Artemis Aura - Terms of Use
Last Revised: June 10th, 2024
Artemis Aura its subsidiaries and affiliates ("Artemis",
"Company" or "we") welcome you ("User" or
"you") to our full featured interactive mobile device applications
(the "App (s)" as further defined below). Users may use the Apps in
accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
By installing the Apps on your mobile device, entering into, connecting to,
using and/or accessing any of the Apps, you acknowledge that you have read and
understood the following terms of use including the terms of the Privacy Policy
available at privacy-policy.html (the
"Privacy Policy") (collectively, the "Terms") and you agree
to be bound by them and to comply with all applicable laws and regulations
regarding your use of the Apps and you acknowledge that these Terms constitute
a binding and enforceable legal contract between Artemis and you. IF YOU DO NOT
AGREE TO THE TERMS, PLEASE DO NOT INSTALL ANY OF THE APPS, DO NOT CONNECT TO,
ACCESS OR USE ANY OF THE APPS AND PROMPTLY ERASE ALL ARTERNRIS APPS FROM YOUR
MOBILE DEVICE.
The Apps are offered only to individuals who possess the legal capacity to
enter into these Terms and to form a binding agreement under any applicable
law, or have received the required consent from their legal guardian to enter
into these Terms. Therefore, you hereby represent that you possess the legal
authority to enter into these Terms and to form a binding agreement under any
applicable law, to use the App in accordance with these Terms, and to fully
perform your obligations hereunder. If you are under the age of 18, you
represent that your legal guardian has reviewed and agreed to these Terms.
2. The Apps
Artemis offers various mobile applications (collectively referred to herein as
the "Apps"). Note that the Apps may include local notifications that
are sent to a User directly on his/her mobile device. Certain of the Apps may
permit in-app purchases, even if such Apps were downloaded for free. Such
in-app purchases may not require the re-entry of credit card information as
such in-app purchases will be made through an existing account with a third
party distributor (for example, Apple's App Store or Google Play Store ).
Please note that the Apps may only be available for certain operating systems
(such as iOS, Android, Windows OS, or Windows 8). The User may only download
and use the Apps on a device running validly licensed copies of the operating
systems on which the Apps were designed to operate. To be able to access and/or
use the Apps, or any portion thereof, User must legally obtain all the
applicable or required facilities, utilities, software and equipment at his/her
sole risk and expense.
Note: We may make some Apps available to you at no charge and others for a fee,
as further described on our Apps detail pages. If such requested fees are not
paid, it may result in the User not being able to access the Apps or certain
parts thereof. In addition, you hereby acknowledge and agree that you may be
charged for Internet and data usage charges made through use of the Apps,
according with the applicable rates charged by your respective third party
internet and data usage service provider as may be from time to time.
Certain features may be applicable in our Apps:
2.1. Facebook Connect: Users who wish to share their scores or
pictures on some of the Apps with their friends on Facebook, can use the
feature "Facebook" or "Like Us" which may be available in
the Apps. By using this feature, Users can, inter alia, post on their Facebook
wall their scores or pictures in the Apps and any other text, and get more
information on Artemis’ official Facebook.
2.2. Social Integration: Our Apps may allow for social integration
with certain third party social networks or platforms (such as, Apple Game
Center, Google Play Games, Amazon GameCircle) ("Social Network" or
"Platform") (the "Game Center Feature"). The Game Center
Feature enables the User to engage in social game related activities, such as
tracking the User achievements, comparing scores with other Users, etc. These
Social Network and Platforms are created and maintained by third parties who
are not affiliated with and/or controlled by Artemis. If you enable this
integration, your use of the Game Center Feature is subject to the applicable
third party Social Network or Platform terms of use and privacy policies (i.e.,
Apple Game Center which terms are available at:
https://www.apple.com/legal/internet-services/itunes/gamecenter/us/terms.html;
Google Play Games which terms are available at:
https://play.google.com/intl/en_us/about/device-terms.html;
and Amazon GameCircle feature which terms are available at:
https://www.amazon.com/gp/help/customer/display.html?nodeId=201371550).
