Please read the following terms of use carefully, and use the "SHIMA SEIKI Users' Site" only upon agreeing with the terms herein.

In using any service involving samples or seminars, or any technical service with respect to the SHIMA SEIKI Users' site (the "Users' Site") or anything incidental thereto (collectively the "Services"), please accept in advance the terms prescribed below by SHIMA SEIKI MFG., LTD. ("SHIMA SEIKI ") in the "SHIMA SEIKI Users' Site Terms of Use" (the "Terms of Use").
The user's consent and acceptance of these Terms of Use is a prerequisite for SHIMA SEIKI's permitting the use of the Services by the relevant user. Provisions of the Terms of Use shall apply when the user uses the Services. If the user breaches any part of these Terms of Use, SHIMA SEIKI may refuse the use of the Services by the relevant user from that point onward without notice. Even in such a case, any fee paid by the user will not be returned and SHIMA SEIKI will not compensate for damages.
If the user is a minor (under the age of 20), etc., and has limited capacity for his/her actions, he/she shall obtain the consent of his/her statutory agent (a guardian, person with parental authority, etc.) before consenting to and accepting these Terms of Use.

1.

Any provision or rule pertaining to its use presented via the official Internet website operated by SHIMA SEIKI (URL: https://www.shimaseiki.com), or any related website, email, etc., shall form a part of these Terms of Use.

2.

If any provision or rule of use (mentioned above) contradicts a provision in these Terms of Use regarding the same matter, the provision herein shall prevail.

3.

SHIMA SEIKI may change these Terms of Use in accordance with Article 548-8 of the Civil Code. Upon any use of the Services after any such change, a user will be deemed to have consented to the revised Terms of Use. When SHIMA SEIKI changes of these Terms of Use, SHIMA SEIKI will notify the user of the change of these Terms of Use, the contents of these Terms of Use and the time when it will take effect before two months at SHIMA SEIKI's head office and via SHIMA SEIKI's official website.

4.

If a user does not accept the contents after the change mentioned in the previous paragraph, he/she may terminate the contract to use the Services by submitting a cancellation application form specified by the SHIMA SEIKI to the SHIMA SEIKI one month before or by the other methods specified by the SHIMA SEIKI. In such case, please cease to use the Services immediately. Even in such a case, regardless of the reason therefor, any fee, etc., paid by or incur by the user in relation to the Services will not be returned.

5.

These Terms of Use will come into force on April 1, 2011 and may be changed from time to time.

1.

In order to use the Services, users are required to access SHIMA SEIKI's designated server (the "Users' Site Server") via the Internet.

2.

The Services may be used only by registered users.

3.

In using the Services, users are required to register as a user, and then obtain an ID (the "User ID") and password (the "User Password"). For the purposes of these Services, users will be managed by their User IDs.

4.

Users themselves are responsible for any and all liabilities and risks in relation to their use of the Services.

5.

Users are responsible and liable for installing and setting up any equipment required for the use of the Services, building their communication environment, and paying any fee required by the users in relation to using the Services, including readying the communication device, setting up a communication environment, contracting with a provider, paying the cost of using the provider, telephone charge, cost of communication, or any other fee, regardless of what it may be called.

6.

Other than with respect to the cases expressly indicated herein, SHIMA SEIKI will not return any fee borne by the user for reasons of inability to use or access, etc., the Users' Site Server.

7.

Upon using the Services, there may be cases where updated program or data for adjusting and updating clients is automatically downloaded to the users from the Users' Site Server.

8.

SHIMA SEIKI prohibits users from any act of accessing the Users' Site Server through unauthorized accessing methods for the unlawful purpose of circumventing prohibited acts, etc.

9.

All information ("Confidential Information") obtained by the users when using the Service can be disclosed only to employees or officers of the registered company to which they belong (limited to the company which purchased SHIMA SEIKI's products) and who need to know the Confidential Information. The users shall not disclose the Confidential Information to the other third parties without SHIMA SEIKI's prior written consent. This provision shall survive after termination of the Services.

1.

Upon processing the necessary procedures, such as obtaining the User ID or otherwise, users shall provide and register information specified by SHIMA SEIKI (including personal information, such as email addresses) in the manner designated by SHIMA SEIKI.

2.

In providing and registering the information mentioned in the previous paragraph, in order to receive notices and communication from SHIMA SEIKI, users shall provide and register an email address acquired under his/her own name, which is viewable at all times. Users shall use the email address which is used in the company to which users belong. With respect to any notice or communication sent to users from SHIMA SEIKI, after the lapse of two (2) business days from the date on which such notice or communication was sent, users shall have no defense of having no knowledge of such notice or communication.

