading to crime, or posting threatening information which can be viewed by an unspecified number of people.

4.1.16. Using Our Service(s) as a medium to do illegal business or commit conduct that runs counter to the law.

4.1.17. Engaging in malignant business practices, our excessive solicitation to advertisements or religion.

4.1.18. Establishing or recruiting people into pyramid schemes or other similar acts.

4.1.19. Selling or attempting to sell Our Service(s) to a third party.

4.1.20. Using, registering or upgrading mass amounts of software or programs, causing high access, and preventing Our Service(s) from operating as intended.

4.1.21. Wanton collecting, video recording, duplicating, falsifying, distributing and/or displaying of contents and/or data acquired from Our Service(s) or the use, introduction or suggesting of tools or other means that may promote or encourage these acts.

4.1.22. Inappropriate use or registration of multiple accounts or other conduct that prevents the stable operation of Our Service(s).

4.1.23. Engaging in conduct that is detrimental to ShipExchange through misappropriate use and/or conducting prohibited actions by taking advantage of bugs, system malfunction etc.

4.1.24. Acting by deleting or concealing ShipExchange's advertising space, or altering the position, color, size, code or other such properties of advertisements.

4.1.25. Engaging in any other action which ShipExchange deems to be inappropriate.

 

4.2. User(s) and Member(s) are forbidden to publish or post any prohibited kind of content such as text, image, music, video etc. Even in the event that such data is set as private or limited in its exposure settings, applicable data is considered a violation the moment it arrives on ShipExchange Server(s).

 

4.3. ShipExchange retains the right to deem what counts as a violation.

 

4.4. Precautions when using Premium Service(s) and/or ShipExchange Points

Member(s) who have been deemed to have violated the Terms of Use and have their accounts frozen or canceled, will also have their contracts canceled. Even if this occurs before a contract is due to finish, requests for refunds of remaining money will not be valid. ShipExchange Points that are held by User(s) shall not be refunded.

 

 

5. Limitation of Liability

 

ShipExchange takes absolutely no responsibility for any of the following.

 

5.1. ShipExchange is in no way liable or responsible for content that User(s) create themselves on Our Service(s). User(s) retain full statutory liability, including any and all court costs or damage payments due to their User Content. Also, content violating laws and/or regulations, as well as violating others' privacy or intellectual property rights; or libelous, defamatory or intimidatory content; and/or immoral or obscene content is the full responsibility of the User(s) to delete swiftly. ShipExchange does not take responsibility for any User Content, and is not responsible to User(s) or third parties whatsoever.

 

5.2. ShipExchange also does not guarantee the continuation of any of Our Service(s) whatsoever. ShipExchange retains the right to discontinue any or all of Our Service(s) without forewarning, or to convert previously free services into Premium Service(s). ShipExchange also retains the right to deny use, without forewarning, in particular cases. The same applies to third parties providing contents through Our Service(s). Please use Our Service(s) with a full understanding of the Terms of Use.

 

5.3. ShipExchange cannot be held accountable for any trouble you experience by use of Our Service(s). User(s) are responsible for managing their content. As such, if User(s) are in anyway harmed or experience damage or loss due to another User Content, ShipExchange is in no way responsible for compensation. This is especially true for User(s) engaged in business, who are obligated to explicitly specify the contractual relationship between themselves and other User(s). All Users engaged in business, using ShipExchange Service(s), must attempt to prevent or resolve any potential or resulting issues between themselves and others.

 

5.4. ShipExchange is not obligated to monitor or delete User Content. User(s) retain all responsibility for all their Content. ShipExchange is not accountable for any damage or loss caused to User(s) or third parties due to any such Content.

 

5.5. In such cases where one of User(s) is harming or causing damage to other User(s) and/or third parties; ShipExchange retains the right to, and shall not be held liable for, deleting and/or freezing the applicable User ID and/or Contents, without forewarning, and at ShipExchange's own discretion.

 

5.6. ShipExchange shall not be held responsible for any loss of data due to system failure or file corruption etc. User(s) shall take their own backup of data relating to User Content. ShipExchange shall not guarantee the integrity and security for any User Content data, in any way.

