Privacy Policy

This Privacy Policy (“Policy") is a legal agreement between you (referred to herein as "the User", "you" or “your”) and Artemis Vision platform https://Artemisvision.app (referred to herein as “the Company”, “we”, “us” or “our”)

Introduction

This Privacy Policy (“Policy") is a legal agreement between you (referred to herein as "the User", “you” or "your") and Artemis Vision platform (referred to herein as “the Company”, “we”, “us” or “our”), the company who owns and operates the Platform and the Site. Unless otherwise specified, all terms used in this Policy shall have the same meanings as provided in Clause Definition and Interpretation of our Terms of Use. This Policy (together with our Terms of Use) explains and sets out the basis for why and when we collect Personal Information about the people who use the Platform and the Site, how we use it, the conditions under which we may disclose it to others and the measures we take to keep it secure. By using the Platform and the Site, you are accepting and consenting to the practices described in this Policy. Please note that this includes consenting to the collection and processing of any Personal Information you provide, as described below. We may amend this Policy from time to time so please check it occasionally to ensure that you agree with any changes. Your continued use of the Platform and the Site will constitute your acceptance of, and agreement to, any changes. The Company values privacy and we make a concerted effort to minimize and, to the extent possible, eliminate the exposure of personal data during the use of our interface. We do not collect any special categories of personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). We do not collect, hold, or store any information relating to your wallet, including private keys, keystore files, passwords, mnemonic phrases. In case the user connects to the Site from a wallet managed by the Artemis Vision platform, the wallet’s management policy will follow the Artemis Vision platform’s Term of Use. To the extent we collect any Personal Information, this Policy describes how the Company collects, uses, and shares Personal Information of people who use the Platform and the Site. This Policy applies to anyone who accesses the Platform and the Site. Please read the Policy carefully to understand our practices regarding your information and how we will treat it. By visiting the Site, and/or using the Platform, you acknowledge that the collection, use, and sharing of your information will take place as described in this Policy. So that we are clear about the terminology we are using, when we use the phrase “Personal Information” in this Policy, we mean information about an individual that (either by itself or when combined with information from other available sources) allows that individual to be identified, including but not limited, the individual’s name, telephone number, or e-mail address.

The Blockchains

Due to the inherent transparency of many blockchains, transactions that individuals broadcast via any blockchain may be publicly accessible. This includes, but is not limited to, your public sending address, the public address of the receiver, the amount sent or received, and any other data a user has chosen to include in a given transaction. Information stored on a blockchain may be public, immutable, and difficult or even impossible to remove or delete. Transactions and addresses may reveal information about the user’s identity and information can potentially be correlated now or in the future by any party who chooses to do so, including law enforcement. Users are encouraged to review how privacy and transparency on the blockchain works.

How We Collect Information

We obtain information about you when you use the Platform and the Site, when you contact us via email or a web form or if you register to receive one of our regular newsletters. We may collect and process the following types of information about you:
Information you provide us
You may provide us with Personal Information by filling in forms on our Site or by corresponding with us by e-mail or live-chat. The Personal Information you provide may include your name, email, address, phone number, language preference and information regarding the pages you access. By providing us with this information, you expressly consent to our use of your Personal Information in accordance with this Policy.

Information we collect about you
When you use Platform and the Site, we may automatically collect information about your IP address, information about your visit, browser plug-in types and versions, your browsing activity, timezone setting, how you use Platform and the Site, and information about your visit, including the dates and times you use the Site length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page.

Information we receive from other sources
We may receive information about you if you use any other services we, or our partners, operate. We also work with third parties (including, contractors, project partners, service providers, analytics providers) and may receive information about you from them. This may be combined with other information you provide to use to collect information about you as described below. We use this information to enhance your experience with Platform and the Site.

How We Use Information

We use the information that we have about you to provide support and certain services to you.
We may use the Personal Information we collect from and about you to:
● provide you with information or services that you request from us, including to respond to your comments, questions, and/or provide customer service
● provide information to you about developments and new products, features, including changes and enhancements to the Site
● monitor and analyze usage and trends and personalize and improve Platform and the Site and your experience using Platform and the Site
● conduct surveys and get feedback from you
● develop, enhance, and market products and services, and provide products and services to you
● meet the Company’s legal and regulatory requirements, and
● for any other purpose with your consent.
We use IP addresses to analyze trends, administer the Site, track user movements, and gather broad demographic information for aggregate use. For systems administration and detecting usage patterns and troubleshooting purposes, the Site’s web servers also automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within the Company on a need-to-know basis. We reserve the right to block access for any user accessing the Site via a proxy service intending to conceal originating identity. We review our retention periods for Personal Information on a regular basis. We will hold your Personal Information on our systems for as long as is necessary for the relevant activity.