3.

With respect to information provided or registered by the users, the following kinds of action are prohibited:

3.1

Provision or registration under a company name, nickname, etc.; or

3.2

Provision or registration via any name other than the user's name or any other false information.

4.

If there is any change to the information provided or registered by a user, such user shall promptly contact SHIMA SEIKI in the manner designated by it.

5.

SHIMA SEIKI may use information provided by users to the extent necessary for performing the businesses set forth in the next paragraph. In addition, SHIMA SEIKI may subcontract the businesses set forth in the next paragraph to a third party; in which case, SHIMA SEIKI may disclose the users' information to such third party and allow the use thereof upon imposing upon them the obligation of appropriately managing such personal information. Furthermore, to the extent necessary for operating the Users' Site, SHIMA SEIKI may disclose information provided by the users to SHIMA SEIKI's affiliates, agents or distributors and allow the use thereof.

6.

Only within the scope prescribed below, SHIMA SEIKI will use the information provided by users:

6.1

To provide the Services and any incidental services thereto, as well as announcing relevant information (including advertisements, mail magazines, etc., from SHIMA SEIKI and third parties), and affairs pertaining to dealing with and handling questionnaires, etc.; and

6.2

Affairs pertaining to surveys carried out for the purpose of ensuring the rights of SHIMA SEIKI, as well as any response therefor.

7.

Other than in the cases expressly indicated herein or any of the following clauses, SHIMA SEIKI will not disclose or provide to any third party information provided by the user without obtaining the prior consent thereof.

7.1

Where there is an obligation for the disclosure thereof as required by laws and regulations;

7.2

Where there is a request for the disclosure thereof from a lawfully authorized person;

7.3

Where disclosure is inevitable in order to protect or recover the rights of SHIMA SEIKI and/or a third party from imminent or unlawful infringement; or

7.4

Where disclosure to a third party is determined to be necessary in the course of the business.

8.

If a user requests to amend or delete his/her own information in the manner designated by SHIMA SEIKI, SHIMA SEIKI may make such deletion or amendment if it determines that such case falls under any of the following:

8.1

Where the user registered incorrect information due to an inputting mistake, etc.;

8.2

In cases where there is a change in the registered information after such registration due to a reason attributable to the user, where SHIMA SEIKI determines that such change is necessary; or

8.3

Where SHIMA SEIKI determines that there is any likelihood that the rights, properties, etc., of the user himself/herself that is subject to protection under the relevant laws and regulations, may be infringed.

1.

SHIMA SEIKI will, at its own discretion, give users their User IDs and User Passwords. Please understand that SHIMA SEIKI may, at its own discretion, not give users User IDs or User Passwords.

2.

Users shall not allow any third party to use the User ID or User Password given to them. Users are fully liable for the use of and for managing their User IDs and User Passwords so that they are not used by any third party.

3.

SHIMA SEIKI shall not be liable in any way for any loss or damage suffered by any user due to the use of the user's User ID or User Password by a third party, as mentioned in the previous paragraph.

4.

The use and results thereof regarding the Services using the User ID and User Password managed by the user shall be the sole responsibility of the relevant user, and SHIMA SEIKI shall not be liable in any way.

1.

In using the Services, users shall not perform any of the following acts ("Cheating"):

1.1

Analyze, alter, modify or reverse-engineer the Services (including the knitting program defined in Article 10); or

1.2

Intentionally change the content, progress, elements, etc., of the Users' Site, such as changing its original functions.

2.

Users shall not allow other users or third parties to use, distribute (including making transmission possible) or recommend the use of programs or data that enable Cheating, regardless of whether or not they in the middle of using the Services.

3.

Users shall not unlawfully access other people's equipment or devices intended for these Services (which refers to communication devices, communication lines, computers and any other device and software set up by SHIMA SEIKI for the purpose of providing the Services; the same shall apply hereinafter), or carry out acts that can harm the use or operation thereof.

4.

If SHIMA SEIKI determines that an act made by a user is unlawful or inappropriate for any other reason, SHIMA SEIKI may terminate provision of the Services to the user.

5.

If a user discovers any problem in the Services, such as a bug or otherwise, he/she shall not notify other users thereof, publicize it or otherwise, and should contact SHIMA SEIKI's point of contact designated separately (URL: https://www.shimaseiki.com/inquiry/).

1.

Impersonate SHIMA SEIKI, its affiliates, its employees, employees of its subcontractors or any other related person;

2.