If you do not agree to the practices described in such terms you should not
allow our Apps to integrate with such Social Networks or Platforms, however you
may find that you are not able to enjoy all the features available by the Apps.
Artemis is not responsible and have no liability for your use of such Social
Networks or Platforms.
TO THE EXTENT LEGALLY PERMISSIBLE, THE APPS ARE PROVIDED "AS IS". ARTERNRIS
WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON
AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP(S).
YOUR USE OF THE APP(S) IS ENTIRELY AT YOUR OWN RISK.
3. User Restrictions
There are certain conducts which are strictly prohibited when using the Apps.
Please read the following restrictions carefully. Failure to comply with any of
the provisions set forth herein may expose a User to civil and/or criminal
liability.
You may not (and you may not permit any User or third party to):
(a) use the Apps for any illegal, immoral, unlawful and/or unauthorized
purposes;
(b) use the Apps and/or Content (as such term is defined below) for
non-personal or commercial purposes without Company's express prior written
consent;
(c) fail to pay any fees (to the extent applicable), if, for example, your
credit card was blocked or the use thereof was limited in any way;
(d) interfere with or violate Users' rights to privacy and other rights, or
harvest or collect personally identifiable information about Users without
their express consent, whether manually or with the use of any robot, spider,
crawler, any search or retrieval application, or use other manual or automatic
device, process or method to access the Apps and retrieve, index and/or
data-mine information;
(e) interfere with or disrupt the operation of the Apps or the servers or
networks that host the Apps, or disobey any laws or regulations or
requirements, procedures, policies, or regulations of such servers or networks;
(f) falsely state or otherwise misrepresent your affiliation with any person or
entity, or express or imply that the Company endorses you, your site, your
business or any statement you make, or present false or inaccurate information
about the Apps;
(g) take any action that imposes, or may impose, an unreasonable or
disproportionately large load on our platform infrastructure, as determined by
us;
(h) bypass any measures we may use to prevent or restrict access to the Apps;
(i) copy, modify, alter, adapt, make available, translate, port, reverse
engineer, decompile, or disassemble any portion of the content made accessible
by Artemis on or through the Apps, including any information, videos, text,
graphics, software programs used by Artemis in connection with the Apps,
materials, descriptions, data obtained from or through the Apps (collectively,
the "Content"), or publicly display, reproduce, create derivative
works from, perform, distribute, or otherwise use such Content, other than as
permitted under these Terms;
(j) copy, distribute, display, execute publicly, make available to the public,
reduce to human readable form, decompile, disassemble, adapt, sublicense, make
any commercial use, sell, rent, transfer, lend, process, compile, reverse
engineer, combine with other software, translate, modify or create derivative
works of any material that is subject to Artemis’ proprietary rights, including
Artemis’ Intellectual Property (as such term is defined below), in any way or
by any means, unless expressly permitted in the Terms;
(k) make any use of the Content on any other site or networked computer
environment for any purpose, or replicate or copy the Content without Artemis’ prior
written consent;
(l) create a browser or border environment around Artemis Content (no frames or
inline linking is allowed);
(m) sell, license, or exploit for any commercial purposes any use of or access
to the Apps and/or Content;
(n) frame or mirror any part of the Apps without Artemis’ prior express written
authorization;
(o) create a database by systematically downloading and storing all or any of
the Content from the Apps;
(p) transmit or otherwise make available in connection with the App any virus,
worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code,
file, or program that may or is intended to damage or hijack the operation of
any hardware, software, or telecommunications equipment, or any other actually
or potentially harmful, disruptive, or invasive code or component; (q) remove
or disassociate, from the Content and/or the Apps any copyright, trademark or
other proprietary notices contained in such materials (such as ©,™, or ®);
(r) infringe and/or violate any of the Terms.
4. License
Subject to the terms hereof, Artemis hereby grants to you, and you accept, a
personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and
fully revocable limited license to download and use the App(s) on your
authorized mobile telephone, device or tablet that you own or control
("Device") solely for the limited purpose of your internal
non-commercial use, and for no other purpose, strictly in accordance with the
Terms, the applicable Usage Rules (defined below) and applicable law.
