TERMS AND CONDITIONS

1. Preamble

These Terms and Conditions (the “Terms”) set forth the legally binding terms and conditions that govern your access to and use of https://stormwarfare.com (the "Website"), all platforms and services offered thereon (collectively, “Platform”). The Website is owned, operated, and distributed by JANUS INTERACTIVE STUDIO LIMITED (“hereinafter referred to as JANUS”, the "Company", “We”, and through similar words such as “us”, “our”, etc.).

Company provides Storm Warfare (“Storm Warfare”) which is a decentralized, free-to-play strategy game for Users ( each a “User”, “you” or “your”) introducing the revolutionary Play-and-Earn concept and combining traditional collectible card gaming with digital game mechanics and token economies (the “Services”) through the Website and other media managed by JANUS.

These Terms are entered into by and between you and JANUS, and together with the Privacy Policy and any other documents expressly incorporated by reference, govern your access to and use of the Platform, as well as any content or functionality of the Services, whether as a visitor or a registered user.

By accessing or using the Platform or signing up, you acknowledge that you have read, understood, and agreed to be bound and abide by the provisions set forth in these Terms. In case of not agree with these Terms (or any part thereof) or the Privacy Policy, you shall cease your access and/or use of the Platform immediately.

JANUS is fully committed to protecting our registered members’, visitors’, and others’ privacy and security and addressing their concerns. You may read our Privacy Policy to learn about how we are handling your personal data.

1. Changes to the Terms

We reserve the right to withdraw or amend the Platform, and any Service or material we provide on the Platform, at our sole discretion without any notice.

We will notify you by email or any other communication channels at least 30 (thirty) days before the date on which the amendments entered into force. If you do not agree to the change of these Terms, you may terminate these Terms immediately by discontinuing the use of our Services. If you continue to access or use the Platform after the update, we will consider you as accepted the amended Terms.

These Terms shall also apply, including without limitation to any new functions, features, or tools added to the Platform.

The up-to-date version of these Terms can be accessed here at any time. It is in your best interest to regularly check the Terms and Conditions for any updates or modifications that might affect you. JANUS reserves the right to update and modify these Terms by providing Users with notice of updates and modifications.

We will not be liable for any reason if all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to visitors, including registered members.

You should notify your request to support@postnick.com if you no longer wish to continue using the Platform and/or the Services.

1. Definitions

The terms below shall be understood as follows in the context of herein Terms.

1. Usage of Services

The Platform provides a free-to-play strategy game that enables Users to fight on WWII Battlefronts, collect cards, trade their in-game assets, hire their in-game NFTs, build customized decks to fight, use the cards to gain the upper hand, advance to new battlegrounds, gaining rewards which increase the market value of User’s in-game assets.

To see the full services and the gameplay please review the White Paper.

5.     Communications

By providing JANUS with your email address and using the Platform, you affirmatively consent to the use of your email address for notifications from JANUS regarding important Service announcements and other administrative communications related to your use of the Platform, as well as certain marketing and other advertising communications from JANUS and from third-party advertising partners, as more fully set forth in our Privacy Policy. You will be able to opt-out of receipt of certain notifications by following the instructions described in our Privacy Policy; however, if you do not wish to receive certain Service and other administrative notifications related to the Platform, your only way to opt-out of such messages is to stop using the Platform.

JANUS disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the Platform (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.

By using the Platform, you expressly relieve and hold JANUS harmless from any and all liability arising from Third-Party Communications, including any loss or damage incurred as a result of any dealings between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.

Without prejudice to the section titled “Data Protection and Privacy”, the afore-mentioned clause herein is applicable to the extent of conditions set for by the multinational compliance regulations including but not limited to United States Privacy Law, the General Data Protection Regulation (“GDPR”) brought by the European Union for User subject to such relevant legislation.

1. Accounts

Account Creation

The registration to the Platform and creation of an account is free of charge. In order to use the Platform, you are required to create an account. Users must ensure that the information necessary to create the account should be up-to-date and accurate.

