1. Preamble
These Terms of Service (the "Terms") set forth legally binding terms and conditions that govern your access to and use of https://janusinteractive.co.uk (the "Website"), the services and materials offered thereon, and any other content, media, social media accounts linked to or otherwise associated therewith (collectively, the “Services”).
The Services are owned, operated, and distributed by Janus Interactive Limited, a company incorporated and validly operating in the United Kingdom with company number 13956753 and having its registered office at 74A High Street Wanstead, London, United Kingdom, E11 2RJ (hereinafter referred to as “Janus”,” Company”, ”we”, and through similar words such as “us”,” our”, etc.).
Through the Website, Janus provides an informative and insightful platform that enables Users to learn about the Storm Warfare, the story and mechanisms including cards, battles and in-game cooperations, to obtain information about Janus and its future activities, to get an insight regarding the Storm Warfare Game and to access our social media.
Storm Warfare is a CCD realm where Free-to-Play meets the Play-and-Earn model, and classical collectable cards transform into NFTs. Using blockchain technology, the game brings true digital ownership to players and enables the online trading of in-game items. Players turn their gaming skills into valuable in-game assets and tokens.
Janus is an entity that launches various games through web or mobile application that players can enjoy games. Storm Warfare Game will be mainly based on blockchain technologies. However, the Website is served only for information, introduction, and marketing purposes.
2. Agreement and Acknowledgement
By accessing and using the Services in any manner including accessing and navigating the Website, or contacting us through the Services, you acknowledge that you have read, understand, and agree to be bound by and comply with the provisions set forth in these Terms. If you do not accept these Terms (or any part thereof) or the Privacy Policy, you must discontinue your access to and/or use of the Services.
These Terms are entered into by and between you and Janus and, together with the Privacy Policy, White Paper and any other documents expressly referenced, in order to govern your access to and use of the Services, as well as any subdomains and content or features of the Services.
We are fully committed to protecting our Users privacy and security and to addressing their concerns. You can read our Privacy Policy to learn more about how we are handling your personal information, in detail.
3. Changes to the Service and Terms
We reserve the right to withdraw or amend the Website, and any material or content we provide on the Website, at our sole discretion and without any notice.
We reserve the right to update and modify these Terms by notifying you of updates and changes. In this regard, we will notify you by pop-ups on the Website prior to the date the updates, changes or amendments to the Terms become effective. If you do not agree with the change(s) to these Terms, you may terminate these Terms immediately by discontinuing your access to and use of the Services. If you continue to access or use the Services after the update, we will consider you as accepted the amended Terms.
These Terms shall also apply, including without limitation to any new features, functionality, or tools added to the Services.
The most current version of these Terms may be viewed at any time on the Website. It is in your best interests to periodically review the Terms for any updates, changes, or additions that may affect you.
We will not be liable if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Website according to these Terms.
4. Definitions
Within the context of herein Terms, following terms shall bear the meanings ascribed to them below:
| White Paper |
An informational document describing the details of the Game and also incorporated herein Terms by reference |
| Digital Distribution Platforms |
Third party platforms, mainly Google Play, and Apple Store, provide digital marketplaces where Users can install the Game on their eligible devices |
| Force Majeure Event |
Floods, earthquakes, or other comparable elements of nature or acts of God, wars, civil disorders, or revolutions in any country affecting the operations of the Company, or any other event beyond the reasonable control of the non-performing party, including without limitation failures of the internet or any public telecommunication network, denial of service attacks, viruses, or other malicious software attacks, governmental restrictions, given that the default or delay could not have been avoided or prevented |
| Game |
The blockchain-based game called “Storm Warfare” developed by Janus |
| Game Content |
Any content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, post, identifying mark, page, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into the Game |
| Intellectual Property Rights |
All registered or unregistered, registerable, or un-registrable intellectual property rights in whole or in part, anywhere in the world, and including without limitation copyrights, trade secrets, know-how, business names, trademarks, service marks, and patents |
| NFT |
Non-fungible Token, a unit of data stored in a ledger that ensures the digital asset is unique and interchangeable |
| Services |
The following services provided by the Company to Users through the Website pursuant to these Terms:
(i) enabling Users to navigate through Website,
(ii) providing Users with content regarding the Game through White Paper,
(iii)enabling Users to receive information, and updates on the Services and Janus,
(iv) enabling Users to contact Janus through the channels dedicated for such use on the Website |
| Token |
The digital representation of the assets on the blockchain connected to the Game |
| User |
Any person who accesses or uses the Services |
| Website Content |
Any content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, post, identifying mark, page, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into the Website |
4.1. Coverage of the Website
The Website is an informative, insightful and supportive platform that that enables Users to get familiar with and understand the background, features, and operation of Janus ans itsfirst game Storm Warfare, its story, and upcoming changes or developments.
