TERMS AND CONDITIONS FOR USE OF THE JANUS COMPUTER SYSTEMS WEBSITE
In these terms and conditions “We/us/our/Janus” means Janus Computer Systems, Inc., “Website” means the website located at www.JanusSystems.com (or any subsequent URL which may replace it) and all associated websites and micro sites of Janus, “User” means any person or entity using or accessing the Website and “You/your” means you as a User of the Website.
You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired; including, but not limited to, overloading, flooding, spamming, DoS attacks, mail bombing or crashing. Janus reserves the right to involve law enforcement authorities in prosecuting Users who violate Website security.
You agree not to attempt any unauthorized access to any part or component of the Website; and You agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action solely against such User independently of, and without recourse to, us.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.
We may alter these terms and conditions from time to time, and your use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
We reserve the right to modify or remove, temporarily or permanently, the Website (or any part of the Website) with or without notice to you and you agree that we shall not be liable to you or any third party for any modification to or removal of the Website.
The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or removal of all or part of the Website.
We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. No right, title or interest in any downloaded or accessed materials or software is transferred to you as a result of such downloading, copying or use. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content, without Our express written consent.
The Website is Copyright, Janus Computer Systems, Inc. All rights reserved.
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO ANY OF THE INFORMATION, CONTENT, OR MATERIALS WE PLACE ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEBSITE.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL DAMAGES; IN ANY CASE WHETHER OR NOT SUCH DAMAGES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party’s hypertext link.
Notwithstanding any other provision in the Conditions, nothing shall limit your rights r under applicable law where or insofar as such rights cannot be derogated from or abrogated by contract.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
These Conditions and documents referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions.
These Conditions will be exclusively governed by and construed in accordance with the laws of the State of Connecticut, whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
You may send us notices under or in connection with these Conditions by Certified mail to Janus Computer Systems, Inc., 900 Chapel Street, Suite 620, New Haven, CT 06510 or by email to info@JanusSystems.com. As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which should be retained by you.
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Procedure for Making and Responding to Claims of Copyright Infringement
It is the policy of Janus Computer Systems, Inc. to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Janus Computer Systems, Inc’s Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Janus Computer Systems, Inc.’s Designated Agent listed below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Janus Computer Systems, Inc.’s Designated Agent that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Janus Computer Systems, Inc. to locate the material; Information reasonably sufficient to permit Janus Computer Systems, Inc. to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Janus Computer Systems, Inc.’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
Janus Computer Systems, Inc.
250 West Main Street
Branford, CT 06405
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site.
Upon receipt of a valid notification of alleged copyright infringement by a third party, Janus Computer Systems, Inc. shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer or by Janus Computer Systems, Inc., if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.
To be effective, a counter notification must be a written communication provided to the Janus Computer Systems, Inc.’s Designated Agent that includes the following:
A physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If Janus Computer Systems, Inc. receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Janus Computer Systems, Inc. has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Janus Computer Systems, Inc.’s system.
You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for shall be liable for any damages, including costs and attorneys’ fees, incurred by any copyright owner or copyright owner’s authorized licensee, or by Janus Computer Systems, Inc., if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
RULES FOR THE USE OF JANUS COMPUTER SYSTEMS, INC. FORUMS:
Janus’ Online Services are not actively monitored and Janus is not responsible for the content of any messages that are posted. Janus has the right, but not the obligation, to monitor any activity and content associated with the Online Services. Janus does not vouch for or warrant the accuracy, completeness, or usefulness of any message. The messages express the views of the author of the message, not the views of Janus. Janus reserves the right, in its sole discretion, to edit, delete, or refuse to post any message or thread for any reason whatsoever.
Any user who feels that a posted message is objectionable should contact Janus by sending an email to info@JanusSystems.com.
You agree that you will not upload, post, email or otherwise transmit any material that may infringe any person or entity’s intellectual property rights (including patents, trademarks, trade secrets, copyright or other intellectual or other property right).
You agree not to upload, post, email or otherwise transmit any material which (a) is defamatory, libelous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law, (b) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, (c) may infringe any person or entity’s intellectual property rights (including patents, trademarks, trade secrets, copyright or other intellectual or other property right). By posting any material, you confirm, represent and warrant that you have the lawful right to distribute and reproduce such material.
By posting any material, you confirm, represent and warrant that you have the lawful right to distribute and reproduce such material.
You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
You agree not to repeatedly post the same or similar message (“flooding”) or post excessively large or inappropriate images.
Without Janus’ written permission you will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.
Postings to Online Services become public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return.
Janus reserves the right to issue warnings, suspend or terminate the registration of users who refuse to comply with these rules. Janus may modify these rules from time to time and such modifications will be effective and binding on you when posted online.
You will remain solely liable for the content of any messages or other information you upload or transmit.
By using Janus’ Online Services, you grant Janus the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the content you post to publicly accessible areas of the JanusSystems.com site.
Janus may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that is suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
Recognizing the global reach of the internet, you agree to comply with all local rules regarding online conduct and acceptable content.
WE TAKE PRECAUTIONS WITH CUSTOMER INFORMATION AND PERSONAL DATA, HOWEVER, EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, WE DO NOT ACCEPT RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM ANY SECURITY BREACHES THAT MAY OCCUR.
Janus' principal office is in Branford, CT to be centrally located to its customer base
This allows us to service clients in the following areas and more: