Thank you very much for visiting the official website of CIEN Global K.K., or CIEN (hereinafter “CIEN Website”). Please read through these Terms of Use carefully. By accessing and using the CIEN Website, it shall be construed that you have agreed to the Terms of Use below.
I. Intellectual Property Rights
1. Ownership
All contents, text, images, data, information and other material (hereinafter collectively as “Content”) displayed, available or present on the CIEN Website, including any intellectual property rights (including trademarks or copyrights, hereinafter collectively as “Intellectual Property Rights”), are the property of CIEN or the designated owner and are protected by applicable intellectual property laws and regulations.
2. Authorized and Prohibited Uses
User of the CIEN Website (hereinafter “User”) may use the CIEN Website, and download and print copies of Content on the CIEN Website for only the intended purposes of the CIEN Website, so long as the User complies with these terms and conditions and applicable laws and regulations. The User may not otherwise reproduce, sell, publish, distribute, modify, display, or use all or part of CIEN Website or the Content without the prior written permission of CIEN. The User may not infringe upon, dilute, remove or modify any or all Intellectual Property Rights or related proprietary notices on the CIEN Website. If you wish to reproduce, sell, publish, distribute, modify, display, or use all or part of the CIEN Website or the Content, please contact CIEN by written request describing the purpose of such reproduce etc.
3. User Content
Any Content that the User submits to the CIEN Website or CIEN will be deemed to be non-confidential, non-proprietary and not to be retained its ownership by the User and may be disclosed through CIEN Website to unknown persons on a worldwide basis without control by CIEN, including for browsing, downloading, printing and other uses by any persons or entities. CIEN shall have the royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, display, link to or use, in any form or media, any Content that the User submits to the CIEN Website or CIEN.
II. User Requirements and Obligations
1. Compliance
The User will comply with all relevant and applicable laws and regulations in connection with its use of the CIEN Website.
2. Unsuitable Content and Inappropriate Online Conduct
The User must not engage in conduct or submit to the CIEN Website any Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable.
3. Disclaimer of Warranty
In no event will CIEN be liable to the User for any loss or damage, or any trouble arising from the use of the Content or any website linked to the CIEN Website, nor guarantee as to the accuracy, validity, completeness, or fitness for the User’s particular purpose of any Content posted on the CIEN Website for the User’s convenience, including Content, link and other information posted by third party that is beyond CIEN’s reasonable responsibility, as well as CIEN’s translations thereof. CIEN advice every User to review terms of use of any website linked to the CIEN Website.
4. Indemnification
The User will defend, indemnify and hold harmless CIEN and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with the User’s use of the CIEN Website, online conduct, breach of these Terms of Use or dealings or transactions with other persons resulting from use of the CIEN Website.
III. Website Links
1. Linking
Links to the CIEN Website may basically be created to its homepage (http://www.cien.co.jp.) Any link to the CIEN Website must be immediately followed by notice to CIEN, including content information of the outside page that links to the CIEN Website, the URL of such outside page and the purpose of linking to the CIEN Website. If you have particular reason to create a link to an individual page within the CIEN Website, please contact CIEN.
2. Identification of the CIEN Website
Any link to the CIEN Website should be clearly identified as link to the CIEN Website. CIEN reserves the right, in its sole discretion, to request to modify or delete your link to the CIEN Website, if CIEN deems such modification or deletion necessary.
3. CIEN's Logos
The CIEN website logos may be place on a website for the sole purpose of creating a link to the CIEN Website.
4. Authority of CIEN Website Administrator
CIEN reserves the right, in its sole discretion, to edit, modify, translate, suspend, restrict access to, or terminate these Terms of Use, the CIEN Website, Content, or any link at anytime without prior notice and without liability of any kind.
CIEN also reserves the right, in its sole discretion, to terminate the access and registration to and use of the CIEN Website by a particular user at any time for any reason, including the violation of any condition of these Terms of Use, without prior notice and without liability of any kind.
IV. Miscellaneous
1. Privacy Policy
User’s personal information which acquired by CIEN, or that the User provides to CIEN, will be handled by CIEN in accordance with Privacy Policy of the CIEN Website, which constitutes a part of these Terms of Use. Article IV.3 of this Terms of Use shall also be applied to the Privacy Policy of the CIEN Website.
2. Separate Terms of Use
In connection with the User’s use of Content contained in certain areas of CIEN Website, it may be necessary for the User to consent to separate terms of use in addition to the Terms of Use set forth herein. In the event of a conflict between the Terms of Use set forth herein and those separately prescribed in another area of the CIEN Website, those separately prescribed shall supersede the Terms of Use set forth herein.
3. Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising out of or in connection with the CIEN Website or these Terms of Use, CIEN and the User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. CIEN has no obligation to become involved in any dispute between the User and any other person. The CIEN Website, these Terms of Use and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of Japan without regard to its conflict of law principles. The Tokyo District Court of Japan shall have exclusive jurisdiction over any dispute arising in connection with the CIEN Website or these Terms of Use. Any claim or legal action relating to the CIEN Website and these Terms of Use must be filed no later than one (1) year after the cause of action arises.
4. Location of Agreement
The CIEN Website has been made available to the benefit of the general public and is not intended for the use of individuals in a particular region, state, or country. The User’s agreement with these Terms of Use will be construed to have been concluded in Japan, where the CIEN Website server is located. Although the CIEN Website is accessible from any location in any region, state or country, the User cannot claim personal jurisdiction of the court governing the place where the User resides on the ground that the User may access the CIEN Website in such place, and the User agrees to waive such claim regarding personal jurisdiction.
5. Entire Agreement and Modification of the Terms of Use
This is the entire agreement between the parties with respect to its subject matter and supersedes any prior agreement or communication between the User and CIEN. CIEN reserves the right to modify these Terms of Use at any time without prior notice to Users. When Terms of Use are revised or updated, CIEN will post such revised or updated Terms of Use, including the effective date of the revision or update, on the CIEN website. It shall be construed that the User agrees on or accepts the revised or updated Terms of Use when the User starts using the CIEN Website having such revised or updated Terms of Use subsequent to the publication made by CIEN.
First published: February 1, 2023