White Paper
Users can access the White Paper that contains information regarding Janus’s team, tokenomics, game mechanisms and roadmap. For the avoidance of doubt, White Paper constitute only an introduction to the topics. Users accept and acknowledge that neither the documents nor any information therof constitute any advice, tip, guidance, or prediction regarding an investment decision or any other economic or legal decision.
Interacting with Janus
Through Website, Users can access Janus’s social media accounts. Users acknowledge that by clicking the icons representing each social media platform, they are leaving the Website and navigating to a platform that is owned and operated by a third party; thus, the Users understand that they will be subject to terms of use and privacy policies of those platforms on which Janus has no influence. Therefore, Janus is not and cannot be liable for the damage concerning those social media platforms.
VARIOUS INFORMATION, GRAPHICS, AND CONTENT ON THE WEBSITE ARE POSTED FOR PROMOTIONAL PURPOSES ONLY; JANUS DOES NOT GUARANTEE THAT THE GAME WILL HAVE THE SAME LOOK AND FEATURES AS THE PROMOTIONS ON THE WEBSITE AND THAT CONDUCT THE OPERATIONS ON THE DATES STATED ON THE WEBSITE. JANUS CANNOT BE RESPONSIBLE FOR ANY REQUESTS FROM USERS IN THESE MATTERS AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THESE MATTERS.
Support
Users may receive support, submit feedbacks, report infringements and violations, report bugs or simply contact us by e-mailing at ###.
We welcome your comments, reviews and feedback regarding our Services. We do not, however, accept confidential, proprietary information or special category of personal data. Accordingly, all comments, feedback, suggestions, materials, information, and other submissions disclosed, submitted or offered to Janus using the Services (collectively, the "Comments") are not confidential. You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free right to exploit the Comments in any manner and for any purpose, including to improve our Services and create other products and services.
The Website is intended solely for your personal and non-commercial use. Any use of the Website for other than personal and non-commercial purposes is strictly prohibited.
4.2. Eligibility
Children under the age of 18 (eighteen) may not use the Services. Your access to the Services may be terminated without notice if we believe that you are under 18 years of age and you represent yourself as 18 or older, or you are over 18 and represent yourself as under 18.
5. Consent to Receive Electronic Communications from the Company
Legal Communications and Service Announcements
By providing the Company with your email address or by using the Website you affirmatively consent to the use of your email address for notifications or the Company to send you notifications through pop-ups regarding important service announcements and other legal and administrative communications related to your use of the Services. We may send the following to you by email (if you have provided) or posting them on the Website; these Terms, including legal disclosures; future changes to these Terms, Privacy Policy, and other notices; legal communications or disclosures and information related to the Services. Such communications are part of the Services that you cannot opt-out of receiving. However, if you do not wish to receive certain service and other administrative and legal notifications, your only way to opt out of such messages is to cease using the Website.
Promotional Communications
We may perform certain marketing and other advertising activities (i.e., informing you of benefits and features of Services, letting you know of new games or developments, reminding you of waitlists etc.) of the Company and third-party advertising partners, as more fully set forth in our Privacy Policy, pursuant to your prior explicit consent. Therefore, if you prefer to opt-in to Promotional Communications, you may receive periodic promotions and other offers or materials the Company believes might be of interest to you.
Withdrawing Your Consent
If you later decide that you do not want to receive future Promotional Communications electronically, you may withdraw your consent. You can opt-out Promotional Communications at any time (i) by following the instructions described in our Privacy Policy; or (ii) following the unsubscribe instructions contained in each message. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of these Terms provided to, and electronically signed by, you prior to the effective date of your withdrawal.
Third-Party Communications
The Company disclaims all liability for any communication or advertisement directed to you from any third party directly or indirectly in connection with the Services (the “Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. The Company assumes no responsibility for verifying and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any Third-Party Communications.
