TERMS OF USE

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3D Videos, Digital Technology, Streaming Media & Augmented and Virtual Reality

JANSSENS DYNAMIC (“JANSSENS”)

Last Updated: June 28, 2016

By using this application and the associated physical goods, software, applications, and other content (“Services”), you accept these terms of use and agree to be bound by them. Read them completely, and if you have questions about them contact us for more information. They apply to your purchase of, access to, and use of the Services, and affect you and your legal rights and duties. If you do not agree to the terms of use in their entirety, do not use the Services.

These terms of use do not supersede, alter, or modify any other agreement you may have with Janssens.

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.

3. Eligibility

You certify that you are of the legal age of majority in the jurisdiction in which you reside or that you are using the Services with the supervision of your parent or legal guardian who agrees to be bound by these terms of use.

The Services are intended solely for users who are 18 or older, and any use of the Services by anyone under that age is not authorized by – and is a violation of – these terms. You also certify that you (a) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List, (b) are not placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, (c) will not use IP proxying or other methods to disguise the place of your residence, (d) will not use the Services if any applicable laws in your country prohibit you from doing so in accordance with these terms of use and (e) have not previously had your right to use the Services suspended or terminated.

4. License

Janssens grants you a limited, personal, non-exclusive, non-assignable, non-commercial, and non-sublicensable license to use the Services for the sole purpose of using and enjoying the Services in the manner provided by these terms of use.

You agree that Janssens has not granted you any implied or non-express right or license not expressly set out in these terms of use.

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

Janssens may make available to you content, services, or software provided by third parties. Such third parties may require you to agree to additional terms of use; however, this agreement controls in the event of any conflict between it and the terms of use you are required to agree to by a third party. Janssens disclaims any and all responsibility, liability, representations or warranties with respect to content, services, or software provided by third parties.

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.

8. Privacy Policy

Janssens’ privacy policy is incorporated into these terms of use. You may view the privacy policy at www.janssensdynamic.com. The providers of third party content (see above) may also collect information from you in connection with your use of or access to that content. Janssens disclaims any and all responsibility, representations, liability, or warranties in connection with any third party’s use, handling, or treatment of such information, and you release Janssens from any and all claims or liability arising out of any third party’s use, handling, or treatment of such information.

9. Trademarks

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

The Services are “commercial items” as that term is defined in 48 C.F.R. 2.101. If you are the U.S. Government or any agency or department thereof, the Services are licensed only as commercial items and only with the same rights granted to all other users under these terms of use.

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.

15. Indemnification

You agree to defend, indemnify and hold Janssens harmless from and against any and all liabilities, claims, demands, causes of action, costs, liabilities and expenses caused by, arising from or relating to (1) your infringement, breach, or violation of any law or other legal obligation or duty, (2) your breach of these terms of use or the terms of any provider of third party content, or (3) your use or inability to use these Services.

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 and Janssens agree to waive any right to a trial before a state or federal judge or before a jury, and agree to submit any dispute, claim, cause of action, demand, or controversy, related in any way to the Services or these terms to binding arbitration pursuant to the provisions of the Federal Arbitration Act and the AAA Consumer Arbitration Rules. The arbitrator will be authorized to resolve any disputes regarding arbitrability, or the enforceability, interpretation, or applicability of these terms of use, and the arbitrator will be empowered to make all rulings, procedural, substantive, or otherwise. You agree that any dispute, claim, cause of action, demand or controversy between you and Janssens must be commenced within one year of its accrual, or else such claim shall be barred, regardless of any otherwise applicable statute(s) of limitation.

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.

19. Termination

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.

21. Modification of these Terms of Use

Janssens may change these terms of use at any time, without notice, and in its sole discretion. You will be notified of changes and given the opportunity to review the updated terms of use. By continuing to use the Services, you agree to abide by and be bound by the updated terms of use.

22. Severability

Should any provision of these terms of use be held to be void, invalid or inoperative, the remaining provisions of this agreement shall not be affected and shall continue in effect as though such provisions were deleted.

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.

24. Nonwaiver

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.