 

5.7. ShipExchange will not disclose any personal information that Member(s) and User(s) present us, such as your email addresses, first names, last names, company names, company addresses, position/titles, phone numbers, fax numbers, business experiences  etc. (Hereby referred to as "Personal Information") to third parties who are not  Member(s) or  User(s) without the consent of the User(s). However, in the following cases ShipExchange retains the right to disclose Personal Information to third parties..

 

5.7.1. Public institutions such as courts or the police, lawfully appeal for an inquiry.
5.7.2. There appears to be imminent danger to a person's life, physical wellbeing, and/or property; and ShipExchange finds an urgent need to disclose the information.
5.7.3. The sharing or disclosure of information is found to be necessary by ShipExchange, in order to provide desired service(s).
5.7.4. ShipExchange finds it necessary to disclose the information to other company(s) working with us, to better provide service(s) to User(s). (Such companies may not use Users' Personal Information, that ShipExchange provides them, in anyway that exceeds what is necessary to reach the intention stated above.)
5.7.5. ShipExchange finds it necessary to disclose such information in order to protect ShipExchange's legal rights, property and/or service(s); due to actions or conduct conducted by User(s) or Member(s) in violation of these Terms of Use.
5.7.6. ShipExchange finds it necessary to disclose such information in order to protect a third party's legal rights, property and/or service(s); due to actions or conduct conducted by User(s) or Member(s) in violation of these Terms of Use which violated the third party's legal rights, property and/or service(s).
5.7.7. ShipExchange finds it necessary to disclose such information in order to restore or prevent a reduction in ShipExchange's SEO, Service Quality etc.; due to actions or conduct conducted by  User(s) or Member(s).

 

5.8. ShipExchange accepts no responsibility for any damage or losses incurred to User(s) accessing external links posted on content of Our Service(s) or in a User Content. All User(s) must acknowledge that ShipExchange cannot be held accountable for the security, validity, integrity or accuracy of the information on any external sites.

 

5.9. In the case that User(s) create merchandise and/or other salable Content on Our Service(s) which violates the Terms of Use, ShipExchange takes no responsibility for the freezing of the offending User Content or the refunding of money to purchasers.

 

5.10. ShipExchange takes no responsibility for any damages or losses incurred from User(s) using Our Service(s), User(s) not being able to use Our Service(s) or User(s) not using Our Service(s).

 

5.11. Our Service(s) are managed and provided by ShipExchange from equipment within Japan. ShipExchange makes no assertion to the appropriateness or usability of Our Service(s) in regards to their use in regions outside Japan. In the event that User(s) accesse from another legal jurisdiction, shall do so on their own volition, and be totally responsible for legal compliance of their place of access.

 

 

6. Withdrawal

 

6.1. User(s) can terminate using ShipExchange Service(s) and withdraw from ShipExchange membership in accordance with the Terms of Use in the way ShipExchange specified.

 

6.2. When you delete ShipExchange ID, you will lose any and all rights such as to use all ShipExchange Service(s) including getting prizes in campaigns by ShipExchange.

 

6.3. Your ShipExchange Points will become invalid when you delete ShipExchange ID and, ShipExchange is unable to support any refunds or converting of ShipExchange Points.

 

6.4. ShipExchange shall not support any reinstatement of any of Our Service(s) after cancellation of the ShipExchange Service(s).

 

 

7. These Terms of Use

 

7.1. This Document is the original version of the Terms of Use (the English version). All User(s) agree and acknowledge that the original version is legally binding.

 

7.2. In the case there is any difference or a contradiction between This Document and the translated version if any, the original version will be given priority.

 

 

8. Discontinuation of ShipExchange Service(s)

 

8.1. ShipExchange retains the right to modify Our Service(s) without forewarning User(s).
 
8.2. ShipExchange may also, due to maintenance, system restoration, power failure, natural disaster or any other Force Majeure; permanently or temporarily discontinue any number of Our Service(s). In such cases, we will attempt to notify User(s) beforehand; but in emergencies we may not be able to.