By accessing and using the Services, you expressly relieve and hold the Company harmless from any and all liability arising from Third-Party Communications, including any loss or damage incurred as a result of any dealing between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
6. Service Content: Website Content and Game Content
Website Content and Game Content (collectively, the “Service Content”) are protected by copyright, trademark, trade dress, patent, or other intellectual property rights. All the Service Content are owned, controlled, or licensed by Janus or its subsidiaries and affiliates. Any use of the Service Content without the Company’s express written consent is strictly prohibited. Janus reserves all rights to the Service Content not granted expressly in these Terms. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system, mobile phone, or other device or loss of data that results from the download of any such material.
We retain all rights, titles, and interests in and to the Services, including without limitation, (i) all texts, graphics, typefaces, formatting, graphs, designs, editorial contents, HTML, look and feel software, and data, (ii) all business processes, procedures, methods, and techniques used in the Services, (iii) Service Content, and (iv) all associated trade secrets and other intellectual property and proprietary rights recognized anywhere in the world (collectively, the “Company IP”).
The Company IP is protected in all forms, media, and technologies currently known or to be developed hereinafter. Janus owns all Company IP, as well as the coordination, selection, arrangement, and enhancement of such Company IP as a collective work under intellectual property laws of any jurisdiction where the Website is accessed, the Games are downloaded, and all rights on the Services, and the Service Content. The Company IP is protected by domestic and international laws regarding copyright, patents, and other proprietary rights.
License to the Service Content
We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable license to access the Services and contents therein solely as provided under these Terms, and not for redistribution of any kind (the “License”). This License does not include any resale of (i) any Service, Company IP or contents thereof, (ii) any personal information (iii) any other content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, chat, post, player characters, identifying mark, page, software, and other original works of authorship, and/or intellectual property uploaded to or incorporated into the Services which are and will remain the sole and exclusive property of Janus.
Janus may revoke the License at any time for any reason or no reason and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.
Violation of the License hereunder or this provision may result in infringement of Intellectual Property Rights and contractual rights of the Company, Users or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights on the Service Content which they make available on our Services. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Service Content, in whole or in part. When Service Content is downloaded to your computer, phone, or any other device, you do not obtain any ownership interest in such Service Content. Modification of the Service Content or use of the Service Content for any other purpose, including, but not limited to, use of any Service Content in printed form or on any other applications or networked computer environment, is strictly prohibited unless you receive our prior written consent. In order to request permission for using the Service Content, you may contact Janus via the channels set forth under Article 20.
All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Services are the property of their respective owners. Reference to any product, service, process, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Janus.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication, or otherwise. You represent and warrant that your use of the Services and the Service Content will remain consistent with these Terms and will not infringe or violate the rights of any other party or breach any contract or legal duty against any other party or violate any applicable law. In order to request permission to use the Service Content, you may contact the Company through the channels dedicated for such use.
7. Limitations on Use of the Services
You are solely responsible for all your interactions with us and our Services. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other Users or to us.
While using the Services, you may not:
- defame, abuse, harass, stalk, threaten, or otherwise violate legal rights (e.g., rights of privacy and publicity) of the Company, or use information learned from the Service or Service Content to defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate legal rights of the Company or any other person;
- breach any international, federal, or local legislation, regulation, rule, or ordinance;
- contact Janus to share any information that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, or that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals;
- use the Service or any other services that Janus provide other than for their intended purpose and/or for any purpose in violation of applicable local, state, federal, or international law;
- advertise to, or solicit, any User to buy or sell any products or services, or use any information obtained from the Services to contact, advertise to, solicit, or sell to any User;
- submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any personally identifiable or private information from any User;
- spam, phish, pharm, pretext, bot, crawl, or scrape the Services for any scandalous, obscene or immoral purpose;
- interfere with or circumvent the safety measures of the Services;
- attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services;
- restrict or inhibit any other User from accessing and using the Services;
- use a robot, spider, manual, and/or automatic process, or device to data-mine, data-crawl, scrape, or index the Services in any manner;
- hack or interfere with the Services and its servers, or any connected networks;
- adapt, alter, license, sublicense, or translate the Services or the Service Content for your own personal or commercial use;
- modify or otherwise make derivative works of the Service Content, or reproduce, distribute, or display the Service Content except as expressly permitted under these Terms;
use the Services to collect information of other Users by electronic or other manipulative means as well as use the Services to harvest, collect, scrape, gather, or assemble information or data regarding other Users;
- remove or modify, visually or otherwise, any copyright, trademarks, or other proprietary marks and rights owned by the Company;
- use the Services in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining the Company’s trade secrets for public disclosure or other purposes;
- use, transfer, distribute, or dispose of the Services or Service Content in any manner that could compete with the business of the Company; or advocate, encourage, or assist any third party to engage in the foregoing restricted activities.