The Terms do not convey to you an interest in or to the Company Intellectual
Property (defined below) but only a limited revocable right of use in
accordance with the Terms. Nothing in the Terms constitutes a waiver of the
Company's Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Artemis
regarding the Apps ("Feedback"), Artemis shall have an-exclusive,
royalty-free, fully paid up, worldwide, perpetual and irrevocable license to
incorpórate the Feedback into
any Artemis current or future products, technologies or services and use same
for any purpose all without further compensation to you and without your
approval. You agree that all such Feedback shall be deemed to be
non-confidential.
Further, you warrant that your Feedback is not subject to any license terms
that would purport to require Artemis to comply with any additional obligations
with respect to any Artemis current or future products, technologies or
services that incorporate any Feedback.
5. Ownership; Copyright Protection
The Apps, the Content and the Company's proprietary assets and any and all
intellectual property rights pertaining thereto, including, but not limited to,
inventions, patents and patent applications, trademarks, trade names,
copyrightable materials, graphics, text, images, designs (including the
"look and feel" of the Apps) specifications, methods, procedures,
information, know-how, algorithms, data, technical data, interactive features,
source and object code, files, interface, GUI and trade secrets, whether or not
registered or capable of being registered (collectively, "Intellectual
Property"), are owned by and/or licensed to the Company and are protected
by applicable copyright and other intellectual property laws and international
conventions. Notwithstanding anything to the contrary herein, you agree that
the Apps are licensed hereunder, not sold. All rights not expressly granted to
you hereunder are reserved by the Company and its licensors.
6. Advertisements
We accept advertisements from third party ad networks, as further detailed in
our Privacy Policy.
Please note that the Company makes no warranties or representations concerning
such advertisements, whether or not the Company has controlled over such
advertisements. The Company, ad networks, advertisers and/or third-parties
related thereto may be entitled to certain shares of the earnings from such
advertisements. You agree, acknowledge and consent that you will not be
entitled to any compensation with respect to such monetary amounts.
7. Trademarks and Trade names
" Artemis ", Artemis ™, Artemis’ marks and logos and all other proprietary identifiers
used by the Company in connection with the Apps ("Company
Trademarks") are all trademarks and/or trade names of the Company, whether
or not registered. All other trademarks, service marks, trade names and logos
which may appear on the Apps belong to their respective owners ("Third
Party Marks"). No right, license, or interest to the Company Trademarks
and the Third Party Marks is granted hereunder, and you agree that no such
right, license, or interest may be asserted by you with respect thereto and
therefore you will avoid using any of those marks, except as permitted herein.
8. Links to Third Party Sites
Certain links provided herein permit our Users to leave our Apps and enter non-
Artemis sites or services. Those linked sites and services are provided solely
as a convenience to you. These linked sites and services are not under the
control of Artemis and it is not responsible for the availability of such
external sites or services, and does not endorse and is not responsible or
liable for any content advertising, products or other information on or
available from such linked sites and services or any link contained in linked
sites or service. Your access to, use of and reliance upon any such sites, services
and content and your dealings with such third parties are at your sole risk and
expense. Artemis reserves the right to terminate any link at any time. You
further acknowledge and agree that the Company shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused, by or in connection with use of or reliance on any services, content,
products or other materials available on or through such linked sites or
resource. Most of such linked sites and services provide legal documents,
including terms of use and privacy policy, governing the use thereof. It is
always advisable to read such documents carefully before using those sites and
services, inter alia, in order to know what kind of information they are collecting.
9. Privacy Policy
We respect your privacy and are committed to protect the information you share
with us. We believe that you have a right to know our practices regarding the
information we collect when you connect to, access or use the Apps. Our policy
and practices and the type of information collected are described in details in
our Privacy Policy at: Privacy Policy which is
incorporated herein by reference. If you intend to connect to, access or use
the Apps you must first read the Privacy Policy and accept the terms therein.
Please note that your use of the Game Center Feature is subject to the
applicable third party Social Network or Platform terms of use and privacy
policies.
