Terms of Use
Updated December 2, 2012
Objectives/Terms:
The Shiroube.com web site ("Site") is a searching platform which enables the users who agree to abide by the following acceptable conduct terms to post or search advertisements regarding tourist guide services. User's right to use the Site is governed by these Terms of Use ("Terms") and User should take the time to review both carefully before User uses the Site. By using the Site in any way, User is agreeing to comply with these Terms.
The Site reserves the right to change the Terms at any time and for any reason. Updated versions of the Terms will be posted to the Site at Shiroube.com and User should visit this page periodically to keep apprised of any changes. By continuing to use the Site after any such change, User accepts and agrees to the modified Terms. The Site reserves the right to modify or discontinue, temporarily or permanently, the Site, any site features, benefits (including without limitation blocking or terminating Guide's account), all without notice, even though such changes may affect the way User uses the Site. User agrees that the Site will not be liable to User or any third-party for any modification or discontinuance of the Site.
Definitions:
In these Terms, unless the context otherwise requires, the following terms shall have the following meanings:
Guide: Any person who holds or intends to hold an account as a guide on the Site.
Tourist: Any person who uses or accesses to the Site, for any purpose or reason, other than Guide.
User: Guide and Tourist, collectively.
Advertisement: Any advertisement posted by Guide on the Site.
Guiding Service: Service to be provided by a Guide which will lead or direct Tourist in his way or course, as in a strange land and exhibits points of interest to Tourist.
TERMS APPLICABLE TO GUIDES：
Posting Profiles and Advertisements:
Guide may post Advertisement on the Site only for the purpose of advertising the Guide Service to be provided by such Guide among the Tourists who visits the Site. Guide must not provide any profiles or Advertisements which are untruthful, incorrect or misleading. Guide must provide profiles and Advertisement in English only.
Guide's Conduct:
Guide is prohibited from the following conducts;
1. Inappropriate Contents and Repeated Advertisement
Posting advertising or solicitation in categories that is not appropriate, or posting the same item or service in more than one category or more than once every 2 days, or posting the same Advertisement in multiple cities on the Site;
2. Adult Contents
(a) Posting adult content or explicit adult material;
(b) Posting, anywhere on the Site, obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts, as determined in the sole discretion of Shiroube.com;
(c) Posting any solicitation directly or indirectly for any illegal service exchanging sexual favors for money or other valuable consideration;
(d) Posting any material on the Site that exploits minors in any way; or
(e) Posting any material on the Site that in any way constitutes or assists in human trafficking.
3. Posting any ad, use or sale of which is prohibited by any law or regulation;
4. Sending mail, e-mail, voice messages or faxes for solicitation of any other product, or service to a User of the Site unless the User has granted permission or otherwise allowed contact for solicitation;
5. Deleting or revising any material posted by any other Guide;
6. Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
7. Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Site unless expressly permitted by the Site;
8. Taking any action creating a disproportionately large usage load on the Site unless expressly permitted by the Site:
9. Sending messages or engaging in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;
10. Gaining or attempting to gain unauthorized access to non-public areas of the Site. In addition, if User has a password to a non-public area of the Site, User may not disclose to, or share user password, with any third parties and/or use user's password for unauthorized purposes;
11. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Site, its content or information available from the Site without the express written consent of agents of the Site;
12. Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, regional origin, or refers to such matters in any manner prohibited by any law or regulation;
13. Using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity;
14. Posting Advertisements which links to any internet site outside the Site;
15. Posting any Advertisement which solicits the Tourist to contact such Guide or any other person by any means other than using the contact form provided by the Site for such purpose; and
16. Posting any material advertising weapons the use, carrying, or advertising of which is prohibited by any applicable law.
Fee:
Guide must pay the Site the fee in advance of posting Advertisement in the amount separately designated by the Site.
No Refund:
The Site does not offer any refunds or credits for cancellation by the Guide of Advertisement for any reason whether such cancellation was made before or after the Advertisement was shown on the Site. Under no circumstances will the Site provide a refund in the event that Content is removed from the Site due to violation of these Terms.
TERMS APPLICABLE TO TOURISTS:
Contacting Guides:
Tourist may contact Guide only for the purpose of requesting such Guide to provide such Tourist with the Guide Service or inquire such Guide regarding the Guiding Service which the Guide posted Advertisement of.
Using Contact Form:
Tourist may not contact Guide by any means other than using the contact form provided by the Site.
TERMS APPLICABLE TO ALL USERS:
Shiroube.Com is a Venue:
The Site is a searching platform for enabling the connection among Tourist and Guide. The Site does not take part in the interaction between Tourist and Guide and therefore is not responsible for any loss or damage incurred by any User arising out of or in consequence of using the Site including but not limited to any communication or interaction between Tourist and Guide or any tourism or activity which Tourist or Guide participates in.
Compliance of Applicable Laws:
User agrees to comply with all applicable laws, statutes, regulations, and ordinances concerning User's use of the Site.
Eligibility:
User must be 21 or over in order to be a User of this Site. Any Guide's account is void where prohibited. By using and/or viewing this site, User represents and warrants that User has the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions, that User is at least 21 years old, and that User is not prohibited by law from using the Site.
Use of Materials:
Any Advertisements or messages that User posts, transmits, or otherwise makes available for viewing on public areas of the Site will be treated as non-confidential and non-proprietary to User. User understands and agrees that any such Advertisements and messages may be used by the Site or the Site's affiliates, without review or approval by User, for any purpose whatsoever, and in any medium, including our print media, if any. User grants the Site (and the Site's affiliates) the irrevocable right to use and/or edit User's Advertisements and messages, without review or approval by User, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to User.