Transmit computer viruses or excessively bulky data, or any other action that imposes any burden upon the Users' Site Server, or any act that prevents other users from using the Services;

3.

Any act that slanders or defames any of the services or products supplied by SHIMA SEIKI or the contents or operation of the Services provided by SHIMA SEIKI;

4.

Any act of selling, reselling, transferring without consideration, leasing, pledge, provision of security, licensing, or all other actions to dispose all or any part of the data forming part of the Services without obtaining permission from SHIMA SEIKI;

5.

Any act of selling, transferring (whether with or without consideration), leasing, pledge, provision of security, licensing, or all the other actions to dispose sample images and the knitting program, etc., obtained from the Users' Site via the use of the Services. The actions involve act of selling those sample images and the knitting program, etc., using circulating currency and auction via the Internet, etc.;

6.

Any act that infringes upon the copyright or any other right of the Services;

7.

Any other act that prevents or may prevent the operation of the Services, or any other act that breaches these Terms of Use;

8.

Any act notifying another user of the location of texts, data, etc., where any act falling under any of the previously mentioned clauses can be posted;

9.

Other than the previously mentioned clauses, any act that SHIMA SEIKI determines as being inappropriate in light of the purpose of the Services; and

10.

Any and all acts that induce or nurture any of the acts referred to in the abovementioned clauses or any act in preparation therefor.

11.

Where a user is found to be in breach of these Terms of Use or has been found to have breached these Terms of Use in the past, SHIMA SEIKI will charge the user a penalty of 10 million Japanese yen separately from damages.

1.

Unless there is any specific indication to the contrary, any and all programs, software, trademarks, trade names and any intellectual property or any other right in general pertaining to the technology that is incidental thereto and which forms part of the Services, the Users' Site Server, etc., shall belong to SHIMA SEIKI or a third party lawfully authorized thereby.

2.

Users shall not use any and all information acquired through the use of the Services beyond the scope of personal use, whether it be by means of reproducing, publishing, broadcasting, publicly transmitting or otherwise such information without obtaining prior express permission therefor from SHIMA SEIKI or its authorized third party.

1.

There may be cases where SHIMA SEIKI provides, among the Services, some services for a fee ("Individually Paid-For Services"). In using Individually Paid Services, users shall comply with the manner designated by SHIMA SEIKI.

2.

Any agreement with respect to the Individually Paid-For Services, including the sales and purchase agreement and the software license agreement, shall be constituted upon the provision of the Individually Paid-For Services to users via SHIMA SEIKI's affiliates, agents or distributors. If there is any problem, etc., concerning the communication environment prior to the constitution of the agreement, any such agreement shall be deemed to not have been constituted, and SHIMA SEIKI shall not be liable in any way for any loss or damage therefrom.

1.

SHIMA SEIKI provides, as one of its Individually Paid-For Services, services ("Knitting Program Services") through which users may search for samples and acquire a license for the use of the knitting program ("Knitting Program") including knitting data of the requested samples for a fee. SHIMA SEIKI may grant users non-exclusive and non-transferable right to use the Knitting Program downloaded from the Users' Site only on SHIMA SEIKI's flat knitting machines or SHIMA SEIKI's design software. The Knitting Program provided by SHIMA SEIKI is protected by SHIMA SEIKI's copyright. Users may adapt and duplicate the downloaded knitting program as secondary use only when user needs to modify it to the user's or the company's knitting pattern in which the user belongs. Users shall comply with the provisions in this Article, and for any matter not stipulated herein, they shall comply with Article 9 and the manner designated by SHIMA SEIKI.

2.

Provision of the Knitting Program Services will be completed upon the delivery of the email sent to the users by SHIMA SEIKI notifying them that the Knitting Program can be downloaded. Please understand that, upon the delivery of such email, users shall be required to pay the license fee even if they do not download the Knitting Program.

3.

Users shall comply with SHIMA SEIKI's designated method of payment for the Knitting Program. Only one-time payments of the entire amounts are available.

4.

The users' Knitting Program usage history and bookmarked usage data may be deleted from the Users' Site Server after the lapse of 180 days from the granting of the license for use or if the user does not log-in after 180 days from his/her last log-in. However, the same may be deleted prior to the lapse of the foregoing period if the user discontinues or terminates the use of the Services in accordance with Article 15.

5.

Up to twenty (20) the Knitting Program may be acquired in a single transaction.

6.