10. Usage Rules
Since you are downloading the App from a third party platform, service provider
or distributor ("Platform Provider") your use of the App may also be
governed by usage rules which the Platform Provider may have established and
which relate to your use of the App ("Usage Rules"). Certain Usage
Rules are described below in Section 21, but other Usage Rules may apply and it
is your responsibility to determine what other Usages Rules are applicable to
your use of the App. You undertake to comply with all the applicable Platform
Provider's Usage Rules and the Usage Rules applicable to your use of the App
are incorporated herein by reference. In the event of a conflict between the Terms
and the terms of any applicable Usage Rules, which relates solely to the
Platform Provider's representations, warranties, restrictions on use of the
Apps, obligations, limitation of liability (to the extent applicable to the
Platform Provider) and/or other provisions that impose any responsibility on
the Platform Provider, the terms of the applicable Platform Provider's Usage
Rules shall prevail. You represent that you are not prohibited by any
applicable laws or Usage Rules from downloading and/or using the App. Any
download and/or use of the App by anyone prohibited by any applicable laws or
Usage Rules from downloading and/or using the App is expressly prohibited.
11. Special provisions relating to Third Party Components
The Apps may use or include third party software, files and components that are
subject to open source and third party license terms ("Third Party
Components"). Your right to use such Third Party Components as part of, or
in connection with, the Apps is subject to any applicable acknowledgements and
license terms accompanying such Third Party Components, contained therein or
related thereto. If there is a conflict between the licensing terms of such
Third Party Components and these Terms, the licensing terms of the Third Party
Components shall prevail in connection with the related Third Party Components.
These Terms do not apply to any Third Party Components accompanying or
contained in the Apps and Artemis disclaims all liability related thereto. You
acknowledge that Artemis is not the author, owner or licensor of any Third
Party Components, and that Artemis makes no warranties or representations,
express or implied, as to the quality, capabilities, operations, performance or
suitability of Third Party Components. Under no circumstances shall the Apps or
any portion thereof (except for the Third Party Components contained therein)
be deemed to be "open source" or "publicly available"
software.
12. Availability
The Apps' availability and functionality depend on various factors, such as
software, hardware and the Company's services' providers and contractors. The
Company does not warrant or guarantee that the Apps will operate at all times
without disruption or interruption, or that it will be immune from unauthorized
access or error-free.
13. Changes to the App
The Company reserves the right to modify, correct, amend, enhance , improve,
make any other changes to, or discontinue, temporarily or permanently, the Apps
(or any part thereof) without notice, at any time. In addition, you hereby
acknowledge that the Content provided under the Apps may be changed, extended
in terms of content and form or removed at any time without any notice to you.
You agree that Artemis shall not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Apps and/or the Content
included therein. You hereby agree that the Company is not responsible for any
errors or malfunctions that may occur in connection with the performing of such
changes.
If Artemis supplies to you any updates, upgrades and any new versions of the
App ("Updates") according to its then current policies, it may
include automatic updating or upgrading of the App with or without any
additional notice to you, you consent thereto and the Terms will govern any
such Updates unless these are accompanied by a separate license agreement which
will prevail, and all references herein to the App shall include such Updates.
For clarity, Artemis has no obligation to provide Updates.
14. Amendments to the Terms
The Company may, at its sole discretion, change the Terms from time to time,
including the privacy policy available at: Privacy Policy or any other
policies incorporated thereto, so please re-visit this page frequently. In case
of any material change, we will make reasonable efforts to post a clear notice
on the Apps and/or our website at www.artemisaura.com.
Such material changes will take effect seven (7) days after such notice was
provided on our App and/or website, whichever is the earlier. Otherwise, all
other Changes to these Terms are effective as of the stated "Last
Revised" and your continued use of the Apps on or after the Last Revised
date will constitute acceptance of, and agreement to be bound by, those
changes. In the event that the Terms should be amended to comply with any legal
requirements, the amendments may take effect immediately, or as required by the
law and without any prior notice.