Sharing of Personal Information

We will not disclose your Personal Information other than as described below, and we do not and will not sell your Personal Information to anyone. You agree that we have the right to share the Personal Information we collect from and about you:
● to fulfill the purpose for which you provided it
● with your consent
● for legal, protection, and safety purposes
● to comply with any court order, law, or legal process, including to respond to any government or regulatory request
● to protect the rights of the Company, our agents, customers, and others, including by enforcing our agreements, policies, and terms of service
● with third parties, if the Company or substantially all our assets are acquired by a third party, in which case Personal Information held by us about the users will be one of the transferred assets and,
● with those who need it to do work for us (our service providers, as defined below). Service providers:
We may contract with third parties to perform functions related to Platform and the Site. In general, service providers will have access to your Personal Information only to the extent needed to perform their business functions but may not use or share that Personal Information for purposes outside the scope of their functions related to Platform and the Site. We reserve the right to share historical wrap and/or unwrap transactions, estimated and actual trade volumes; settlement prices; and other aggregate data and information related to the digital assets available on the Site.

Legal Basis for Processing

The following legal bases apply to the ways in which we use and share your Personal Information:
● when it is necessary for us to perform pursuant to our contract with you or in your interests
● in our legitimate interests in ensuring our business is conducted legitimately and to a high standard. Legitimate interests mean the interests of our organization to conduct and manage our business to enable us to better serve you and provide you with a secure experience on the Site
● generally, we do not rely on consent as a legal basis for processing your Personal Information
● we will retain the information you provide in order to process your request, provide support, and/or carry out and fulfill our Promotions.

Other Sites & Links to Other Sites

The Site may contain links to other third-party websites or applications. Once you click on such a link and leave the Site or are redirected to a third-party website or application, you are no longer governed by this Policy. Any information you provide on those sites is subject to that third party’s privacy policy and we are not responsible for the privacy and security practices and policies of those third-party sites or applications. This Policy and the use of your Personal Information only applies to the information you provide. You are cautioned that if you disclose Personal Information or personally sensitive data through the use of the Internet, such as through chat rooms, communities, bulletin boards, or other public online forums, this information may be collected and used by other persons or companies over which the Company has no control. It is your responsibility to review the privacy statements, policies, terms, and conditions of any person or company to whom you choose to link or with whom you choose to contract. We are not responsible for the privacy statements, policies, terms, conditions, or other content of any Site not owned or managed by us.

Our Commitment Towards Children’s Privacy

We do not direct the Platform and the Site to, nor do we knowingly collect any Personal Information from children under 18. Children under 18 are not eligible to use the Platform and the Site. If we learn that someone using the Platform and the Site is under 18 years of age, we will take steps to remove any Personal Information from our database and to prevent them from utilizing the Platform and the Site.

Security of Your Personal Information Rights

We are committed to protecting the security of Personal Information. We have taken certain physical, administrative, and technical steps to help safeguard the information we collect from and about you. While we take steps to help ensure the integrity and security of our network and systems, we cannot guarantee the security of your data transmitted to us over the email or through the Site; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access Personal Information and other data may be exported outside of the jurisdiction in which you reside. Your Personal Information may be processed and stored in a foreign country or countries. Under those circumstances, the governments, courts, law enforcement, or regulatory agencies of that country or those countries may be able to obtain access to your Personal Information through foreign laws. You need to be aware that the privacy standards of those countries may be lower than those of the jurisdiction in which you reside.

Contact Us

Any questions regarding this policy and our privacy practices should be sent by email to support@artemismedia.app.

Changes to Privacy Policy

The Company shall be permitted to make amendments to the Policy from time to time. You will be deemed to have accepted such amended Policy by indicating your acceptance on the Platform and the Site. Any further actions which you make will be subject to the Policy in effect at that time. If you object to any changes, you may stop using the Platform and the Site. Your continued use of the Platform and the Site after we publish or otherwise provide notice about our changes to the Policy means that you are consenting to the updated Policy. We keep this Policy under regular review. This Policy was last updated on March 26nd 2021

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Terms & Conditions

This Terms of Use is a legal agreement between you (referred to herein as "the User", “you” or "your") and Artemis Vision Platform (referred to herein as “the Company”, “we”, “us” or “our”).