 

8.3. ShipExchange retains the right to modify Service(s), or partially or completely discontinue Our Service(s) at ShipExchange's discretion, at any time ShipExchange deems appropriate. When or after Our Service(s) are discontinued or erased, ShipExchange retains the right to deem whether or not to erase all posted data on ShipExchange servers (or third party servers used by ShipExchange).

 

8.4. ShipExchange is not liable to any User(s), and is not responsible for any damages or losses incurred due to the discontinuation of Our Service(s) for any reason.

 

 

9. Guarantee Limitations

 

ShipExchange will always try as hard as possible to maintain stability in Our Service(s), business practices, use and effects of use. However, ShipExchange does not guarantee any of the following.

 

9.1. Continual operation. Operation of Our Service(s) without interruption.

 

9.2. Total or complete recovery or restoration of any of Our Service(s) that experiences a defect or bug.

 

9.3. That destructive and/or malicious components such as computer viruses do not exist within Our Service(s).

 

9.4. Provision of security methods to secure against the above 3 items.

 

 

10. Force Majeure

 

ShipExchange cannot be held accountable for not meeting, or being delayed in fulfilling it's obligations in the Terms of Use, including but not limited to, cases of natural disasters, inaction by authorities, fire, strike, flood, pandemic, violence, acts of war or other such circumstances which are reasonably beyond the powers of ShipExchange to control.

 

 

11. Disputes

 

11.1. Japanese Law is applied to these Terms of Use.

 

11.2. Any disputes resulting from the use of Our Service(s), will be resolved through arbitrary proceedings recognized by Japan.

 

11.3. If a resolution cannot be made through arbitration, Tokyo District Court receives exclusive jurisdiction rights.

 

11.4. The parties concerned are responsible for their own legal costs in court and arbitration.

 

11.5. If any clauses in This Document are found to be invalid, or otherwise non-binding, by a court; all other clauses will still remain as valid and binding.

 

 

12. Advertising

 

12.1. All business relating to placing advertising on Our Service(s) is the responsibility of User(s) and corresponding advertisers. ShipExchange holds no responsibility for any losses or damages suffered, due to the posting of advertising on Our Service(s).

 

12.2. ShipExchange may modify advertising space, position and/or display duration without forewarning. User(s) agree to and acknowledge this.

 

 

13. Revision of our Terms of Use

 

13.1. ShipExchange retains the right to alter or revise the Terms of Use at any time, as ShipExchange deems necessary, without the consent of User(s).

 

13.2. New stipulations in a revised Terms of Use will come into effect immediately after the Terms of Use have been posted onto the web.

 

13.3. The latest version of the Terms of Use shall be deemed to have been agreed to while ShipExchange Service(s) are still being used.

 

 

14. Refunds and Returns Policy

 

14.1. As for charge to use Our Service(s) and payment, you are to follow regulations fixed by these terms of use or those fixed for each of Premium Service(s).

 

14.2. You are to bear commission, tax or lump-sum payment for each of Premium Service(s).

 

14.3. When the payment for the initial registration or renewal is not made until the specified date, we consider that you do not intend to register or renew your membership and will terminate the contract.

 

14.4. Even if we cannot collect a charge from a card company or its agency, you must agree to make a payment charged by us.

 

14.5. When you approve billing to the credit card you specified, (we receive advance payment from a credit card company), we consider that you accept not only the billing you approved but also all the billing form Premium Service(s) you use (until the User(s) cancels Premium Service(s) and the cancellation procedure is completed) as long as the credit card is valid. In order to use a credit card, you must agree to this clause.

 

14.6. We may revise charges or contents of Our Service(s) without approval of User(s). And also the revised charges will be applied when you renew your contract(s) of service(s).

 

14.7. When you do not make a payment until the specified date provided by these terms of use and each service, you must pay a late payment charge fixed by ShipExchange.

 

14.8. Payment must be made by the method we specify. When you make a payment by other methods or when losses are caused by it, we are not liable for them.