Unless you are at least 18 years of age, you should not create an Account.  Children under the age of 13 may not use the Platform or register for an Account. If you are a parent or a legal guardian allowing a person between the ages of 13 and 18 years of age (a “Minor”) to sign up to the Platform for an Account and/or use the Services, you hereby agree to:

(i) oversee the Minor’s use of the Platform and their Account; (ii) assume all hazards and liabilities arising from the use of the Platform by the Minor and their Account; (iii) ensure that the content of the Platform is appropriate for the Minor; (iv) ensure that all information submitted by the Minor to us is accurate and; (v) provide the consents, representations, and warranties contained in the Terms on behalf of the Minor.

To be able to benefit from the Services, you need to provide your ### address while creating an Account.

Account Responsibilities

You agree to keep your Account accurate, complete, and with up-to-date information. By registering, Users agree to be liable for all activities that take place under their Accounts and agree to always keep the safety and privacy of the login credentials. As a User, if you become conscious of or reasonably suspect any violation of safety, including without limitation any loss, theft, or unlawful disclosure or use of your Account, you must promptly notify us. Your failure to keep your Account data accurate, complete, and up to date may lead to your inability to access and your use of the Service or the Platform or your Account’s termination by us. The Company cannot and will not be held responsible for any loss or harm caused by your inability to maintain the safety of your Account and password. Thus, the Company is not responsible for any loss or damage as a result of someone else using your Account, Registration Data, or password, with or without your knowledge.

If you provide any information that is untrue or inaccurate, not current, or incomplete, or if the Company suspects that your information is untrue or inaccurate, not current, or incomplete, the Company may, in its sole discretion, reject, suspend or terminate your membership and refuse your current or future access to any Service. Any personal information supplied hereunder will be subject to the terms of our Privacy Policy.

JANUS may from time to time modify or add to the Registration Data information fields required to become a User, and you agree to promptly complete any such additional or modified information fields when and as requested by JANUS.

You agree to create only 1 (one) unique Account and that you will be the sole authorized user of your Account.

If you are signing up for the Service on behalf of any other person, then you represent and warrant that you have the right, authority, and capacity to enter these Terms on behalf of the entity that you represent.

You also agree to ensure that you exit from your account at the end of each session. You should be cautious when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any password, or other identifiers, whether chosen by you or provided by us, at any time, including if, in our opinion, you have violated any provision of these Terms.

1. Availability of Service

Subject to the fulfillment of the Users’ obligations under these Terms, the Company will grant the User access to all the Services and the Platform.

JANUS reserves the right to change, modify, or otherwise alter the functions of the Services hereunder after the notification of the User or lack thereof.

Platform License

We grant you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable license to access and make use of the Platform and Services solely as provided herein, subject to these Terms, and not for redistribution of any kind (the “License”). This License does not include any resale of (i) the Platform and Service, (ii) any Registration Data, (iii) any other content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, music, screenshots, videos, chats, posts, identifying marks, pages, software, and other original works of authorship, and/or intellectual property uploaded to, or incorporated into, the Platform, Service, or content by JANUS (collectively, “Platform Content”), which Platform Content is and will remain the sole and exclusive property of JANUS or (iv) any content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, music, screenshots, videos, and other intellectual property that any other User submits or uploads onto the Platform (collectively, “User Content”), including, without limitation, which User Content is and will remain the sole and exclusive property of the applicable User (subject to the licenses granted to JANUS herein).

We retain all right, title, and interest in and to the  Platform, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Platform, (iii) all other materials and content uploaded or incorporated into the Platform, including, without limitation, all Platform Content (but excluding Member Content, which is owned by the applicable User, but which JANUS has a license to use pursuant to these Terms), and (iv) all associated trade secret rights and other Intellectual Property and proprietary rights recognized anywhere in the world (collectively, “JANUS IP”). JANUS IP is protected in all forms, media, and technologies now known or hereinafter developed. JANUS owns all JANUS IP, as well as the coordination, selection, arrangement, and enhancement of such JANUS IP as a Collective Work under the U.S. Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Platform is accessed, and all rights to the Platform, such content, and such software are expressly reserved. The JANUS IP is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws.

