Terms of Use

artemis.com Terms of Use
Last updated March 1, 2022
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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

This Terms of Use Agreement (the “Agreement”) governs your use of the artemis.com web site (the “Site”), as well as your use of the various products and services offered through the Site (the “Services”), whether now known or hereafter developed. This Agreement constitutes a legally binding agreement between you and Artemis Networks LLC, including our affiliates, agents, successors and assigns (collectively, “Artemis,” “we,” “our,” “us”). Please read this Agreement carefully. Your use of the Site, its Services, or the Site information (as defined below) will constitute your agreement to comply with and be bound by the terms of this Agreement, which we may change at any time. Please review these terms periodically for changes. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Site.
 

Ownership of the Site and Site Information
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‍The Site is expressly owned and operated by Artemis. Unless otherwise noted, the design and content features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the “Site Information”), are owned by Artemis or its affiliates or are licensed from third party service providers by Artemis. The Site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all applicable rights are reserved.

Site Information

Site Information is provided “as is” with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. We may change, delete or update any Site Information at any time and without prior notice. You agree that Artemis and its third party service providers are not responsible, and shall have no liability to you, with respect to any Site Information.

Your Use of this Site

The Site is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Except as set forth in this Agreement, the Site does not grant to you any right to use, reproduce, download, upload, print, modify, delete, add to, post, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process, any Site Information. You may not authorize others to use the Site or Services, and you are responsible for all use of the Site and the Services by you and by those you allow to use, or provide access to, the Site and theServices. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
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Subject to this Agreement, you are hereby granted a non-exclusive, limited, non-transferrable personal license to access the Site and Site Information, in accordance with this Agreement. You represent and warrant that your use of Site Information will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. We reserve all rights not expressly granted herein, and may terminate this license at any time for any reason or no reason.

Limitations on Use of the Site
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The following rules and limitations on use of the Site or your access to part, or all, of the Site are applicable and are subject to change in our sole discretion without notice or penalty.

Specific Prohibited Uses

The Site may be used only for lawful purposes by individuals using our authorized services.  You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Artemis specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

a. Posting any information which is incomplete, false, inaccurate or not your own;
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b. Impersonating another person;

c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
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d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
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e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
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f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
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g. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
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h. Attempting to interfere in any way with the Site’s or Artemis’ networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.

Security Rules

Violations of system or network security may result in civil or criminal liability. Artemis will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations.  You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;

b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
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c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or

d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Proprietary Rights

As between you and Artemis, (or other company whose marks appear on the Site), Artemis (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.

Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part.  Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us.  You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Artemis.  If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.  We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.

The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.

Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Artemis or other entities.  Such trademarks, service marks and trade names may be registered in the United States and internationally.

Our logos and service names are our trademarks.  Without our prior written permission, you agree not to display or use any of our marks in any manner.  Nothing on the Site should be construed to grant any license or right to use any of our marks without our prior written consent.

Indemnity

You hereby agree to indemnify, defend and hold us and our agents, directors, officers, employees, shareholders and all other related persons or entities harmless from and against any and all liability and costs (including reasonable attorneys’ fees and court costs) incurred in connection with any claim arising out of your use of the Site, any act (or failure to act) by you or other users of your account or any breach by you of this Agreement, including, without limitation, the representations, warranties and covenants made by you herein.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

1.  IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, COVER, LOSS OF REVENUE OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES TO YOU OR TO ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF TWENTY-FIVE DOLLARS ($25) IN CONNECTION WITH YOUR USE OF OR ACCESS TO OR INABILITY TO ACCESS THE SITE.

2.  THE SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, SOFTWARE, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE SERVICES, INFORMATION, FUNCTIONS AND MATERIALS AVAILABLE THROUGH THE SITE, FOR ANY SERVICES OR PRODUCTS OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY SERVICES, CONTENT OR MATERIALS CONTAINED THEREIN WILL MEET YOUR NEEDS, BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT A USER'S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO INFORMATION OBTAINED BY A USER THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Release

In the event that you have a dispute with a third party arising from or in connection with your use of the Site, you hereby agree to release, remise and forever discharge us and our agents, officers, directors, employees, shareholders and all other related persons or entities from any and all manner of rights, complaints, demands, claims, causes of action, proceedings, obligations, liabilities, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute or your use of the Site. If you are a California resident, you hereby waive California Civil Code § 1542, which states in part: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.