 

14.9. User(s) agree to the fact that they cannot shorten the contract period of Our Service(s).

 

14.10. No requests for refunds, after purchasing ShipExchange Points or agreeing to use Our Service(s), will be valid under any circumstances.

 

14.11. User(s) shall not have any right to request refunds to ShipExchange, even if terms of validity of Premium Service(s) are still remained, in any case including the case that ShipExchange delete  ShipExchange ID of User(s) on its own judgement that the User(s) don’t use Our Service(s) properly in accordance with This Document, the case that  User(s) cancel their ShipExchange ID and/or Premium Service(s) by themselves and the case that ShipExchange terminate Our Service(s) by its own reason and/or decision.

 

14.12. In the event of a request for chargeback from a credit card company, the corresponding account shall be suspended.

 

 


 

 

ShipExchange BBS Terms of Use

 

 

This "ShipExchange BBS Terms of Use" (Hereby also referred to as the "ShipExchange BBS Terms of Use") constitute a part of the Terms of Use. The ShipExchange BBS Terms of Use, the Terms of Use and the ShipExchange Payment Terms of Use, ShipExchange Premium Service Terms of Use and ShipExchange Point Terms of Use apply to the use of the ShipExchange BBS; BBS for sharing information about Newbuilding, S&P, Chartering, Freight, Engineering, Insurance, Finance, Others etc. and private BBS for each of the Member(s) named as Lounges.

 

ShipExchange BBS is one of Premium Service(s) which registered Member(s) who made and completed required payments in accordance with ShipExchange’s payment instruction including price and method (Hereby also referred to as "Premium Member(s)") can use. Premium Member(s) shall choose monthly subscription or annual subscription at the payments. These monthly or annual subscription contracts shall be automatically renewed on each expiry date. These subscription contracts can be canceled before the automatic renewal of the contracts on the next expiry date by the Member(s) in anytime. If the Member(s) cancel the subscription or the ShipExchange ID, the premium membership to use ShipExchange BBS shall be terminated and the Member(s) have no right to request any refund or compensation for any unused portion even in the case the Member(s) still have remaining period of the premium membership.

 

Some of User(s) who are allowed by ShipExchange to post on, view, visit or use some parts of the ShipExchange BBS are not required to register as Member(s) or Premium Member(s). However, all User(s) (i.e. All parties who post on, view, visit or use ShipExchange BBS) are required to acknowledge and agree to the Terms of Use. Any User(s) who do not acknowledge and agree to the Terms of Use may not use the ShipExchange BBS in any way.

 

 

1. Private Information

 

1.1. The ShipExchange BBS complies with the ShipExchange Privacy Policy when managing and protecting Private Information of User(s).

 

1.2. However, ShipExchange does not guarantee that the ShipExchange BBS is a completely safe internet communication tool. All User(s) must acknowledge that, regardless of our Privacy Policy, ShipExchange cannot guarantee the confidentiality of posts and data on our ShipExchange BBS. All User(s) understand and acknowledge this risk when using Our Service(s).

 


2. Prohibited Conduct and Bans

 

2.1. User(s) may not engage in any conduct or commit any acts prohibited by the “Fundamental Guidelines” in the Terms of Use, or any corresponding suspected act. User(s) are also prohibited from any of the following activity.

2.1.1. Publishing, posting, or releasing falsehoods or anything that could potentially be misunderstood.
2.2.2. Posting, publishing or releasing third parties' private Personal Information, such as names, addresses, email addresses, phone numbers etc. ; or any other act which infringes on a third party's privacy.
2.2.3. Engaging in conduct which may infringe on third parties' image rights.
2.2.4. Posting anywhere other than the allocated areas.
2.2.5. Using ShipExchange BBS similarly to a "Chat" service.
2.2.6. Distributing spam, chainmail, or other such data that places heavy strain on ShipExchange's communications network. Any conduct which could potentially cause heavy strain on ShipExchange's communications network.
2.2.7. Acts that ShipExchange judges majority of User(s) deem as inappropriate or deviant.
2.2.8. In addition to the aforementioned items, any conduct or act that ShipExchange deems to be undesirable, or cause inconvenience to a large number of other User(s).
2.2.9. Engaging in any other action which ShipExchange deems to be inappropriate conduct as a ShipExchange BBS user.