INTRODUCTION

This Terms of Use is a legal agreement between you (referred to herein as "the User", “you” or "your") and Artemis Vision Platform (referred to herein as “the Company”, “we”, “us” or “our”), the company who owns and operates the Platform and the Site (defined below). By using the Platform and the Site, you accept and agree to be bound by this Terms of Use, the Privacy Policy, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Please read the Privacy Policy to find out how we collect, use, disclose, process and protect your personal data. For avoidance of doubt, any and all terms, conditions, licences, limitations, and obligations contained within and on the Site are incorporated into these Terms of Use by reference. In the event of any inconsistency between these Terms of Use and any other pages or policies on the Site, these Terms of Use shall prevail. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that by using the Platform, you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree with these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted. For the convenience of the users, all content on this Site may be available in multiple languages. In case of any conflict between different language versions of such content or any omission in any language version, the English version of such content shall prevail. Where the Company has published a document that is referred to within these Terms (such as a policy document), that document shall also form part of these Terms and shall be deemed to have been agreed to by you. In the event of any conflict between these Terms and a document referenced within them, these Terms shall prevail.

Definition and Interpretation

In these Terms of Use and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
● "Tokens" means blockchain-based assets or rights, or other similar digital representations of rights or assets.
● "Platform" means the Artemis Vision creation and trading module of digital content in the form of NonFungible-Token (NFT) tokens secured by blockchain technology
● "Site" means the Internet website of Artemis Vision Platform: https://artemisvision.app
● “Wallet” means a combination of a user’s public address and corresponding private key (or mnemonic phrase or keystore file with password) that holds any tokens that are created and/or received on any public blockchains, which may be associated with corresponding transactions related to this address. In these Terms of Use, the following rules of interpretation shall apply:
(a) clause and paragraph headings shall not affect the interpretation of these Terms
(b) a reference to a person shall include a reference to an individual, firm, company, corporation, partnership, unincorporated body of persons, government, state or agency of a state or any association, trust, joint venture or consortium (whether or not having separate legal personality) and that person’s personal representatives, successors, permitted assigns and permitted transferees
(c) unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular and
(d) unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

User Representations "Warranties"

You can only use our Platform if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. Representations and warranties are statements and promises made by you to the Company upon which we rely as being accurate in our dealings with you. By using the Platform, you represent and warrant to the Company that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use the Platform, however, and we reserve the right to change our eligibility criteria at any time. You make the following representations and warranties to us at the time of entering into these Terms of Use and every time you use the Platform:
(a) you are at least eighteen (18) years old and be able to form legally binding contracts. Persons under the age of 18 are not permitted to use the Site
(b) you are of sound mind and have the capacity to enter into these Terms of Use
(c) all personal information that you provide about yourself is accurate and true to the best of your knowledge
(d) you have carefully considered the risks involved with using the Site and the Platform, and also the risks associated with tokens technologies including but not limited to the possibility of losing all the tokens you have
(e) you will only ever use your legally own tokens unless you are authorized on behalf of a third party (“Third Party“) and we agree that you may act on behalf of that Third Party. We may request that you provide written authorization from the Third Party confirming you have the necessary authority to transact tokens on their behalf
(f) if you are registering or accepting these Terms of Use on behalf of a legal entity such as a company, trust or partnership, you further represent and warrant that: (a) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf.
(g) you are not breaking any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting
(h) you will not use the Site or the Platform in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband tokens or proceeds
(i) any trading or other instructions received or undertaken through your signature credentials are deemed to be valid, binding, and conclusive, and that the Company may act upon those instructions without any liability or responsibility attaching to it and
(j) your use of the Platform does not violate any laws or regulations applicable in your country of residence.

CONTENT STANDARDS

Content/Behavior Integrity and Compliance On Artemis Vision Platform, you agree not to create, post, or submit any material which
(1) is unlawful, harmful, abusive, vulgar, fraudulent, libelous, contains explicit or graphic descriptions or accounts of sexual acts, is invasive of another's privacy, is in violation of any International laws,
(2) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability,
(3) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy

Copyright

You agree not to post any copyrighted Content unless you create yourself or own the copyright or have written consent from the owner. You warrant that you own all right, title and interest worldwide in any Content submitted, including all intellectual property and moral rights therein. Rarity, Limited-Edition Art Standards Creators releasing limited digital content through Artemis Vision Platform agree that the content they add to Artemis Vision Platform is and will remain:
Not increased in the number of limited editions specified at the time of first issuance. In other words, a limited edition of 5 will never become a limited edition of Unique artwork not duplicated or released on any other market.
Unique artwork never to be sold or given to anyone except through the trading of the NFT's in the first insurance Digital property of the account holder who created the limited digital content or purchased the limited digital content.

