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3D Videos, Digital Technology, Streaming Media & Augmented and Virtual Reality
JANSSENS DYNAMIC (“JANSSENS”)
Last Updated: June 28, 2016
1. Account Required
To the extent using the Services requires the creation of an account, you agree by creating an account that you will furnish accurate and current information. You will also keep your login information secure, and will contact us immediately at www.janssensdynamic.com if you suspect that your login information has been compromised or you otherwise suspect a security breach.
If you incur charges or fees in connection with your use of the Services, you agree that you are liable for and responsible for such charges or fees. Janssens may use any legal means to collect any unpaid charges or fees.
2. Equipment and Additional Software
Additional equipment and software is required to access and use the Services.
You agree not to copy, modify, decompile, prepare derivative works based on, reverse engineer or otherwise attempt to derive the source code of the Services.
5. Third-party Content
You may be able to purchase additional content from third party providers through the use of the Services. Janssens disclaims any and all responsibility, representations, liability, or warranties in connection with any such transaction.
6. Acceptable Use
You will use the Services only in a manner that complies with and does not violate any local, state, or national law, rule or regulation. You acknowledge that you may not use the Services in any way that:
- harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
is harmful, unlawful, threatening, abusive, harassing, defamatory, libelous, invasive of any other person’s privacy, obscene, pornographic, offensive, or exploits a minor in any way;
solicits any personal information from any person who is a minor;
- includes personal or identifying information about another person without that person’s explicit consent;
impersonates any person, organization, association or any other entity, or falsely states or otherwise misrepresents your affiliation with another person or entity;
- is false, deceptive, misleading, deceitful, or in any way misrepresents the truth of any matter;
- constitutes or encourages the commission of any criminal offense, or that provides instructional information about any illegal activity, including but not limited to making weapons, explosives, drugs, or computer viruses;
- constitutes conduct that would give rise to civil liability or otherwise violate any law;
- violates, plagiarizes, or infringes the rights of third parties, including but not limited to copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
- you do not have a right to make available under any law or under any contractual relationship;
- transmits software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment;
- restricts or inhibits any other user from accessing or using the Services, whether by damaging, disabling, overburdening, impairing, or interfering with the functionality or quality of the Services in any manner;
- uses any robot, spider, crawler, scraper or other automated means not expressly authorized by Janssens to access the Services;
- circumvents or attempts to circumvent any measure designed to protect the Services, or third parties;
- or infringes upon or violates the rights of Janssens, another user, or any third party.
7. User Content
Janssens may provide features and functionality to allow users to submit audiovisual content and other materials. By submitting such content, you grant Janssens a perpetual, worldwide, irrevocable, royalty-free, assignable, and sublicensable right to use, copy, display, store, adapt, publicly perform and distribute such content. You also represent, certify, and warrant that:
you either are the sole and exclusive rights owner of all such content or else you have obtained all rights necessary to grant to Janssens the rights described in the preceding paragraph;
your submission of such content, and our use of it, will not infringe upon or violate the rights of any third party, or violate any applicable law, regulation, or treaty.
Except as otherwise noted, the Services are the property of Janssens and are protected by copyright, trademark and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or similar notice displayed in connection with the Services.
ViewVerge is a trademark of Janssens and may not be copied, imitated or used, in whole or in part, without prior written permission. All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.
12. Export Compliance
You agree that you will comply with all applicable export laws, restrictions or regulations. If any portion of the Services is identified as an export controlled item under U.S. export law, you certify that you are neither a citizen of nor located within a nation subject to embargo, sanctions, or other restriction, and that you are not otherwise prohibited under United States export laws from accessing and using the Services. You also certify that you will not directly or indirectly provide the Services or any portion thereof to any specially designated national, or to any person or entity on the “Denied Persons List,” “Entity List,” or other, similar screening list.
13. Government Rights
14. Health and Safety
You agree that the Services are provided on an “as is” basis and with no representation, warranty, or guarantee that the Services are fit for your purposes, that the Services will be of a particular quality or reliability, or that any defect, problem, error, or any flaw or shortcoming of any kind in the Services will be remedied. Janssens disclaims all warranties, oral or written, expressed or implied, to the maximum extent allowed by law.
BY USING THE SERVICES, YOU CERTIFY THAT YOU HAVE READ AND UNDERSTOOD THE HEALTH AND SAFETY WARNINGS AVAILABLE AT https://www.microsoft.com/microsoft-hololens/en-us/legal/health-and-safety-information, AS WELL AS ANY HEALTH AND SAFETY WARNINGS MADE AVAILABLE BY ANY THIRD PARTY CONTENT PROVIDER.
16. Limitation of Liability
To the maximum extent permitted by applicable law, Janssens shall not be liable for any consequential, special, indirect, punitive, or incidental damages caused by, arising out of, or related in any way to your use of or inability to use the Services. Janssens’ total, aggregate liability shall not exceed the total amount paid by you for use of the Services.
17. Dispute Resolution
IMPORTANT: READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION, AND REQUIRES YOU TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION.
You agree that any dispute between you and Janssens must be resolved in an individual arbitration, and not as a class arbitration, class action, or any other representative proceeding.
You agree that all aspects of any arbitration proceedings will be kept confidential, including all information exchanged, collected, or presented during the arbitration.
So that you and Janssens may seek an informal solution to any dispute, you agree that before instituting a formal arbitration proceeding, you will provide Janssens with notice of your claim. Such notice shall be sent by certified mail to Fleeson, Gooing, Coulson, & Kitch, LLC, Attn: Daniel Lawrence, 301 N. Main St., Wichita, Kansas, 67101 and must include your name, address, email address, and phone number; a detailed description of your claim, including the legal and factual basis of the claim; and a description of the specific relief you seek in connection with such claim. Janssens shall have 60 days from the date of mailing to respond, after which either party may commence an arbitration proceeding.
The provisions of this section 17 shall survive termination of these terms.
18. Venue and Choice of Law
Your access to and use of the Services is governed by Kansas law. Subject to the provisions of section 17, regarding dispute resolution, you agree that all other controversies, claims, causes of action, demands, or disputes will be resolved exclusively in the District Court of Sedgwick County, Kansas, or the federal courts of the United States District Court for the District of Kansas. You agree to submit to personal jurisdiction in those courts.
We reserve the right to, and you agree that Janssens may, disable or terminate your access to the Services whenever, in its sole discretion, it is necessary or appropriate for it to do so. And you agree that Janssens is not liable to you for its decision to disable your access to any of the Services.
20. Updates and Modifications to Services
Janssens will occasionally update some of the software and applications comprising the Services to deliver bug fixes, new features, and other changes and updates. You agree to accept such updates.
You agree that Janssens may change, suspend, disable, discontinue, or otherwise alter the Services without notice and at any time. You agree that Janssens shall have no liability or accountability of any kind to you as a result of its exercise of this right.
23. No Assignment
You may not assign these terms or any of the rights or obligations they grant or impose without Janssens’ prior consent, in writing.
Janssens’ failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.