 

2.2. ShipExchange has rights to take all legal measures or procedures to an offender of the prohibited acts in the guideline and the prohibited acts in the term 2.1 of the ShipExchange BBS Terms of Use. ShipExchange retains the right to take all measures or procedures against User(s) who violate the “Fundamental Guidelines” in the Terms of Use or Article 2.1 of the ShipExchange BBS Terms of Use.

 

2.3. Whether or not a conduct or omission of User(s) counts as a violation is the right of ShipExchange to decide.

 

2.4. ShipExchange cannot be held responsible to User(s) for the deletion and/or erasure of posts etc. which violate the ShipExchange BBS Terms of Use or the “Fundamental Guidelines” in the Terms of Use.

 


3. Technology Laws

 

User(s) are required to follow their respective nations' laws regarding the export of technology when communicating technical information to people from other nations.

 


4. Canceling the Service

 

4.1. When User(s) wishe to cancel use of the ShipExchange BBS Service, they may delete the premium membership of the ShipExchange BBS from the ShipExchange ID management screen.

 

4.2. User(s) relinquish all rights they had using the ShipExchange BBS once they cancel the ShipExchange BBS.

 


5. Authors' rights and Copyright.

 

Generally, copyright of all data created and posted onto a ShipExchange BBS f (or anywhere else on Our Service(s)), becomes the property of the posting User(s). The other User(s) may not repost, reuse or rework content taken without the copyright holder's consent.

 


6. Amendments to the ShipExchange BBS Terms of Use

 

All User(s) of ShipExchange BBS acknowledge and accept any and all amendments, changes and revisions to the ShipExchange BBS Terms of Use as they occur.

 

 

 


 

 

ShipExchange Payment Terms of Use,

ShipExchange Premium Service Terms of Use and

ShipExchange Point Terms of Use

 

 

Please refer here to see our Privacy Policy.

 

The "ShipExchange Payment Terms of Use, ShipExchange Premium Service Terms of Use and ShipExchange Point Terms of Use" (Hereby also referred to as "ShipExchange Payment Terms of Use, ShipExchange Premium Service Terms of Use and ShipExchange Point Terms of Use") are a part of the ShipExchange Terms of Use. When you make any payment within a service that includes purchasing ShipExchange Points, both the ShipExchange Payment Terms of Use, ShipExchange Premium Service Terms of Use and ShipExchange Point Terms of Use and the "Fundamental Guideline" in the Terms of Use will be applied. Rights and duties to ShipExchange Service(s) and privilege arise when ShipExchange or its business partner ("Partner") settles accounts with you after you apply for  premium membership or privilege provided by each of Premium Service(s).

 


1. Charges and Payment

 

1.1. As for charge to use Premium Service(s) and payment, you are to follow regulations fixed by these terms of use or those fixed for each of Premium Service(s).

 

1.2. You are to bear commission, tax or lump-sum payment for each pay service.

 

1.3. When the payment for the initial registration or renewal is not made until the specified date, we consider that you do not intend to register or renew your membership and will terminate the contract.

 

1.4. Even if we cannot collect a charge from a card company or its agency, you must agree to make a payment charged by us.

 

1.5. When you approve billing to the credit card you specified, (we receive advance payment from a credit card company), we consider that you accept not only the billing you approved but also all the billing form Premium Service(s) you use (until the User(s) cancel Premium Service(s) and the cancellation procedure is completed) as long as the credit card is valid. In order to use a credit card, you must agree to this clause.

 

1.6. We may revise charges or contents of Our Service(s) without approval of User(s). And also the revised charges will be applied when you renew your contract(s) of service(s).

 

1.7. When you do not make a payment until the specified date provided by these terms of use and each service you must pay a late payment charge fixed by ShipExchange.

 

1.8. Payment must be made by the method we specify. ShipExchange shall not be liable for any payments made via a method not specified, nor for any losses are caused by such payments, them.

