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Acceptance of Terms
Acceptance of Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. By using the Site or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound by and to abide by these Terms. If you do not want to agree to these Terms, you must not accept them if the option is made available to you to do so and must not access or use the Site.
You agree that all information you provide through the use of the Site, including but not limited to any interactive features, is governed by the Opt Privacy Notice located at https://***** , and to the extent permitted by law you consent to all actions we take with respect to your information consistent with the Opt Privacy Notice.
Changes to Terms. You are bound by the version of these Terms in effect on the date of each visit to the Site. Opt reserves the right to update and change these Terms from time to time at its sole discretion. You may be required to accept the updated Terms before you can continue to use the Site. Such acceptance or your continued use of the Site following the posting of any changes to the Terms will confirm your acceptance of and agreement to be bound by the updated Terms. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. Notwithstanding the foregoing, any changes to the dispute resolution provisions set out in Section 18 (“Governing Law and Venue; Waiver of Jury Trial; Claims Period”) will not apply to any disputes for which the parties have actual notice before the date the updated Terms are posted on the Site.
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Access to the Site and Content
Access to the Site and Content; Premium Content; Account Security. To access the Site and/or to access the contents, resources, features, and functionality (including but not limited to all information, software, displays, textual and audiovisual content, and the design, selection, and arrangement thereof) (collectively, “Content”) available through the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and Content that all the information you provide in connection with that use is correct, current, and complete.
Certain software, features, functionality, and services available through the Site may be accessed from password-protected areas only or by users who have purchased a separate license or subscription to use them (“Premium Content”). Access to and use of Premium Content is restricted to authorized users who have met the qualifications required by Opt, in its sole discretion, for its use. Premium Content may be provided subject to the terms and conditions of a separate usage, license, subscription agreement (“Premium Content Terms”). In the event of a conflict between these Terms and a term or provision contained in Premium Content Terms, the Premium Content Terms will control.
If you choose, or are provided with, a username, password, passcode, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to share it or provide any other person with access to the Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You will exit from your account at the end of each Site session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or to the entire Site. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms or you cross-default under an associated agreement or license such as Premium Content Terms or a Customer Agreement. Opt may add to, change or modify, or remove Content or products, software, or services mentioned at any time without notice.
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Prohibited Uses
Prohibited Uses. You may use the Site and Content only for lawful purposes and in accordance with these Terms. You agree not to use the Site and/or Content:
• In any way that violates any applicable international, federal, provincial, state, or local law, rule, or regulation (including, without limitation, any laws regarding the export of data or software to and from the Japan or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate Opt, a Opt employee, a Opt customer, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site or Content, or which, as determined by us, may harm Opt or users of the Site or Content, or expose them or us to liability.
• To upload or otherwise make available files or content that contain text, images, photographs, software or other materials owned by others that are protected by intellectual property laws (e.g., copyright, trademark, rights of privacy or publicity) and for which you have not received all necessary and legal consents for their use.
• For advertising, offering to sell or buy goods, or other business promotional purposes, except where expressly allowed by us.
Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with the proper working of the Site or any other party's use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• “Frame”or “mirror” the Site or any Content.
• Use any manual process to monitor or copy any of the Content, or for any other purpose not expressly authorized in these Terms, without our express prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the servers, networks, and/or environment through which the Site is provided, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Decompile, reverse engineer, or disassemble the Site or any Content except and only to the extent permitted by applicable law.
• Delete or alter any copyright, trademark, or other proprietary rights notices from any Content.
• Transfer, provide, or make available Content to any other person, organization, or entity.
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Content Standards
Content Standards. These content standards apply to any and all use of Interactive Services. User input data must in their entirety comply with all applicable international, federal, provincial, state, and local laws, rules and regulations. Without limiting the foregoing, User input data must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, gender identity, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
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Linking to the Opt Homepage
Linking to the Opt Homepage. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Opt’s part without Opt’s express prior written consent. You agree to cooperate with us in causing any unauthorized linking immediately to stop.