All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Platform are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by JANUS.

Violation of this License may result in infringement of intellectual property and contractual rights of JANUS, other Users of the Platform, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.

Transactions that take place on the Platform are managed and confirmed via the Polygon blockchain. You understand that your Polygon public address will be made publicly visible whenever you engage in a transaction on the Platform. You may be required to download, install or use third party services (such as MetaMask, Google Chrome and the Polygon network) in order to use Platform, as set out on the Website. You acknowledge and agree that you may not be able to use all features of the Platform in the event that you do not use these third-party services.

Access

During the Term, except for the reasons herein, the User shall have unlimited access to the Service pursuant to these Terms. JANUS shall make commercially acceptable attempts to guarantee the accessibility of the Service and repairs, maintenance, or introduction of new services during the Term except, that JANUS shall not be liable for, (i) planned downtime or, (ii) any unavailability precipitated directly or indirectly by conditions beyond JANUS’s realistic control including a Force Majeure event or, any violation of these Terms by the User.

1. Data Protection and Privacy

JANUS hereby represents and warrants compliance with all relevant legislation, rules, regulations, directives, and guidelines on the compilation, use, and disclosure of information and data gathered from or about the Users relevant to the Services used herein (collectively, the “Rules”).

Rules include without limitation (i) the Data Protection Directive and the General Data Protection Regulation (“GDPR”) by the European Union, or (ii) United States Federal and relevant State laws in regard to data collection and data privacy including California Customer Privacy Act (“CCPA”) (iii) British Virgin Islands Data Protection Act (“DPA”) or any other Rules of another jurisdiction or rules, laws or any other part of the legislation issued by the relevant Data Protection Authorities, and any amendments and changes thereof or laws as may be repealed or succeeded.

Publicly Available Content

Any personal data, identifier, or any other information that the User creates in connection with such content shall also appear in connection with the published content.

1. Representations and Warranties

The Platform is available only to persons who are eighteen (18) years or older (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 such person’s primary residence).

BY ACCESSING AND USING THE PLATFORM, 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.

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) the compliance with these Terms and fulfillment of its 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 provide the Services hereunder; (ii) is the sole proprietor of the Platform and its IP (to the extent permitted in these Terms) and has complete legal rights, licenses, and authority to provide the User with the Service as provided herein; (iii) the Services and the Platform shall comply with all relevant legislation and regulations when used by the User in accordance with these Terms.

The User represents and warrants that (i) all Registration Data and other information the User submits to the Platform is true, accurate, current, and complete, (ii) that the User is the sole owner of all right, title, and interest in, or have obtained all necessary rights and licenses from the applicable owner of, the information you submit onto the Platform, and (iii) that such information, when used for the purposes in which it is submitted onto the Platform, does not infringe upon the rights of any third party, including, without limitation, intellectual property rights, propriety rights and rights of publicity/privacy.

You acknowledge and agree that you will be solely responsible for all Registration Data, information that you submit, link to, publish, exchange, or display on the Platform, and that JANUS reserves the right to reject, refuse to post, edit, modify, remove all or a portion of any such information from the Platform. JANUS determines, in its sole discretion, does not comply with these Terms, or for any other reason, without notice or liability to you, to use the Services and the Platform solely for the permitted purposes as defined by these Terms and shall not interfere with the integrity or performance of the Services and the Platform.  

1. Disclaimer

Disclaimer of Warranties

Except as expressly set forth herein, JANUS does not warrant, or make any representations regarding (i) the results obtained from benefiting Services will be wholly accurate, entirely reliable, on time, complete or truthful (ii) the quality of any services, information, or other material acquired or obtained by the User through the Service will meet its expectations, or that any faults in the Service will be amended and; (iii) the Services provided will be on an uninterrupted, secure or error-free basis. The Services and the Platform (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 representations concerning the benefits or outcomes obtained from the Platform and/or the Service by the User or any third party.  