 

1.9. User(s) agree to the fact that they cannot shorten the contract period of Premium Service(s).
 
1.10. No requests for refunds, after purchasing ShipExchange Points or agreeing to use Premium Service(s), will be valid under any circumstances.

 

1.11. User(s) shall not have any right to request refunds to ShipExchange, even if terms of validity of Premium Service(s) are still remained, in any case including the case that ShipExchange delete  ShipExchange ID of User(s) on its own judgement that the User(s) don’t use Our Service(s) properly in accordance with This Document, the case that  User(s) cancel their ShipExchange ID and/or Premium Service(s) by themselves and the case that ShipExchange terminate Our Service(s) by its own reason and/or decision.

 

1.12. In the event of a request for chargeback from a credit card company, the corresponding account shall be suspended.

 


2. ShipExchange Points

 

ShipExchange Points are offered via a system that presents constant added value. In other words, they make it possible for Member(s) to receive the added value provided by ShipExchange.

2.1. According to provisions separately shown on each ShipExchange site, you can use your ShipExchange Points to make payments for some of Premium Service(s) which allows the use of ShipExchange Points.
2.2. The  purchase of ShipExchange Points must be done by the method we specify. When you make a payment by other methods and some losses are caused by it, we are not liable for them.
2.3. ShipExchange Points must be used the way we specify and cannot be used for other purposes.
2.4. You can only purchase consumable ShipExchange Points. We neither cash them nor refund as cash.

 


3. Validity of ShipExchange Points

 

3.1. When the upper limit of ShipExchange Points you can own and the terms of validity are not stated, you must agree that they can be specified at our sole discretion.

 

3.2. ShipExchange Points are valid only while you use the ShipExchange ID.

 

3.3. ShipExchange Points do not guarantee that you will be able to use ShipExchange Service(s) or privilege forever. In the event that the contents of services, privilege or systems is changed or discontinued, ShipExchange does not guarantee User(s) will be able to use their own ShipExchange Points.

 

3.4. The user ShipExchange Points status offered by ShipExchange (balance, date of use, service(s) you use or others) is not proof that ShipExchange is entitling User(s) to use Our Service(s) or any privelege in any way.

 

3.5. Previleges presented by any partners are offered according to their own terms.

 


4. ShipExchange Points obtained from Sponsored Sites

 

User(s) will be able to obtain ShipExchange Points, when meet the registration requirements by the sponsored sites

 

4.1. ShipExchange specifies a ShipExchange Points content and duration for each sponsered site registration requirements.

 

4.2. ShipExchange and sponsored sites judges if User(s) will be allowed to obtain ShipExchange Points or not.

 

4.3. The ShipExchange Point s cannot be transferred or added up among different ShipExchange IDs.

 

4.4. ShipExchange will not be liable for damages caused bysponsored sites.

 

4.5. ShipExchange retains the right to modify your ShipExchange Points if you obtained them by an error caused by such as maintenance, system restoration, power failure, natural disaster or any other Force Majeure.

 

4.6. When you obtain or use ShipExchange Points by acts of dishonesty, all of your ShipExchange Points will become invalid, and your use or purchase of ShipExchange Points will be limited.

 

4.7. ShipExchange Points will not be added when sponsored sites do not approve for some reason. ShipExchange is not responsible to explain the reason in such case.

 


5. Prohibited Conduct

 

ShipExchange retains the right to take any measure or procedure against User(s) that commits prohibited conduct, including suspending accounts or making ShipExchange Points invalid. Whether or not a conduct of User(s) corresponds to prohibited conduct is at the full discretion of ShipExchange. In the event that ShipExchange or a third party suffers damages due to prohibited conduct, the User(s) shall be responsible for reimbursement.

 

ShipExchange prohibits the any of the following conduct or any action suspected to correspond to the following conduct.

 

5.1. Any conduct that corresponds or is suspected to be a violation of the "Fundamental Guidelines" in the Terms of Use.

 

5.2. Obtaining ShipExchange Points in a matter not specified by ShipExchange.

 

5.3. Transferring, sharing, lending, borrowing or combining ShipExchange Points with others or across multiple ID's, in a matter not specified by ShipExchange.