15. Disclaimer and Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APPS, THE CONTENT AND THIRD
PARTY COMPONENTS ARE PROVIDED ON AN "AS IS" "WITH ALL
FAULTS" AND "AS AVAILABLE" BASIS, AND ARTERNIS AND ITS VENDORS
(INCLUDING THE APPLICABLE PLATFORM PROVIDERS), INCLUDING OUR AND SUCH VENDORS'
OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND
SUPPLIERS ("COVERED PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR
NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF
TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS
AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT
(I) THAT USE AND OPERATION OF THE APPS IS OR WILL BE SECURE, TIMELY, ACCURATE,
COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS,
OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS,
(II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE APPS,
(III) THE APPS WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER
SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES
SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS,
(IV) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR
OPERATE, OR THE RESULTS OF THE USE OF THE APPS AND/OR CONTENT AVAILABLE THEREON
OR THROUGH THE APPS (INCLUDING THAT THE RESULTS OF USING THE APPS WILL MEET
YOUR REQUIREMENTS).
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
USE OF THE APPS, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR
THE QUALITY OF THE APPS, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR,
FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE
APPS.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR
OTHER ITEMS OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN Artemis.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT
FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE
INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS,
DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
THE DOWNLOAD AND USE OF THE APPS, ANY IN-APP PURCHASES AND/OR OTHER PURCHASE OF
PRODUCTS OR SERVICES THROUGH OR IN CONNECTION WITH THE APPS OR AS A RESULT OF
AN ADVERTISEMENT DISPLAYED THROUGH THE APPS IS DONE AT YOUR OWN RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR
LOSS OF DATA THAT MAY RESULT THEREFROM.
YOU AGREE THAT USE OF THE APPS AND/OR THE CONTENT ARE ENTIRELY AT YOUR OWN
RISK. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS
AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS
MAY NOT APPLY.
16. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL ARTERNIS INCLUDING
THE COVERED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT
LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT
LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT
LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION)
ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APPS (INCLUDING ANY
SERVICES MADE AVAILABLE THROUGH THE APPS), YOUR USE OR INABILITY TO USE THE
APPS, OR FAILURE OF THE APPS TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY
CONTENT THE PERFORMANCE OR FAILURE OF ARTERNIS TO PERFORM UNDER THESE TERMS,
ANY OTHER ACT OR OMISSION OF ARTERNIS OR ANY OF THE COVERED PARTIES, BY ANY
OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR
CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER
LEGAL THEORY, REGARDLESS OF WHETHER REPAIR, REPLACEMENT OR A REFUND FOR THE
APPS DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES AND REGARDLESS OF WHETHER ANY
OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, THIRD PARTY SITES AND/OR THIRD
PARTY CONTENT, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE
MAXIMUM EXTENT LEGALLY PERMISSIBLE, ARTERNIS , ITS VENDORS INCLUDING OUR AND
SUCH VENDORS' OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES,
LICENSORS, AGENTS AND SUPPLIERS TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR
LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY
TO USE THE APPS OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY
YOU, IF ANY, TO ARTERNIS FOR USE OF THE APPS OR $1.00, WHICHEVER IS GREATER.
THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF
THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES.
YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES,
INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES
FROM US AND FROM THE COVERED PARTIES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS
SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY
NOT APPLY.
17. Indemnification
You agree to defend, indemnify and hold harmless the Company, its vendors,
including our and such vendors' officers, directors, employees, affiliates,
subsidiaries, licensors, agents and suppliers from and against all claims,
damages, obligations, losses, liabilities, costs, debts, and expenses
(including but not limited to attorney's fees) arising from:
(i) your use, misuse of , inability to use
and/or activities in connection with the Apps and/or Content;
(ii) your violation of any of these Terms;
(iii) your violation of any third party rights, including without limitation
any intellectual property rights or privacy right of such third party;
(iv) any damage of any sort, whether direct, indirect, special or
consequential, you may cause to any third party with relation to the Apps.
It is hereby clarified that this defense and indemnification obligation will
survive these Terms.
Without derogating from the foregoing, we reserve the right, at our expense, to
assume the exclusive defense and control of any matter which is subject to
indemnification by you, which will not excuse your indemnity obligations
hereunder and in which event you will fully cooperate with us in asserting any
available defense. You agree not to settle any matter subject to an
indemnification by you without first obtaining our prior express written
approval.