The outcome of the formulation of the Knitting Program provided by SHIMA SEIKI is significantly affected by the circumstances of the user's equipment, the thread material planned to be used, the usage environment, or any other circumstance or condition. Thus, SHIMA SEIKI does not guarantee that the Knitting Program acquired by the user will be 100% capable of formulation. Users shall fully understand the foregoing prior to purchasing the Knitting Program. Furthermore, SHIMA SEIKI shall not be liable in any way for any loss or damage suffered by the user through the use of the acquired Knitting Program. In addition, SHIMA SEIKI shall not accept any demand for the compensation of damages against users by third parties for the use of the Knitting Program. If SHIMA SEIKI receives such demand for compensation of damages, the user shall be liable for holding SHIMA SEIKI harmless therefrom.

7.

The rights acquired by the user through the Knitting Program Service shall be the right to use the Knitting Program on a non-exclusive basis, without any right of sublicense. Any Knitting Program acquired through downloading or modified SHIMA SEIKI's Knitting Program may not be sold, transferred (whether with or without consideration), leased, pledged, provided as security, licensed, or all other actions to dispose it to any third party without SHIMA SEIKI's written approval. Furthermore, SHIMA SEIKI prohibits the performance, offer and solicitation of such acts.

8.

SHIMA SEIKI prohibits Users to convert the Knitting Program downloaded by users or the modified Knitting Program into knitting program for knitting machines other than SHIMA SEIKI and to use them for purposes other than those used by the SHIMA SEIKI's flat knitting machines or SHIMA SEIKI's design software.

9.

If a measure to perpetually discontinue the use thereof is taken against a user under the provisions set forth in Article 15, the license for the Knitting Program shall lapse when such measures to discontinue the use are taken.

10.

SHIMA SEIKI shall not accept any request for a reimbursement, conversion, refund or return for any reason with respect to any Knitting Program acquired by the user.

11.

If SHIMA SEIKI determines that it is essential for the smooth operation of the Services, SHIMA SEIKI may limit the user's use of the Knitting Program without obtaining the prior consent of the relevant user.

1.

The Services and Individually Paid-For Services rely highly on each individual communication environment and the environment of the equipment being used, and is not capable of use in all environments. Thus, SHIMA SEIKI provides no guarantee that the Services, etc., will be usable by the user in any environment, nor shall it be liable in any way for any loss or damage that may be caused therefrom.

2.

The Services are provided as they are at the time of their provision on an as-is basis, inclusive of any possibility of a default in their accuracy, completeness, utility, credibility, etc. Thus, SHIMA SEIKI does not guarantee the accuracy, completeness, utility, credibility, etc., of any information, data, etc., provided by SHIMA SEIKI through the Services, nor shall it be liable in any way for any loss or damage that may be caused therefrom.

3.

If the user applies any setting to his/her browser to reject cookies, SHIMA SEIKI shall not be liable in any way even when he/she suffers any loss or damage because he/she cannot use the Services, etc., or has any difficulty in using the Services.

4.

If the data, etc., stored in the user's devices for the Services, etc., is lost, or is altered by a third party, SHIMA SEIKI shall not be liable for the recovery thereof.

5.

SHIMA SEIKI shall not be liable in any way to such user or third party for any and all problems during the program installation process relating to the Services, etc., or for any and all problems that may occur upon the use thereof. In addition, the user shall acknowledge in advance that SHIMA SEIKI shall not be liable in any way for compensation as long as the Services could have reasonably been provided to the user at the time.

6.

When creating the Knitting Program, SHIMA SEIKI has exerted efforts to ensure that the Knitting Program will avoid infringing any intellectual property right that is proprietary to any third party. Nonetheless, SHIMA SEIKI does not guarantee that the Knitting Program and any product of the user manufactured using the Knitting Program will not infringe on any intellectual property right that is proprietary to any third party. In using the Knitting Program, the user shall comply with the following Terms of Use:
1)If the user manufactures any product based on the Knitting Program, or sells, exports or does other activities concerning the manufactured products, then it shall investigate and ascertain, as its own responsibility and expense, whether or not such manufacture, sale, export or the like will not infringe on any intellectual property right that is proprietary to any third party in the country or region where the relevant manufacture, sale, export or the like is made.
2)Where there is a likelihood that the relevant product may infringe on any intellectual property right that is proprietary to any third party, the user shall take measures including a design change so that the product will not conflict with any intellectual property right that is proprietary to any third party, or otherwise obtain the relevant license thereto. If the user is unable to carry out the above measures, then the user shall not use the Knitting Program.

1.

Upon the occurrence of any of the following events, SHIMA SEIKI may temporarily interrupt the provision of the Services, etc., without giving any prior notice to the user.

1.1

If the provision of the Services, etc., stops due to the occurrence of an unexpected problem, etc., in the Users' Site Server system; or

1.2

If, in addition to SHIMA SEIKI carrying out a regular or emergency maintenance on the Users' Site Server system, SHIMA SEIKI determines it is necessary to interrupt the Users' Site Server temporarily for operational or technical reasons.

2.

In case of any of the events mentioned in the previous clauses, SHIMA SEIKI shall not be liable in any way for any loss or damage suffered by the user therefrom even if there is a delay, interruption, etc., in the Services, etc.

1.

In using the Services, there may be cases where SHIMA SEIKI would not permit the use of the Services, etc., to users when SHIMA SEIKI determines that the user falls under any of the following:

1.1

If the information provided and registered by the user is false;

1.2

If it is discovered that the user is in fact breaching these Terms of Use or if he/she has breached these Terms of Use in the past;

1.3

If SHIMA SEIKI determines that, apart from the cases mentioned in the previous clauses, the user is significantly inappropriate as a user of the Services, etc.; or

1.4

If the user has unlawfully accessed the Services, etc. to any website relevant of the Services.

2.

If SHIMA SEIKI determines that the user falls under any of the following, it may immediately discontinue the user's participation in the Services, etc., either partially or entirely, temporarily or perpetually, or cancel the user's license for using the Services, etc. In such a case, any fee borne by the user in using the Services, etc., shall not be returned and SHIMA SEIKI shall not take any responsibility.

2.1

If these Terms of Use have been or may be breached;

2.2

If the petition for a commencement of proceedings in bankruptcy or civil rehabilitation is filed against or by the user;

2.3

If payment is treated as having lapsed or rescinded by the payment service provider of the means of payment designated by SHIMA SEIKI;

2.4

Any other case where SHIMA SEIKI determines that it would be detrimental to the operation of the Services, etc.;

2.5

If the User ID and User Password are unlawfully used by a third party due to the carelessness of the user, or if SHIMA SEIKI determines that there is the likelihood thereof;

2.6

If the user falls under any of the matters set forth in Section 15.1; or

2.7

Upon the lapse of 180 days from when the user last logged-in to the Services.

3.

In cases where a single user has obtained multiple User IDs, if SHIMA SEIKI discontinues the use of or terminates the license for use pertaining to any of the User IDs in accordance with the previous paragraph (except where it falls under Section 15.2.7), or if SHIMA SEIKI cancels the license for the use thereof, SHIMA SEIKI may discontinue the use of or cancel the license for use of the Services for all of the User IDs that SHIMA SEIKI determines to have been obtained by that particular user.

1.

Notices, communication and support provided by SHIMA SEIKI to the users in relation to the Services will only be in Japanese or English.

2.

In communicating with or submitting an inquiry to SHIMA SEIKI regarding the Services, users shall do so through the inquiry form provided on this website. (URL: https://www.shimaseiki.com/inquiry/). SHIMA SEIKI will not respond to any communication or inquiry made via other means (including telephone or a visit).

1.

SHIMA SEIKI may terminate the provision of the Services or any Individually Paid-For Service without giving any prior notice, etc., or obtaining consent from the users. SHIMA SEIKI shall not be liable in any way for any loss or damage suffered by the users due to the termination of the Services or any Individually Paid-For Service.

2.

SHIMA SEIKI shall not accept any claim from users pursuant to the termination of the Services or any Individually Paid-For Service, etc.

1.

These Terms of Use shall all be governed by the laws and regulations of Japan, including its formation, effectiveness, interpretation and performance. Any matter not stipulated herein shall be in accordance with the Copyright Act, the Civil Code, Commercial Code, and other applicable laws and regulations.

2.

Even if any part of these Terms of Use is deemed to be invalid due to a portion of a mandatory provision under the laws and regulations on consumer protection or any other mandatory provision, any other part thereof shall remain valid to the maximum extent so long as it does not contradict therewith.

3.

The Wakayama District Court or the Wakayama Summary Court of Japan shall be the court of first instance with exclusive jurisdiction with respect to any dispute between users and SHIMA SEIKI in relation to these Terms of Use and the Services, etc.; provided, however, that if the rules of exclusive jurisdiction are applied under the Japanese Code of Civil Procedure, those rules shall be followed.

4.

These Terms of Use shall be prepared in Japanese and translated into English and Chinese. The Japanese version is the original and the English and Chinese versions are created for reference. In case of conflict between these language versions, the Japanese version shall prevail.