 

5.4. Receiving ShipExchange Points from another in a matter not specified by ShipExchange, or allowing others to purchase ShipExchange Points.

 


6. Invalidity/Lapse/Cancellation of ShipExchange Points

 

ShipExchange Points may be made invalid without notice in the following cases. In the event that anything suspicious is detected, ShipExchange may impose restrictions on use, purchase and exchange of ShipExchange Points. Invalid ShipExchange Points cannot be returned or exchanged.

 

6.1. In the event of anything illegal or dishonest.

 

6.2. In the event of a violation of these terms of use or other ShipExchange rules.

 

6.3. In the event of an account suspension.

 

6.4. In the event of obtaining ShipExchange Points by dishonest means.

 

6.5. In the event of withdrawing from ShipExchange Service(s).

 

6.6. In the event of that ShipExchange deems it is appropriate to revoke ShipExchange Points User(s) obtained. 

 

6.7. In the event of failure of maintenance and/or system restoration even if it is caused by ShipExchange, power failure, natural disaster or any other Force Majeure.  

 

 


 

 

ShipExchange SNS Terms of Use

 

 

This "ShipExchange SNS Terms of Use" (Hereby also referred to as "ShipExchange SNS Terms of Use") constitute a part of the Terms of Use. The ShipExchange SNS Terms of Use  and the Terms of Use apply to the use of the ShipExchange SNS; Address Book, Voice/Video Call, Messenger, Business Blog, Activity Feed etc..

 


1. About the Service

 

The ShipExchange SNS provides User(s) a place to communicate with other User(s) through data (text, image etc.) transmission.

 

ShipExchange is not obligated to monitor conduct of User(s) on the ShipExchange SNS, but ShipExchange reserves the right to monitor at any time.

 


2. User Provisions

 

User(s) acknowledge and agree to ShipExchange SNS Terms of Use and the Terms of Use when using the ShipExchange SNS. In order to qualify to use the ShipExchange SNS, User(s) must reach the following requirements.

 

2.1. User(s) must have read the Terms of Use and observe its stipulations.

 

2.2. User(s) must not include falsehoods when applying for the ShipExchange SNS.

 

2.3. User(s) must not include falsehoods in any data or information provided to ShipExchange from the beginning of use.

 

2.4. User(s) must have never been banned from ShipExchange before.

 

2.5. User(s) must be planning on maintaining a healthy and courteous relationship with ShipExchange.

 


3. Prohibited Conduct and Bans

 

User(s) may not engage in any conduct or commit any acts prohibited by the “Fundamental Guidelines” in the Terms of Use, or any corresponding suspected act. User(s) are also prohibited from any of the following activity.

 

3.1. Using the ShipExchange SNS as a dating service.

 

3.2. Inviting violating User(s) or User(s) who were previously banned from ShipExchange.

 

3.3. Indiscriminately sending other User(s) messages and/or invitations, requesting them to be friends or leave footprints on pages.

 

3.4. Engaging in any other action which ShipExchange deems to be inappropriate conduct as a ShipExchange SNS user.

 


4. Canceling the Service

 

4.1. When User(s) wishes to cancel use of the ShipExchange SNS, they may delete the ShipExchange ID so from the ShipExchange ID management screen.

 

4.2. User(s) relinquish responsibility under the ShipExchange SNS Terms of Use, only once said User(s) have completed the process of service discontinuation.

 


5. Amendments to the ShipExchange SNS Terms of Use

 

All User(s) of ShipExchange SNS acknowledge and accept any and all amendments, changes and revisions to ShipExchange SNS Terms of Use as they occur.

 

 


 

 

ShipExchange Copyright

 

 

1. Copyright

 

Copyright is a legal right given to authors or creators of original works including literature, music, paintings, films and photos in order to control uses of their works.

Authors or copyright holders have certain excusive rights to protect their works.

 

"To control uses of work" means that a copyright holder retains the rights to copy, modify or transfer their own works.

For example, if a picture is uploaded and shared on the Internet without the copyright holder's permission, the uploader's act is violating the copyright.

