By using the OptunaHub, you agree to be bound by this Terms of Use(“Terms”). The Terms are a binding agreement between us, Preferred Networks, Inc.(“PFN”), a Japanese corporation, and You.
Use of the OptunaHub
You may use the OptunaHub and the Contents therefrom in compliance with the Terms, the licenses of the Contents and law. “Content” means any material posted, displayed, or accessed on the OptunaHub, including but not limited to code, data, text, graphics, images, applications, or software PFN, you, or any third party provide or make available.
Prohibited Activities
2.1. You shall be prohibited from engaging in any of the following acts with respect to use of the OptunaHub: (1) performing any act which would infringe any Intellectual Property Rights or other rights or interests of PFN or other third parties; (2) performing any act which violates any law, regulation license or agreements; or (3) performing any act that is to be likely to interfere with the operation of the OptunaHub.
2.2. In cases where the PFN reasonably determines that an act conducted by You falls or is likely to fall under any of the items listed in Article 2.1, PFN may delete all or part of such act without any prior notice to You. PFN shall in no event be responsible or liable for any damage incurred by You as a result of any action taken by the PFN pursuant to this Article.
DISCLAIMER OF WARRANTY
UNLESS REQUIRED BY APPLICABLE LAW, THE OPTUNAHUB AND THE CONTENTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND PFN DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE OPTUNAHUB AND THE CONTENTS ASSUME ANY RISKS ASSOCIATED WITH YOUR USE OF THE OPTUNAHUB AND THE CONTENTS.
LIMITATION OF LIABILITY
IN NO EVENT WILL PFN BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THE OPTUNAHUB, THE CONTENTS OR THE TERMS, FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF PFN HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING.
Amendment to the Terms
PFN reserves the right to make amendments to the Terms. In the event of any amendment to the Terms, PFN shall post the content and effective date of such amendment in the OptunaHub website before such effective date.
Governing Law and Jurisdiction
The Terms will be governed and construed under the laws of Japan without regard to choice of law principles, and the UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The Tokyo District Court located in Tokyo, Japan, shall have exclusive jurisdiction of any dispute arising out of the OptunaHub and the Terms.