Links to Other Sites

This Site contains links to third-party web sites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. Linked sites are owned and operated by independent retailers or service providers, and therefore, we cannot ensure that you will be satisfied with their products, services, or business practices. Nor can we control the information collected by such third parties even if it relates to our Site or Services. When you access and use any such third-party site, your rights and responsibilities will be governed by the terms of use and policies of that site, and not those of this Site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

Digital Millennium Copyright Act Complaints

If you are a copyright owner or authorized to act on behalf of a copyright owner and believe that any Site Information provided through or in connection with the Site infringes upon or otherwise conflicts with any copyright you own or for which you are authorized to act on behalf of the copyright owner, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

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 are covered by a single notification, a representative list of such works; 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 us to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send all of the above to our copyright agent:
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Artemis Networks LLC
Attn: Legal Department
211 South Whisman Road, Suite D
Mountain View, CA 94041

You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.

Choice of Law and Forum

This Agreement is governed by the laws of California, excluding its rules governing conflicts of laws. You irrevocably agree that such jurisdiction and venue will be the sole and exclusive jurisdiction and venue of any legal dispute. You covenant not to sue us in any other forum for any cause of action.

Limitation on Time to File Claims

Any cause of action you may have hereunder or with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action first arises.

General Information

This Agreement constitutes the entire agreement between you and us with respect to your use of the Site, superseding any prior agreements between you and us.  You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any such right or provision.

You agree that no joint venture, partnership, employment, or agency relationship exists between us and you as a result of these Terms or your use of the Site.

If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

This Agreement inures to the benefit of our successors, assigns and licensees.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Modification to the Terms of Use

We reserve the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Your continued access to and use of the Site and Services will constitute your acceptance of any changes or revisions to the Agreement. We may change, suspend, or discontinue any aspect of the Site or its service at any time, including availability of any feature, database, or content. We may also impose limits on certain features and Services or restrict your access to all or parts of the Site without notice or liability.

Privacy Policy

artemis.com Privacy Policy
Last updated March 1, 2022

This Privacy Policy tells you how we collect, use and share information we collect on the Site. By using the Site and submitting information you agree that we may use and disclose your information according to the terms of this Privacy Policy.

Information we collect

You are not required to provide any personally identifiable information to us in order to visit the Site.  When you visit our Site we may collect Personal Information you provide and information we automatically collect (as discussed below).

“Personal Information” is information that, directly or indirectly, identifies you or another individual and which may include: name, title, company name, expertise, postal address, telephone number, email address, browser and device information (including Internet Protocol (IP) address), and information collected through cookies and other similar technologies. If you submit any Personal Information relating to other people to us or to our service providers in connection with the Site, you represent that you have the authority to do so, have provided a copy of this Privacy Policy to the relevant individual, and that they permit us to use the information in accordance with this Privacy Policy.

When you communicate with or request information from us, we may collect Personal Information you choose to provide, including your name, mailing address, phone number, and email address, which we may use to contact you.

We gather certain information automatically via log files. This collected information may include your IP address (or proxy server), device and application identification numbers, your general location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage. We may also use technologies that collect information about aggregate user behavior on our Site.

We currently do not use cookies, web beacons or similar technology. We do not currently allow third parties may collect information about a consumer’s online activities over time and across different websites when he or she uses our website.  We will modify this Privacy Policy if those tools are put into use in the future.

We currently do not use technology that responds to Do Not Track signals from your browser.

How we use your information

We use the collected information for our general commercial purposes such as to improve our Site, grow our business, monitor quality control, ensure compliance with applicable regulations, ensure security of the Site, and to offer our own or third-party products or services that we think you may find of interest.  We use your contact information to respond to your inquiries or to provide information on products or services to you.  When you provide us with your email address, you agree that we may contact you by email at the address provided, and you agree to allow us to add your email address to our user database. We may use your email address to contact you periodically with news or other information about us or the Site.

We may use aggregated or technical information to understand and analyze trends, to administer the Site, to learn about user behavior on the Site, and to gather demographic information about our user base as a whole. We may also use this information in our marketing and advertising services. If we combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.

Disclosing your Personal Information

We may reveal information about you to unaffiliated third parties:
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• if you request or authorize it;

• if it is necessary to provide the information to complete a transaction for you;

• if the information is provided to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our Terms of Use or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.);

• if the disclosure is done as part of a restructure, purchase, transfer or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, customer information may be one of the transferred assets);

• if the information is provided to our agents, outside vendors or service providers to perform functions on our behalf (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, etc.);

• if the information is provided to our professional advisors (such as lawyers or accountants); or

• as otherwise described in this Privacy Policy.

We may from time to time share your Personal Information with our partners and others for marketing purposes.

We may disclose aggregated or de-identified information for any purpose, and may aggregate this data to help us provide more useful information to our customers and to understand which parts of our Site and Services are of most interest.

Data security

We have implemented appropriate and reasonable organizational, technical, and administrative measures to protect Personal Information from loss, misuse, interference and unauthorized access, modification and disclosure and contractually require our service provider to do so as well.  However, you should keep in mind that, no data transmission over the Internet or encryption method can be guaranteed to be 100% secure. We cannot guarantee the security of any information you transmit to us or our Site, and therefore you use our Site at your own risk. Please also take care when sending us Personal Information by email as email communications are not secure. In the event of a breach of the confidentiality or security of your personal information, you agree that we may notify you under such circumstances using any email address you may provide via the Site.