Any use of the Services or Service Content by violating the principles listed above without the prior written permission of Janus is strictly prohibited and will terminate these Terms, the License to Service Content and your access to the Services automatically. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and Janus will take appropriate investigative and legal action for such illegal or unauthorized use.
You are required to inform Janus immediately in case anyone makes or threatens to make a legal claim against you relating to your use of the Services. If we request, you shall confirm such claim in writing and cease to access or use the Services. In such case, we reserve the right to forward details to the appropriate regulatory authorities, as well as the courts if we are asked to do so.
8. Third-Party Services
Our Services may include embedded third-party links (such as hyperlinks) to third party sites, apps, resources, contents or services that are not owned or controlled by Janus (collectively, “Third-Party Services”).
When you access Third-Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that Janus is not responsible or liable for the content, function, accuracy, legality, appropriateness, or any other aspect of Third-Party Services. If you believe any Third-Party Services violate applicable law or may be inappropriate, please notify us. The inclusion of any Third-Party Services does not imply any association between Janus and their operators.
By using the Services thereof, you expressly relieve and hold Janus harmless from any and all liability arising from your use of any Third-Party Services, including any loss or damage incurred as a result of any dealing between you and any third parties, or as a result of the presence of such Third-Party Services on the Services or failure of such Third-Party Services to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
When you are connected to or otherwise accessing a Third-Party Service, you agree that you are responsible for the following: (i) taking necessary measures to protect you and your computer systems from viruses, worms, trojans, malicious code, and other harmful effects; (ii) downloading, using or purchasing any material that is sexually explicit, immoral, offensive or otherwise objectionable or unlawful, or that contains technical inaccuracies, typographical errors, or other errors; (iii) downloading, using or purchasing any material that violates confidentiality or proprietary rights of third parties and other proprietary rights, or that is subject to additional terms and conditions specified or unspecified; (iv) any financial costs or other liabilities against third parties arising from your actions or other activities; (v) reading and understanding terms of use and privacy policies applicable to Third-Party Services.
9. Access to and Availability of the Services
Saving the exceptions herein, the User shall have unlimited access to the Services subject to the fulfillment of the User’s obligations under these Terms. We reserve the right to withdraw, amend or otherwise alter the functions of the Services, material or content we provide through the Services, at our sole discretion and without any notice.
We will make commercially acceptable attempts to guarantee the accessibility of the Services during maintenance of or introduction of new services, except that we will not be liable for, (i) planned downtime, or (ii) any unavailability precipitated directly or indirectly by conditions beyond our realistic control including a Force Majeure Event or any violation of these Terms by any User.
We may at any time suspend your use of the Services and/or remove or disable any Service Content as to which we reasonably and in good faith believe is in violation of any of these Terms. We will provide you with notice of any such suspension or disablement before its implementation unless such suspension or disablement is necessary to comply with legal process, regulation, order or prevent imminent harm to the Services or any third party, in which case we will notify you to the extent allowed by applicable law of such suspension or disablement as soon as reasonably practicable thereafter.
10. Data Protection and Privacy
We hereby represent and warrant compliance with relevant and applicable legislations, rules, regulations, directives, and guidelines on the compilation, use, and disclosure of information and data gathered from or about the Users relevant to access or use of the Services (jointly, the “Rules”).
The Rules include without limitation if applicable (i) United States federal and relevant state laws with regards to data collection and data privacy including California Customer Privacy Act (“CCPA”); and (ii) the Data Protection Directive and the General Data Protection Regulation (“GDPR”), (iii) the UK GDPR as amended by UK (“UK GDPR”).
Any personal information that you provide to us is subject to our Privacy Policy. Please review our Privacy Policy for more information about how we collect and use personal information.
11. Representations and Warranties
Each party hereby represents and warrants to the other party that, (i) such party has the necessary power and authority to be bound by these Terms; (ii) compliance with these Terms and fulfillment of the obligations hereunder do not and will not, to the best of each party’s knowledge, violate any other agreement to which it is a party; (iii) no other restriction, limitation or contractual or statutory obligation exists preventing a party from fulfilling its obligations hereunder; and (iv) these Terms constitute a legal, valid and binding obligation when agreed upon by both parties.
Janus hereby represents and warrants to the User that, (i) it will have all necessary rights, licenses, know-how, expertise, and experience needed to operate the Services; (ii) is the sole proprietor of the Services and the Company IP (to the extent permitted in these Terms) and has all legal rights, licenses, and authority to provide the User with the Services as stipulated herein.
The User represents and warrants that (i) any information User submits to Janus through the Services or any other communication channels provided (if any) is true, accurate, current, and complete, (ii) User is the sole owner of all rights, titles, and interests in, or have obtained all necessary rights and licenses from the applicable owner of, any information User submits, and (iii) such information, when used for the purposes in which it is submitted, does not infringe the rights of any third party, including without limitation, Intellectual Property Rights, proprietary rights and rights of publicity/privacy. The User also acknowledges and agrees that s/he will be solely responsible for all information that the User submits and will use Services solely for the permitted purposes as defined by these Terms and shall not interfere with the integrity or performance of the Services as articulated by the section of Limitations on Use of the Services.
12. Disclaimer and Warranties
The Services (and any part thereof), including without limitation any content, data, and any information related thereto, are provided strictly on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express, implied, or statutory. Janus makes no representation concerning the benefits or outcomes obtained from the Services by the User or any third party.
The Services may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system or may not be available to certain Users due to legal restrictions. The Company cannot be held liable for any perceived or actual damages arising from content, operation, use of or inability to use the Services.
ALTHOUGH JANUS ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON SERVICES.
BY ACCESSING AND USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE), AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY, THESE TERMS AND THAT YOU WILL SO ABIDE.
Some jurisdictions may not allow exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users, falling within the scope of such jurisdiction’s competence. These Terms grant Users specific legal rights, and Users may have other rights which vary from jurisdiction to jurisdiction. The disclaimers and exclusions under these Terms shall not apply to the extent prohibited by applicable laws.
Disclaimer Regarding White Paper Content
As explained in White Paper, Janus provides a free-to-play strategy game that enables Users to collect cards, trade their in-game assets, and hire their in-game NFTs, leveling up by winning battles that increase the market value of Users’ in-game assets.
Janus does not provide any assurance regarding the valuation of in-game assets. Users intending to purchase Storm Warfare’s token or NFT should seek independent professional advice before acting on the basis of current information. You agree that you are fully aware and understand the risks associated with the blockchain technology.
With these Terms, you agree that the Tokens and NFTs do not constitute stocks or shares or securities or financial instruments or investments in any form whatsoever in any jurisdiction and for any purpose. Any kind of information, memorandum, or document published by Janus is not intended to be used for commercial purposes. You agree that Tokens and NFTs are not classified as bonds, stocks, or shares issued by any entity or rights, derivatives, or any other securities or any type of investment. You must have a basic understanding of the functionality, use, storage, and other features of cryptocurrencies, blockchain technology, cryptocurrency wallets, smart contracts, or any other methods incorporated the Game.
Forward-Looking Statements
Janus reserves to right to amend, modify, or change any information included in the White Paper. All statements contained in the White Paper, any documents published by Janus, announcements, press releases, or another publicly available venue, and oral statements made by Janus, or its representatives constitute forward-looking statements. Some of the statements made by Janus may be identified by forward-looking terminology such as "aim," "target," "anticipate," "believe," "may," "estimate," "expect," "if," "intend," "may," "plan," "possible," "likely," "project," "should," "would," "will," or similar or synonymous terms. However, these terms are not the exclusive means of identifying forward-looking statements. All statements regarding Janus’s financial condition, business strategies, plans and prospects, and the prospects of the industry in which Janus conducts business are forward-looking statements. Janus makes no representation or warranty that the planned strategy gives the desired result.
These forward-looking statements, including, but not limited to, statements regarding Janus’s profitability and revenue growth, prospects, future plans, network plans, other expected industry trends and other matters discussed herein with respect to the Game, are not historical facts, but are merely estimates and predictions. Janus makes no representation or warranty that it has made any predictions or estimates, or expectations based on any formula, mathematical or scientific modeling or forecast, or that it has made any forecasts or estimates in good faith.