18. Termination of these Terms and the Apps operation
These Terms shall remain in effect until terminated as set forth herein. Your
failure to comply herewith shall terminate your license and these Terms. If you
object to any term hereof, as may be amended from time to time, or become
dissatisfied with the App, your may terminate these Terms at any time by
uninstalling our Apps and stopping your use thereof and this will be you sole
remedy in such circumstances. In such circumstance and upon termination of
these Terms in the event of your failure to comply herewith:
(i) the license and all other rights
granted to you hereunder will automatically terminate,
(ii) you must immediately cease all use of the App, delete and destroy all
copies of the App in your possession or control and so certify to Artemis if
required by it,
(iii) Sections 1, 3, 5 through 22, including this Section 18, will survive the
termination of the Terms.
Artemis may at any time, at its discretion, cease the operation of the Apps or
any part thereof, temporarily or permanently, delete any information from the
Apps or correct, modify, amend, enhance, improve and make any other changes
thereto or discontinue displaying or providing any information, content or
features therein without giving prior notice. You agree that Artemis does not
assume any responsibility with respect to, or in connection with the
termination of the App operation and loss of any data.
19. Export and the Location of the User
The Apps are subject to export control laws of the State of Israel and/or may
be subject to additional export control laws applicable to the User or in the
User's jurisdiction, including, without limitation, the United States. The User
agrees that he/she will not ship, transfer, or export the Apps into any
country, or make available or use the Apps in any manner, prohibited by
applicable laws.
In addition, the User represents and warrant that (i) he/she is not located in
a country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a "terrorist supporting"
country; and (ii) that the User is not listed on any U.S. Government list of
prohibited or restricted parties.
20. General
(a) These Terms constitute the entire terms and conditions between you and the
Company relating to the subject matter herein and supersedes any and all prior
or contemporaneous written or oral agreements or understandings between you and
the Company,
(b) any claim relating to the Apps or the use thereof will be governed by and
interpreted in accordance with the laws of the State of Israel without
reference to its conflict-of-laws principles and the United Nations Convention
Relating to a Uniform Law on the International Sale of Goods may not be
applied,
(c) any dispute arising out of or related to the Apps will be brought in, and
you hereby consent to exclusive jurisdiction and venue in, the competent courts
of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack
of personal jurisdiction and forum non-convenience and agree that process may
be served in a manner authorized by applicable law or court rule.
Notwithstanding the foregoing, Artemis may seek injunctive relief in any court
of competent jurisdiction,
(d) these Terms do not, and shall not be construed to create any relationship,
partnership, joint venture, employer-employee, agency, or franchisor-franchisee
relationship between the parties hereto,
(e) no waiver by either party of any breach or default hereunder will be deemed
to be a waiver of any preceding or subsequent breach or default. Any heading,
caption or section title contained herein is inserted only as a matter of
convenience, and in no way defines or explains any section or provision hereof,
(f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE
ARISING OUT OF OR RELATED TO THE APPS MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED,
(g) if any provision hereof is adjudged by any court of competent jurisdiction
to be unenforceable, that provision shall be limited or eliminated to the
minimum extent necessary so that these Terms shall otherwise remain in full
force and effect while most nearly adhering to the intent expressed herein,
(h) you may not assign or transfer these Terms (including all rights and
obligations hereunder) without our prior written consent and any attempt to do
so in violation of the foregoing shall be void. We may assign or transfer these
Terms without restriction or notification,
(i) no amendment hereof will be binding unless in writing and signed by Arternis,
and
(j) the parties agree that all correspondence relating to these Terms shall be
written in the English language.