 

Copyright is the exclusive right and its holders can specify who, where and how to use their works.

 

The following examples show you some copyrightable contents:

* TV programs

* Films and the trailers

* Music and the lyrics

* Advertisements

* Texts in books and magazines

* Photos and images

 

 

2. Copyright Infringement

 

'Copyright Infringement' happens when someone or something infringes a copyright holder's right to control uses of their works. For example, a person who does not have the copyright copies, distributes, performs, discloses the copyrighted material or creates any derivation of it without permission of copyright holder.

 

Any and all copyright infringement are strictly prohibited on ShipExchange Service(s).

ShipExchange can be contacted at the following Email Address; "support@shipexchange.net".

ShipExchange will try to removes the content when we receive an appropriate claim from a copyright holder as soon as possible, if the uploader does not have the copyright.

ShipExchange can respond to a copyright infringement notice in a more timely manner if it is recorded in the main text of an e-mail as opposed to being sent as a PDF file.

ShipExchange retains the right to terminate accounts of User(s) without any prior notice when the User(s) upload any copyright infringing content.

In the event that ShipExchange or any third party sustains damages from such prohibited act, the uploader and the User(s) in question will be responsible for satisfying the claim.

Remaining money will not be refunded when ShipExchange terminates accounts of User(s) due to such acts.

 

 

3. To avoid infringing on Copyright

 

To avoid copyright infringement, User(s) should use a material with the appropriate copyright permission before using, or should use contents that the User(s) themselves have created.

User(s) don't need to concern about copyright infringement when uses their own original works or you may also use copyright-free materials.

You must also check "Prohibited Conduct and Bans" in General Rules to see the other prohibited matters and comply with these terms.

 

 


 

 

ShipExchange Privacy Policy

 

 

1. Privacy Policy

 

The Privacy Policy applies during the full duration of use of Our Service(s).

The personal information collected from User(s) will be managed according to our privacy policy.

This Privacy Policy does not apply to individuals or firms who do not directly use ShipExchange Service(s).

 

 

2. Use of Information

 

The personal information we request from User(s) is limited to the minimum necessary.

Information, including IP addresses, cookies, visited pages, devices, etc. are automatically received from the  browser or app of User(s) and saved onto our servers.

ShipExchange may use the information for the following reasons.

1. In order to improve Our Service(s).

2. In order offer new services and correct information to User(s).

3. To contact User(s) if needed.

4. In order to provide better conditions for User(s).

 

 

3. Personal Information

 

ShipExchange will never sell or lend out personal information acquired from User(s).

 

However, the personal information of User(s) provided at the registration of the ShipExchange ID like email addresses, first names, last names, company names, company addresses, position/titles, phone numbers, fax numbers, business experiences etc. is to be shared with all of the other Member(s). 

 

In addition, ShipExchange may release personal information for the following reasons.

1. When requested by official facilities such as court or the police.

2. If there are any life threatening reasons or emergency situations.

3. When required to provide service(s) to User(s).

4. When companies entrusted by ShipExchange require the information in order to provide service(s) to User(s).(These companies are not allowed to use the personal information for any other purposes.)

5. When its considered necessary in order to protect ShipExchange 's rights and/or assets against User(s) violations of the Terms of Use.

 

When User(s) use ShipExchange App, ShipExchange App may accesse the contacts in the mobile devices of the User(s) (Hereby referred to as "Contacts") and upload names and email addresses of the Contacts to the server of ShipExchange to find the User(s) who use the names or email addresses in the Contacts as the ShipExchange ID or user names (Hereby referred to as "Friends") for our Service(s). User(s) can automatically find the Friends and follow the activities in ShipExchange of the Friends, and send ShipExchange's invitation emails to the email addresses in the Contacts which have not been registered as the ShipExchange ID yet.

 

 

4. Security

 

For security reasons, ShipExchange requires password access to all ShipExchange user information.

 

 

5. Amendments to the Privacy Policy

 

ShipExchange retains the right to amend and/or alter the Privacy Policy in part or full.