Agreement to Terms of Use

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These Terms and Conditions of Use (the “Terms of Use”) apply to all mobile and smart-speaker apps provided by Artemis Consulting, and all associated apps from Artemis Consulting, its subsidiaries and affiliates (collectively, the “Apps”). The Apps are the property of Artemis Consulting, Inc. (“Artemis”) and its licensors. BY USING THE APP, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE APP.

Artemis reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the App following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Artemis grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the App.

 

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the App is owned, controlled or licensed by or to Artemis, and is protected by trademarks, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other app, computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Artemis’ express prior written consent.

 

Your Use of the App

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App, its backend services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App. Artemis reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to any Artemis server, or to any of the services offered on or through the App, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other user of the App, or any other customer of Artemis, including any App account not owned by you, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the App.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App or Artemis’ systems or networks, or any systems or networks connected to the App, to Artemis, or its hosting sites.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted on the App, or with any other person’s use of the App.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Artemis on or through the App. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the App or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Artemis or others.

 

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the App, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the App or for any service offered on or through the App, the latter terms shall control with respect to your use of that portion of the App or the specific service.

Artemis’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this App should be construed to alter such agreements.

Artemis may make changes to any part of the App or its Content, without notice. The Content on the App may be inaccurate or out of date, and Artemis makes no commitment to update the Content on the App in a timely fashion.

 

Accounts, Passwords and Security

Certain features or services offered on or through the App may require you to create an account (including setting up an Apple ID and password, Amazon ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify the account provider (Apple, Amazon, etc.) immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Artemis or any other user of or visitor to the App due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Artemis cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

Privacy

Please review Artemis’ Privacy Policy provided separately. Use of the App indicates that you understand and accept the Privacy Policy.

 

Links to Other Companies and Apps

This App may contain referrals to other independent third-party Web sites or Apps (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Artemis’ control, and Artemis is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

Disclaimers

ARTEMIS DOES NOT PROMISE THAT THE APP OR ANY CONTENT, SERVICE OR FEATURE OF THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APP WILL PROVIDE SPECIFIC RESULTS. THE APP AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE APP IS SUBJECT TO CHANGE WITHOUT NOTICE. ARTEMIS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APP WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ARTEMIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ARTEMIS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APP. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ARTEMIS FOR DISSATISFACTION WITH THE APP OR ANY CONTENT IS TO STOP USING THE APP OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Artemis reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the App, or any portion of the App, for any reason; (2) to modify or change the App, or any portion of the App, and any applicable policies or terms; and (3) to interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

Limitation of Liability

Except where prohibited by law, in no event will Artemis be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Artemis has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Artemis is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the App or any Content, Artemis’ liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the App paid in the six months prior to the date of the initial claim made against Artemis, or (2) US$0.01. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

Indemnity

You agree to indemnify and hold Artemis, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Artemis by any third party due to or arising out of or in connection with your use of the App.

 

Violation of These Terms of Use

Artemis may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the App, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Artemis’ rights or property, or the rights or property of visitors to or users of the App, including Artemis’ customers. Artemis reserves the right at all times to disclose any information that Artemis deems necessary to comply with any applicable law, regulation, legal process or governmental request. Artemis also may disclose your information when Artemis determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You agree that Artemis may, in its sole discretion and without prior notice, terminate your access to the App and/or block your future access to the App if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the App. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Artemis, for which monetary damages would be inadequate, and you consent to Artemis obtaining any injunctive or equitable relief that Artemis deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Artemis may have at law or in equity.

You agree that Artemis may, in its sole discretion and without prior notice, terminate your access to the App, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the App or any service offered on or through the App, or (4) unexpected technical issues or problems.

 

Void Where Prohibited

Artemis administers and operates the its App from its location in the United States. Although the App is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the App are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Artemis reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature or service made on the App is void where prohibited. If you choose to access the App from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

Miscellaneous 

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the App, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Artemis with regard to your use of the App, and any and all other written or oral agreements or understandings previously existing between you and Artemis with respect to such use are hereby superseded and cancelled. Artemis rejects any counter-offers to these Terms of Use. Artemis’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Artemis of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Artemis and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Artemis provides access to the internet and, therefore, may contain references or cross references to Artemis products and services that are not announced in your country. Such reference does not imply that Artemis in your country intends to announce such products or services.

 

Feedback and Information 

Any feedback you provide to Artemis shall be deemed to be non-confidential. Artemis shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

Copyright © 2019-2020 Artemis Consulting, Inc. All rights reserved.

Artemis Consulting, Inc.

 

Updated by Artemis Consulting on Nov 19, 2019