We reserve the right to withdraw linking permission without notice. By placing a link on your website to the Site you agree to promptly remove such link at Opt’s request.
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Content Standards
Third Party Links on the Site. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
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Products, Software and Services
Products, Software and Services. Our obligations with respect to our products, software and services available or accessible through the Site are governed solely by the terms and conditions under which they are provided, including but not limited to Customer Agreements, Premium Content Terms, and the Opt Offering Terms. For example, if you download software from the Site, use of the software will be governed by the provisions of the applicable Customer Agreement, End User License Agreement, or other software license agreement that accompanies or is provided with the software. If you obtain a product, software, or service from Opt through the Site that is provided without an agreement, that product, software or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product, software or service is entirely at your own risk.
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Intellectual Property Rights
Intellectual Property Rights. All right, title and interest in and to the Site and its Content are proprietary to and are owned by Opt, its licensors, or other providers of such materials and are protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms are retained by Opt and its suppliers. No portion of the Site, or any software or service accessed through the Site, may be reproduced in any form, or by any means, except as authorized below, without our express prior approval.
Opt and Opt Logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Opt. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
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Disclaimer of Warranties
Disclaimer of Warranties. The information and Content presented, available, and/or accessible on or through the Site is provided solely for general information purposes. We do not warrant, and assume no responsibility for, the accuracy, completeness, or usefulness of this information and Content. Any reliance you place on such information and Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We may update Content on the Site from time to time, but Content may be out of date at any given time, and we are under no obligation to update such material. We strive to display accurate information through the Site, including pricing; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions, and we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Mention of non-Opt products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
The Site may include content provided by third parties, including but not limited to materials provided by dealers and other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Opt, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Opt. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OPT NOR ANY PERSON ASSOCIATED WITH OPT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER OPT NOR ANYONE ASSOCIATED WITH OPT REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Limitation of Liability
Limitation of Liability.IN NO EVENT WILL OPT, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, SITE CONTENT, OR ANY OTHER OPT PRODUCT, SOFTWARE OR SERVICE, LOSS OR INTERRUPTION OF BUSINESS, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED), EVEN IF OPT OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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Indemnification
Indemnification. You agree to indemnify and hold harmless Opt, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Content, products, software and services available through the Site other than as expressly authorized in these Terms or another agreement between Opt and you governing your use thereof, or your use of any information obtained from the Site.
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International and Export
International and Export. The Site is administered by Opt from its offices at osaka in Japan. Opt makes no claim or representation that Content on the Site is appropriate or available for use in locations outside Japan, and accessing them from territories where Content is illegal is prohibited. Access to the Site and Content may not be legal by certain persons or in certain countries. You may not use or export or re-export Content obtained through the Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, Japanese export laws and regulations. If you choose to access the site from locations outside Japan, you do so on your own initiative and are responsible for compliance with applicable local laws.
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General Provisions
General Provisions. Except as otherwise specified herein, these Terms constitute the entire agreement between you and Opt with respect to your use of the Site and Content and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Opt with respect thereto. Any rights not otherwise expressly granted by these Terms are reserved by Opt. No waiver of any provision or breach of these Terms (a) will be effective unless made in writing, or (b) will operate as or be construed to be a continuing waiver of such provision or breach. Regardless of which party may have drafted these Terms, no rule of strict construction will be applied against either party. In the event any portion of these Terms are held to be invalid or unenforceable, such portion will be construed as nearly as possible to reflect the original intent of the parties, or if such construction cannot be made, such provision or portion thereof will be severable from these Terms, provided that the same will not affect in any respect whatsoever the remainder of these Terms. The parties have specifically requested that this agreement be drafted in English. If there is a conflict between versions of these Terms in any other language, the English language version controls. In the case of any violation of these Terms, Opt reserves the right to seek all remedies available in law and equity for such violations.