Guide's profile and Advertisement may be searchable by members registered to other networks operated and "powered by" Shiroube.com ("Shiroube Networks"), e.g. co-branded, privately labeled, etc. This feature may allow User to interact with additional members of Shiroube Networks websites.
Guide's profile and Advertisement may be (i) searchable by third-party publicly available search engines and (ii) presented on, communicated through or disseminated by any third-party websites or other internet technologies.
Termination of Access:
The Site has the right to terminate User's access and/or Guide's account for any reason including but not limited to the instances where Shiroube.com believes User has violated these Terms in any manner. User agrees not to hold the Site liable for such termination, and further agrees not to attempt to use the Site after termination.
No Third Party Beneficiaries:
User agrees that, except as otherwise provided in these Terms, there shall be no third party beneficiaries to these Terms.
Copyright and Trademarks:
All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Site or owned by other parties who have posted on the Site. Materials from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
In posting content on the Site, User grants the Site, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content.
Privacy Policy:
The Site has created a Privacy Policy setting forth how information collected about User is collected, used and stored. User's use of the Site constitutes acknowledgment and agreement with our privacy policy. User further acknowledges and agrees that The Site may use User's personal information in the manner described in our Privacy Policy.
Contact to Users for Commercial Purpose:
User understands that each time Guide posts an Advertisement on this Site or otherwise uses the Site or Tourist uses contact form on the Site, User agrees to these Terms. By agreeing to these Terms, User acknowledges that the Site may send User e-mail messages telling User about products and services offered by the Site (or its affiliates and partners). User understands and agrees that such communications are part and parcel of User's registration for and use of the Site; if User do not wish to receive further communications from the Site (or its affiliates and partners), User must cancel User's registration by sending a cancellation notice to 
Links:
The Site has no control over and is not responsible for the content of or claims made on websites that may be linked to or from the Site, whether or not they may be affiliated with the Site. Any websites linked to or from the Site are for User's convenience only, and User accesses them at User's own risk.
Release:
The Site assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Site. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on the Site is the responsibility of the person or persons posting the message. Any user who violates the Terms may be permanently banned from posting Advertisements or using the Site. User understands that all postings, Advertisements, messages, advertisements, photos, sounds, images, text, files, video or other materials (collectively "Content") posted on, transmitted through, or linked from the Site, are solely the responsibility of the person from whom such Content originated. User understands that the Site does not control, and is not responsible for Content available on the Site. User agrees that the Site does not pre-screen, monitor or approve any Content, but that the Site shall have the right, but not the obligation to remove, move (including moving an Advertisement or posting to another section or category within the classifieds), refuse, edit or delete any Content for any reason whatsoever. The Site shall not be responsible for any interaction between User and the other users of the Site. User's dealings with others through the Site are solely between User and such other parties. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Site is under no obligation to become involved in any disputes between User and other Users of the Site or between User and any other third parties.
User agrees that our service is a venue for posters and users of the Site. In the event that User has a dispute with any user of the Site, User agrees that the Site is under no obligation to become involved. User further agrees to release the Site from any and all claims, demands, and damages arising out of or in connection with such dispute.
Guide is entirely responsible and liable for any Advertisement or profile Guide posts or any Advertisement that is posted through Guide's Account.
User acknowledges, consents and agrees that the Site may access, preserve and disclose Guide's account information and Advertisement User posts on the Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by any competent legal authorities; (iii) enforce these Terms; (iv) respond to claims that any Advertisement violates the rights of third parties; (v) respond to User's requests for customer service; or (vi) protect the rights, property or personal safety of the Site, its Users and the public.
User Conduct:
Without limitation, User agrees to refrain from the following actions while using the Site:
1. Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using the Site;
2. Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
Disclaimer of Warranties for Site:
USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S OWN RISK. THE SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE ADVERTISEMENT OR THE GUIDE'S PROFILES. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT ITS POSTINGS OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.
Limitation of Liability:
The information, services and products available to User on this Site may contain errors and are subject to periods of interruption. The Site cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use or interrupted use of the Site.
IN NO EVENT SHALL THE SITE OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY "INDEMNIFIED PARTIES") BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITE, (ii) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, OR (iii) ANY INTERACTION BETWEEN USER AND OTHER PARTICIPANTS OF THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER ACCEPTS ALL RESPONSIBILITY FOR, AND HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY USER OR BY ANY PERSON AUTHORIZED TO USE GUIDE'S ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SITE, USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING USER'S USE OF THE SITE OR PARTICIPATION IN ANY SITE'S ACTIVITIES.
IF USER IS DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, USER'S ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
User waives any rights User may have under any law to the effect that general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
Indemnity:
User agrees to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Site, any communication made by such User with other Users whether using the form provided by the Site or not, any service provided as a guide or any action taken as a tourist by such User, the violation of these Terms by User, or the infringement by User, or other users of the Site using User's computer, of any intellectual property or other right of any person or entity. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.
Jurisdiction and Choice of Law:
These Terms shall be governed by, construed and enforced in accordance with the laws of Japan without regard to its choice of law provisions. Any action User or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only in the Tokyo District Court located in Tokyo, Japan and User expressly consents to the jurisdiction of said courts.
General:
These Terms constitute the entire agreement between User and the Site and govern User's use of the Site, superseding any prior agreements between User and the Site. User also may be subject to additional terms and conditions that may apply when User uses affiliate services, third-party content or third-party software, or visit another site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Violations:
Please report any violations of these Terms to:
Severance and Waiver:
User acknowledges and agrees that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
The Site's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.