Accessing your information and your choices

We make good faith efforts to provide you with access to your personal information so you can request that we correct the data if it is inaccurate or delete the data if we are not required to retain it by law or for legitimate business purposes.  You can update your contact information or opt out of being contacted by emailing us at privacy@artemis.com.  We will retain your personal information for the period necessary to fulfill such business purposes unless a longer retention period is required or permitted by law.

You can choose not to receive emails from us by “unsubscribing” using the instructions in any email you receive from us. This will not stop us from sending service emails about your account or your transactions with us.

Children’s information

This Site is not designed nor intended to be attractive to use by children under the age of 13. We do not knowingly collect information from children under the age of 13.  If you are under 13, please do not submit any information to us.  If we are informed that a child under 13 has submitted information to us, we will promptly delete it. By using the Site, you hereby represent that you are at least 13 years old.

Data processing and cross-border data transfers

Our Site is maintained on servers located in the United States, and Personal Information submitted is stored on our servers in the United States. If you are visiting our Site from outside the United States, please be advised that your information is transferred to our U.S. servers.  Disclosing your Personal Information to us pursuant to this Privacy Policy is at your own risk.  We strive to comply with laws of jurisdictions in which we maintain operations, but we make no representations that the practices described in this Privacy Policy are compliant with laws outside those jurisdictions that apply to the collection, security, use and disclosure of Personal Information.

Notices to California residents

Your California Privacy Rights
California residents with an established business relationship with us are permitted by California law once a year to request information about the manner in which we shared certain categories of information with others for their marketing purposes during the prior calendar year. To make such a request, please send us an email at: California-privacy@artemis.com

California Consumer Privacy Act Notice

At this time we are not required to comply with the California Consumer Privacy Act (CCPA). We will update this Privacy Policy to provide additional disclosures when we qualify for coverage under the CCPA.

Notice to Nevada residents

We do not transfer Personal Information for monetary consideration. If you would like to tell us not to sell your information in the future, please email us at privacy@artemis.com  with your name, postal address, telephone number and email address with “Nevada do not sell” in the subject line.

Notice to European Economic Area and United Kingdom residents

For the purposes of the UK Data Protection Act 2018 (the “DPA”), the EU General Data Protection Regulation 2016/679 (the “GDPR”), and the GDPR as it applies in the UK by virtue of the European Union (Withdrawal) Act 2018 (the “UK GDPR”) and other laws globally, we are the “controller” and are responsible for deciding how Personal Information is used, collected, and processed, unless expressly specified otherwise.  Our details and contact information are set forth below under the "Contacting us" section.   By using or accessing the Site, or by providing Personal Information to us on or through the Site, you acknowledge that you have read and understood the policies and procedures described in this Privacy Policy.  This Privacy Policy does not apply to the practices of third parties that we do not own or control, or to individuals that we do not employ or manage.

For European Economic Area (“EEA”) and UK residents only: Under EEA and UK data protection law, in certain circumstances, you have the right to:

• Request access to any Personal Information we hold about you (“Subject Access Request”) as well as related information, including the purposes for processing the Personal Information, the recipients or categories of recipients with whom the Personal Information has been shared, where possible, the period for which the Personal Information will be stored, the source of the Personal Information, and the existence of any automated decision making;

• Obtain without undue delay the rectification of any inaccurate Personal Information we hold about you;

• Request that Personal Information held about you is deleted;

• Prevent or restrict processing of your Personal Information; and

• Request transfer of Personal Information directly to a third party where this is technically feasible.

Also, where you believe that we have not complied with its obligation under this Privacy Policy or UK or EEA law, you have the right to make a complaint to a UK or an EU Data Protection Authority, such as the UK Information Commissioner’s Office.

You can exercise any of these rights by contacting us using the details under “Contact” below.

We aim to respond to requests made by you within one (1) month but may extend that period by two (2) further months where necessary.

Changes to the Privacy Policy

We may amend this Privacy Policy at any time.  The Privacy Policy in effect at the time you use the Site governs how we may use your information.  If we make material changes, we will post the revised version of this Privacy Policy and the revised effective date on this Site.  Please check back here from time to time to review any changes.
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Contact

If you have questions or concerns regarding our Terms of Use Agreement [make hyperlink to top of Terms of Use], our Privacy Policy [make hyperlink to top of Privacy Policy], or the Site, please feel free to contact us at:

Artemis Networks LLC
Attn: Legal Department
211 South Whisman Road, Suite D
Mountain View, CA 94041