21. Platform Provider Additional Terms
The following additional terms are required by applicable Platform Providers:
21.1 Apple Inc.
The following applies to you if you downloaded the Apps from the Apple App
Store ("iTunes-Sourced Software"): You acknowledge and agree that (i)
the license granted herein is limited to a non-transferable license to use the
iTunes-Sourced Software on an iOS device that you own or control, (ii) these
Terms are solely between you and Artemis, not Apple Inc. ("Apple"),
and that Apple has no responsibility for the iTunes-Sourced Software or content
thereof, (iii) your use of the iTunes-Sourced Software must comply with Usage
Rules established by Apple, including those set forth in the App Store Terms of
Service effective as of the date you enter into these Terms, and (iv) Apple has
no obligation whatsoever to furnish any maintenance and support services with
respect to the iTunes-Sourced Software.
In the event of any failure of the iTunes-Sourced Software to conform to any
applicable warranty, you may notify Apple, and Apple will refund you the
purchase price you paid, if any, for the iTunes-Sourced Software. To the
maximum extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the iTunes-Sourced Software, and any
other claims, losses, liabilities, damages, costs or expenses attributable to
any failure to conform to any warranty will be solely governed by these Terms
and any law applicable to Artemis as provider of the App.
Artemis and you acknowledge that Artemis, and not Apple, is responsible for
addressing any claims relating to the iTunes-Sourced Software or your
possession and/or use thereof, including, but not limited to: (i) product
liability claims; (ii) any claim that the iTunes-Sourced Software fails to
conform to any applicable legal or regulatory requirement; and (iii) claims
arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the
iTunes-Sourced Software or your possession and use thereof infringes that third
party's intellectual property rights, Arternis, not Apple, will be solely
responsible for the investigation, defense, settlement and discharge of any
such intellectual property infringement claim. You acknowledge and agree that
Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms,
and that, upon your acceptance of these Terms, Apple will have the right (and
will be deemed to have accepted the right) to enforce these Terms against you
as a third party beneficiary thereof.
21.2 Microsoft Corporation.
The following applies to you if you downloaded the App from the Windows Store
and/or purchased any in-App products offered within the Apps for purchase in
the Windows Store ("Windows Store Sourced Software"): (i) you are
permitted to download and run the Windows Store Sourced Software on up to
eighty-one (81) personal Windows 8, Windows RT or successor devices that are
associated with your Microsoft account, without payment of any additional fees
to Artemis (from either Microsoft or you), and (ii) you acknowledge that
Microsoft and your device manufacturer and network operator (if applicable)
have no obligation whatsoever to furnish any support services with respect to
the Windows Store Sourced Software.
The following applies to you if you downloaded the App from the Windows Phone
Store and/or purchased any in-App products offered within the Apps for purchase
in the Windows Phone Store ("Windows Phone Store Sourced Software"):
(i) you are permitted to download and run the Windows Phone Store Sourced
Software on up to five (5) Windows Phone devices associated with your Microsoft
account, without payment of any additional fees to Artemis (from either Microsoft
or you), and (ii) you acknowledge that Microsoft and your device manufacturer
and your wireless carrier (if applicable) have no obligation whatsoever to
furnish any support services with respect to the Windows Store Sourced
Software.
21.3 Samsung Electronics Co., Ltd, and Samsung Affiliated Companies
The following applies to you if you downloaded the App from the Samsung Apps
website at apps.samsung.com ("Samsung Store") ("Samsung Store
Sourced Software"):
You acknowledge that Samsung is (i) acting solely as a distributor in providing
the Samsung Store Sourced Software to you, (ii) is not a party to these Terms,
and (iii) is not responsible for the Samsung Store Sourced Software, the
content and functionalities therein, or any warranties or claims you may have
relating to or your use of the Samsung Store Sourced Software.
Samsung Store Sourced Software may be downloaded any number of times and to a
number of your devices, but in any case no more than ten (10) that are
registered to your Samsung account, provided expressly that no more than one
(1) copy is installed on a single device at any one time. You also acknowledge
that: (a) Samsung may, in its sole discretion, set, reduce or change the number
of your devices to which you can download the Samsung Store Sourced Software;
(b) some Samsung Store Sourced Software, particularly Samsung Store Sourced
Software that you purchase inside or through a Samsung Store Sourced Software,
paid or unpaid, do not allow downloading to multiple devices; and (c) not all
of your devices, regardless of whether it is the same platform or not, may
qualify for multiple downloading.