The Service may become inaccessible, or it may not function properly with the User’s web browser, mobile device, and/or operating system. JANUS cannot be held liable for any perceived or actual damages arising from Service content, operation, mechanics, or use of the Service.

In-Game Assets

As explained above, 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 are fully aware and understand that there are risks associated with the Platform, its business, and operations; tokens and NFTs; buying and selling tokens and NFTs; storage of tokens and NFTs or information relevant to the operation.

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 and does not constitute a securities offering in any jurisdiction or a solicitation to invest in securities. 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 which the Platform uses.

JANUS is not liable for checking Users’ eligibility if they are able to purchase Tokens in terms of their citizenship, nationality, or residence. You agree that you are fully aware that you are not eligible to purchase Tokens if you are a citizen, national, or resident of an internationally sanctioned country. The Platform, Platform’s specifications, benefits that the Platform provides, Tokens, NFTs, and any related in-game assets may be regulated, unregulated, or prohibited by various jurisdictions. For this reason, by accepting these Terms, You accept that You know the legislation of the country you reside and it is your responsibility to confirm that using the Platform; purchasing, trading, and selling in-game assets are not prohibited or there is no indication of this. You agree and acknowledge that JANUS is not liable for any direct, indirect, special, incidental, consequential, or other losses of any kind, whether in tort or otherwise (including, but not limited to, loss of revenue or profits, loss of use or data, loss of reputation, or loss of any economic opportunity or any other loss of any kind)

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 Platform, 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 a token or NFT purchase;
• The risk that JANUS will be unable to execute or implement its business strategies and future plans.
• 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.

1. Limitation of Liability

If JANUS’s performance of its obligations under these Terms is prevented or delayed by any act or omission of the customer, or its agents, consultants, or employees, JANUS shall not be deemed in breach of its obligations under these Terms.

In no event will JANUS, its developers, affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Platform, any websites linked to it and any content on the Platform or such other websites or any Services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, 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.

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 any other basis, even if the company has been advised of the possibility of such damage.

1. 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 Platform or other material infringes any rights of third parties, including without limitation, breach or violation of the Intellectual Property or privacy rights of such third parties; (ii) the material on the Platform of the User is obscene, defamatory, illegal, unethical, or promotes illegal conduct and; (iii) that the User has not obtained and/or failed to obtain any necessary permit, license or consent in accordance with these Terms and; (iv) arises from the breach of or presumed infringement by the User of any of its representations, warranties, and/or responsibilities under these Terms.

1. Unlawful Activity and Termination of Platform Access

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 User’s e-mail addresses, usage history, IP addresses, and traffic information.

JANUS may terminate these Terms immediately in its sole discretion without notice or liability to the User, to suspend or terminate your use of, or access to, the Platform, thus suspend or terminate User’s membership (either in whole or in part) at any time for any reason with any conditions, including, without limitation, if it is reasonably believed in good faith that the User has violated or acted inconsistently with these Terms or any applicable law or that the User has engaged in conduct that we determine to be inappropriate or unacceptable. 

The User accepts, declares, and undertakes that as of the termination date, she/he cannot benefit from the revenue flow, that she/he has earned and has no payout yet, and that she/he cannot claim any rights or receivables against JANUS due to these termination situations specified in both this and following provisions.

JANUS may terminate your password, Account (or any part thereof) or use of the Platform, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Platform without prior notice and for any reason, including, but not limited to; (i) concurrent access of the Platform with identical login credentials, (ii) permitting another person or entity to use your login credentials to access the Platform, (iii) any other access or use of the Platform except as expressly provided in these Terms, (iv) any violation of the terms and conditions of these Terms or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Platform, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Platform.

The User may terminate these Terms at any time. However, all sections of these Terms which by their nature should survive the expiration or termination will continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms, as stipulated in “Following Termination”. In the event that the User terminates these Terms, the existing service and access right shall be also terminated immediately.

1. Following Termination

Upon expiry or termination of these Terms for any and all reasons, (i) all rights, and any Service performed prior shall be terminated instantly.