You should conduct appropriate research or read independent studies. Such forward-looking statements involve known and unknown risks, uncertainties, and other factors that may cause the actual future results, performance, or achievements of Janus to differ from any future results and anticipated, intended, expressed, or implied performance or achievements. These factors include, but are not limited to:
- Changes in legal, political, social, economic, and equity or crypto-currency market conditions and the regulatory environment in the countries in which Janus conducts its business and/or operations or in which you engage in our Game;
- Changes in interest rates and exchange rates for fiat currencies and crypto-currencies;
- Changes in Janus’s planned growth strategies and expected corporate growth;
- Changes in the availability and fees payable to Janus as a part of its business and operations;
- Changes in the preferences of Janus’s customers;
- Changes in the competitive conditions in which Janus operates, and Janus’s ability to compete under those conditions;
- Changes in Janus’s future capital needs and the availability of financing and capital to fund those needs;
- War or acts of international or domestic terrorism;
- Occurrences of catastrophic events, natural disasters and acts of God that affect businesses;
- Other factors beyond Janus’s control;
- Any risks and uncertainties associated with Janus and its business and operations, tokens, NFTs, the purchase of tokens and NFTs and reliance on any or all of the same.
All forward-looking statements made by or attributable to Janus or Janus's representatives are expressly qualified in their entirety by these factors. Because risks and uncertainties that may cause Janus's actual future results, performance or achievements to differ materially from those anticipated, expressed or implied by the forward-looking statements contained in the information, undue reliance should not be placed on such statements. Neither Janus, Janus’s representatives nor any other person represents, warrants, and/or undertakes that Janus’s actual results, performance or achievements will be as set forth in these forward-looking statements. Janus’s actual results, performances, or achievements may differ significantly from those anticipated in these statements.
Nothing contained in the current information is or may be deemed to be a promise, representation, or commitment regarding the Janus’s future performances or policies. In addition, Janus disclaims any responsibility to update any of these forward-looking statements or to publicly announce any revisions to these statements to reflect future developments, events, or circumstances, even if new information becomes available or if other events occur in the future.
13. Limitation of Liability
If the Company’s performance of its obligations under these Terms is prevented or delayed by any act or omission of User or any third party, the Company shall not be deemed in breach of its obligations under these Terms.
In no event will the Company, it’s developers, affiliates or their licensors, service providers, employees, agents, officers or directors be liable for defects or damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use Service or any other websites or applications linked to it and any content on the Services (including the Service Content) or such other websites or applications including any direct, indirect, special, incidental, consequential or punitive damages, and also including but not limited to, personal injury, pain and suffering, emotional distress, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
JANUS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY MATERIALS ON THE SERVICES OR WITH ANY OF TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
This Limitation of Liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or whatsoever, even if Janus has been advised of the possibility of such damage.
Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages; therefore, above limitations or exclusions may not apply to User falling within the scope of such jurisdictions’ competence. These Terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms shall not apply to the extent prohibited by applicable law.
14. Indemnification
The User shall defend, indemnify, and hold harmless Janus and its affiliates, co-branders, partners, shareholders, employees, agents, representatives, and/or independent contractors from and against all costs, damages, and losses, including legal expenses resulting from any claim by third parties that (i) User’s use of the Services, Service Content or other material infringement of any rights of the third parties, including without limitation, breach or violation of Company IP or the Intellectual Property Rights or privacy rights of such third parties; (ii) the information shared with Janus via any channels is obscene, defamatory, illegal, unethical, or promotes illegal conduct; (iii) the User has not obtained and/or failed to obtain any necessary permit, license or consent in accordance with these Terms; and (iv) the User breaches (de facto or presumably) any of its representations, warranties, and/or responsibilities under these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations, and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
15. Unlawful Activity and Termination of Access to the Services
Janus reserves the right to investigate complaints or reported violations of these Terms and to take any action it deems appropriate, including without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ e-mail addresses (if any), usage history, mobile device ID, IP addresses, and traffic information.
Janus may terminate these Terms immediately in its sole discretion and without any prior notice or liability against you, or suspend or terminate your use of, or access to the Services at any time for, including without limitation, if it is reasonably believed in good faith that you have violated or acted inconsistently with these Terms or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable.
You accept, declare, and undertake that you cannot claim any rights or receivables against Janus due to any termination pursuant to this provision.
User may terminate these Terms at any time by ceasing to access or use the Services. However, sections of these Terms which by their nature should survive the expiration or termination will remain in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms, as stipulated in the section of Following Termination.