You understand that Samsung Store Sourced Software includes a security
framework using technology that protects digital information ("Security
Framework"). Your use of the Samsung Store Sourced Software is limited to
certain usage rules established by such Security Framework.
21.4 Amazon Digital Services Inc.
The following applies to you if you downloaded the App from the Amazon Appstore
for Android and associated software, services and purchases ("Amazon
Appstore") ("Amazon AppStore Sourced Software"):
The Amazon AppStore Sourced Software can be used only on mobile devices that
use the Android platform and meet certain other technical requirements which
are described on or through Amazon AppStore Sourced Software detail pages.
You may download additional copies of the Amazon AppStore Sourced Software to
compatible Android devices that have been linked to the Amazon.com customer
account that you used to buy the Amazon AppStore Sourced Software in accordance
with Amazon's rules and policies for the Amazon Appstore.
Any information that Artemis collects from you or your device will not be
subject to the Amazon.com Privacy Notice.
You acknowledge and agree that Amazon is not a party to these Terms and that it
has no responsibility or liability with respect to your use of the Amazon
AppStore Sourced Software or any content or functionality in the Amazon
AppStore Sourced Software.
22. Third Party Components Subject To Open Source Licenses
All Third Party Components are copyrighted by their respective authors. Third
Party Components licensed under open source licenses which may be linked to,
interacted with, or used in connection with our Apps ("Open Source
Component(s)"), are listed below and are hereby incorporated into these
Terms by this reference. The following Open Source Components' licensing
obligations and/or notices are provided for your informational purposes in
connection with the App:
cocos2d (licensed under the MIT license)
Copyright (c) 2010-2012 cocos2d-x.org, Copyright (c) 2008-2010 Ricardo Quesada,
Copyright (c) 2011 Zynga Inc.
The license terms can be found at http://opensource.org/licenses/MIT
cocos2dx (licensed under the MIT license)
Copyright (c) 2010-2012 cocos2d-x.org
The license terms can be found at:
http://www.cocos2d-x.org/projects/cocos2d-x/wiki/About_Us#4-License
cocos builder (licensed under the MIT license)
Copyright 2011 by Viktor Lidholt all rights reserved
The license terms can be found at http://cocosbuilder.com
MKStoreKit (licensed under the MIT license)
Copyright (C) 2011-2020 by Steinlogic Consulting And Training Pte Ltd.
The license terms can be found at https://github.com/MugunthKumar/MKStoreKit
tinyxml (licensed under the zlib license)
Lee Thomason, Yves Berquin, Andrew Ellerton
(C) 2005-2013 Max Planck Institute for Neurological Research Cologne, Germany
The Zlib license terms can be found at http://www.nf.mpg.de/vinci3/doc/license-tinyxml.html
lua-5.2.1 (licensed under the MIT license)
Copyright © 1994–2013 Lua.org,
PUC-Rio.
The license terms can be found at http://www.lua.org/license.html
boost (licensed under the Boost Software License, Version 1.0.)
Copyright Joe Coder 2004 –
2006.
The license terms can be found at http://www.boost.org/LICENSE_1_0.txt
Gmock (licensed under the BSD 3-Clause License)
Copyright 2008, Google Inc. All rights reserved.
The license terms can be found at http://code.google.com/p/googlemock
Box2D (licensed under the Zlib license)
Copyright (c) 2006-2009 Erin Catto
The license terms can be found at http://box2d.org/about
Curl (licensed under MIT/X derivate license)
Copyright (c) 1996 – 2013,
Daniel Stenberg, daniel@haxx.se. All rights reserved.
The license terms can be found at: http://curl.haxx.se/docs/copyright.html
The Open Source Components included in the Apps are done so pursuant to each
individual open source component license and subject to the disclaimers and
limitations on liability set forth in each open source component license, which
include in general that "THE SOFTWARE IS PROVIDED "AS IS",
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE
FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR
THE USE OR OTHER DEALINGS IN THE SOFTWARE."
23. Information, Support or Questions:
Artemis will make reasonable efforts to provide you with technical and product
support for the Apps. For information, support or questions, please contact us
at: contact@artemisaura.com.