The following clauses shall resist the expiry or termination of these Terms “Definitions”, “Availability of Services”, “Disclaimer”, “Limitation of Liability”, “Indemnification”, “Termination”, “Following Termination”, “Governing Law”, “Severability” and “Miscellaneous Provisions”, and all commitments of both Parties under these Terms shall cease to be fulfilled.

1. Governing Law

These Terms and all materials resulting directly or indirectly therefrom shall be regulated and construed in compliance with the British Virgin Islands legislation regardless of its dispute of regulations relevant to agreements to be executed completely within the British Virgin Islands.

Each Party permanently submits to the exclusive jurisdiction of the Courts in the British Virgin Islands 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.

1. 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, generally, shall be reformed, construed, and implemented in such a way that the intent of the Parties as conveyed in these Terms to its nearest lawful effect.

In any other 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.

1. Miscellaneous Provisions

Headings

The headings used in these Terms are for reference reasons only and do not influence the understanding of these Terms.

Waiver

JANUS’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption

To ensure the utmost possible service level, JANUS reserves the right to interrupt the Platform and the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of relevant legislation, JANUS may also decide to suspend or terminate the Service altogether. If the Service is terminated, JANUS will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside JANUS’s reasonable control, such as “Force Majeure”.

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 and Conditions are not exclusive.

No Strict Construction

Where an ambiguity or issue occurs with regard to any clause of these Terms, these Terms shall be construed as if collectively approved by the Parties and no presumption or burden of proof shall occur to favor or disadvantage either Party by virtue of the authorship of any of the clauses of these Terms.

Fraudulent Transaction

If JANUS detects or suspects any fraudulent activity or fraudulent activity within the scope of Account activity, it has the right to suspend Services or cancel membership.

Assignment

Without prior written approval of JANUS, these Terms or any rights conferred thereunder may not be transferred and delegated by the Users. Any attempt to grant, without such approval, any rights, responsibilities, 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, taking the Users’ legitimate interests into account. Provisions regarding changes to these Terms will apply accordingly.

Entire Agreement

These Terms, constitute the entire agreement of the Parties on the subject matter of thereunder and supersede any and all existing, or prior written or oral agreements and/or communications relating to the subject matter of thereunder.

Force Majeure

None of the Parties shall be responsible for any error or delay in fulfilling any of their corresponding obligations if a Force Majeure Event prevents them from doing so.

Third-Party Services

The Platform may include embedded third-party content or links (such as hyperlinks) to third-party websites, resources, content, or services (including external websites that are framed by the Platform as well as any advertisements displayed in connection therewith, and affiliate marketing links through which we may earn a commission if/when you click on or make purchases via affiliate links) that are not owned or controlled by Platform (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 Platform is not responsible or liable for the content, functions, 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 JANUS. The inclusion of any Third-Party Services does not imply any association between JANUS and their operators.

By using the JANUS Platform, 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 dealings between you and any third parties, or as the result of the presence of such Third-Party Services on the JANUS Platform or the 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.

With these Terms, you agree that the JANUS Platform may include content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements, and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by JANUS, are solely the opinions, and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of JANUS.

You acknowledge and agree that you assume all liability and obligations to cause any damage to you or any third party arising from the use or reliance on any content, advertisements, products, or third parties.

When you are connected to or otherwise accessing to a Third-Party Service, you agree that you are responsible for the following: (i) take necessary measures to protect you and your computer systems from viruses, worms, trojans, malicious code, and other harmful effects; (ii) download, use or purchase 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 promotional rights, or that violates the 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 to third parties arising from your actions or other activities; (v)  read and understand the Terms of Use or Privacy Policies applicable to Third-Party Services.

Interpretation

Unless the context requires, (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 body corporate, partnership, joint venture, association, government or legal body or legal entity and vice versa shall be interpreted herein.

Independent Legal Advice

Users recognize and accept that it has had the chance to read these Terms, agree with its provisions, and has been given a chance to seek independent legal advice on its provisions before acknowledging them.

1. Contact Information

If you have any questions or complaints about these Terms, please contact us at marketing@janusinteractive.co.uk.