16. Following Termination
Upon expiry or termination of these Terms for any reason, all rights of the User and any Services shall be terminated instantly.
The following clauses shall survive expiry or termination of these Terms “Definitions”, “Service Content: Website Content and Game Content”, “Disclaimer of Warranty”, “Limitation of Liability”, “Indemnification”, “Unlawful Activity and Termination of Access to the Services”, “Following Termination”, “Governing Law”, “Severability” and “Miscellaneous Provisions”, and all commitments of both parties under these Terms shall cease to be fulfilled.
17. Governing Law
These Terms and all materials resulting directly or indirectly therefrom shall be governed and construed in compliance with the legislation of the laws of United Kingdom regardless of conflict laws rules.
Each Party irrevocably submits to the exclusive jurisdiction of the Courts in the London, United Kingdom for all such issues and waives any opposition to such judiciary from an authority, location, or inconvenient forum. In any proceedings, the prevailing party shall be allowed to recover from the other party the reasonable fees for its attorneys in relation to any other grant of court compensation.
18. Severability
If any part of these Terms is found to be unlawful, void, or otherwise unenforceable, such unlawfulness, invalidity or unenforceability shall extend to such clause only. The unlawfulness, invalidity, or unenforceability of such a clause shall in no way influence or render any other part of these Terms, unlawful, void, or otherwise unenforceable, and generally, shall be reformed, construed, and implemented in such a way that reflects intent of the Parties as conveyed in these Terms with its nearest lawful effect.
In any jurisdiction, the fact that any provision of these Terms is held to be unlawful, void, or otherwise unenforceable, shall have no effect on the legality, validity, or enforceability of such provision in other jurisdictions.
19. Miscellaneous Provisions
Headings
The headings used in these Terms are for reference reasons only and do not influence understanding and interpretation of these Terms.
Waiver
Janus’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such or other right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service Interruption
In order to ensure the utmost possible service level, Janus reserves the right to interrupt the Services for maintenance, system update or any other change, through informing the Users appropriately.
We will not be liable for any reason if all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict or suspend access to some or all parts of the Services to the Users.
Within the limits of relevant legislation, Janus may also decide to suspend or terminate the Services altogether. If the Services are terminated, Janus will cooperate with Users to enable them to withdraw personal information in accordance with applicable law.
Additionally, the Services might not be available due to reasons outside the Janus’s reasonable control, such as “Force Majeure Events”.
Remedies Not Exclusive
Except as expressly stated herein, no remedy is designed to be excluded from any other remedy that is not available under these Terms or in law or in equity.
Non-Exclusivity
These Terms are not exclusive.
No Strict Construction
Where an ambiguity or issue occurs with regards to any clause of these Terms, the Terms shall be construed as if collectively approved by the parties and no presumption or burden of proof shall occur to favor or disadvantage of either party by virtue of the authorship on these Terms.
Assignment
Without prior written approval of Janus, these Terms or any rights or obligations conferred thereunder may not be transferred and delegated by the Users. Any attempt to grant, without such approval, any rights or responsibilities arising from these Terms shall be null and void ab initio.
Janus reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, by taking the Users’ legitimate interests into account. Provisions regarding change of these Terms shall apply accordingly.
Entire Agreement
These Terms constitute the entire agreement between the parties on the subject matter of the Terms and supersede any and all prior written or oral agreements and/or communications relating to the subject matter thereunder.
Force Majeure
None of the parties shall be responsible for any error or delay in fulfilling any of their corresponding obligations arising from these Terms, if a Force Majeure Event prevents them from doing so.
Interpretation
Unless the context requires otherwise, (i) the singular includes the plural and vice versa; (ii) if any act which shall be performed in accordance with these Terms is to be done on a day that is not a business day then the act must be performed on or before the next business day; (iii) a reference to any legislation or law includes all amendments, consolidations or other provisions thereof, (iv) a reference to a natural person shall mean including without limitation a partnership, joint venture, association, government or legal body or legal entity and vice versa shall be interpreted herein.
Independent Legal Advice
User recognizes and accepts that it has had the chance to read these Terms, agrees with its provisions, and has been given a chance to seek independent legal advice on the Terms’ provisions before acknowledging them.
20. Contact Information
You may contact the us and share your questions, complaints about these Term or our Services through ### or any other channel dedicated for such use.