Limit Of Liability

Artemis Vision PLATFORM IS A P2P MARKETPLACE WHERE USERS INTERACT DIRECTLY WITH ONE ANOTHER. YOU AGREE THAT WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT OR ACTIONS OF OUR USERS. YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE CAREFULLY CONSIDERED THE RISKS UPON USING OUR PLATFORM. The Company shall have the right in its sole discretion, but no obligation, to monitor Content and other features of the Site to determine compliance with all Terms. edit, refuse to post or remove any Content, in whole or part, that does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate, at any time and for any reason with or without prior notice. We may block your Account at any time if (in our sole discretion) we think you have violated these Terms, or terminate any Artemis Vision creator account. You agree to immediately notify us of any unauthorized use of the Service, inappropriate content or actions, or other breach of security that you know or suspect.

FEE AND REFUND TERMS

Transaction fees By trading NFTs on the Platform you agree with the following sale terms:
● 85% from primary sales goes to the creator. 15% is paid to the platform.
● At creation, the creator will define the number of NFTs created for the selected digital content. Royalty fees are paid directly to the NFT creator as a percentage (10%) of profits made in the secondary sales.
● From secondary sales, the Platform will charge a 2.5% fee for each transaction to both buyer and seller.
In consideration for the use of the Platform, you agree to pay the fees, if any, as set forth in our fee schedule displayed on the Site, which the Company may revise or update in its sole discretion from time to time. By using our Services, you acknowledge your acceptance of those fees.

Refund Policy

Because the Platform is essentially a P2P market, the Company cannot provide refunds for purchases made between two parties. You assume all risk and liability when entering into any agreement with any other user of the Artemis ArtemisVision_Official_Chat platform. You confirm that the Platform will not be held responsible for damages in any of these user to user interactions, and that we will not be involved in negotiations, collection disputes, refunds, quality control, work delivery, or any other user to user conflicts.

GENERAL TERMS AND CONDITIONS

Privacy Policy Please refer to our Privacy Policy for information about how we collect, use and share information about you.

Compliance with Tax Obligations

The users of the Platform are solely responsible to determine what, if any, taxes apply to their transactions. The Company does not provide any advice or guidance in relation to tax or otherwise. The Company is NOT responsible for determining the taxes that apply to your transactions. It is your responsibility to ensure that any tax liabilities which you incur are paid to the relevant taxation authority.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (collectively, the “Marks”) are owned or controlled by us or licensed to us. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Prohibited Activities

As a user of the Platform, we grant you a limited, personal, non-commercial, non-exclusive, nontransferable, and revocable license to use the Platform.
You may not:
● use the Site or the Platform to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband tokens, funds, or proceeds. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use the Platform to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities. If we discover that you have violated this Agreement or other regulatory requirements by participating in money laundering or by financing terrorist activities, we will take proportional disciplinary action. You further agree not to encourage or induce any third party to engage in any of the activities prohibited under this Section.
● use the Site and the Platform, with anything other than funds, keys, or tokens that have been legally obtained by you and that belong to you
● use the Site or the Platform to interfere with or subvert the rights or obligations of the Company or the rights or obligations of any other Site user or any other third party without authorization or use the Platform in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it.
● take advantage of any technical glitch, malfunction, failure, delay, default, or security breach
● distribute any virus or other harmful computer code through the Platform. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure.
● bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Platform including, without limitation, other accounts, computer systems, or networks connected to the Services.

Third-Party Websites & Content

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on ThirdParty Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Modifications & Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Platform and the Site without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform and Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. The Company does not warrant that any of the materials on the Site are accurate, complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. However the Company does not make any commitment to update the materials.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRDPARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

You acknowledge and confirm that you have carefully considered the risks involved creating and trading NFT tokens through our Platform. The following risks associated with tokens and the Platform are not exhaustive.

Wallets

The wallet used in the platform is associated with certain types of tokens which are described in the Site. You confirm that you acknowledge and do not transfer to the wallet tokens that the wallet does not support or you may lose the fund.
When you withdraw fund from the wallet used in the platform to an external wallet, you confirm that:
● The wallet supports the type of tokens you withdraw to.
● You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your external wallet. You must keep your wallet address, mnemonic (backup) phrase, and private key access information secure.
● Failure to do so may result in the loss of control of tokens associated with the wallet.

Token transactions

In order to be completed, all proposed token transactions (including but not limited to NFT creation, transactions, token withdrawal) must be confirmed and recorded in the corresponding public blockchain. By using the Platform, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by that public blockchain network. Once transaction details have been submitted via the Platform, we cannot assist you to cancel or otherwise modify your transaction. You must ensure that you have an adequate balance in your wallet and/or gas to complete transactions before initiating a transaction.

Attack on blockchain networks

The Company cannot prevent or mitigate attacks on blockchain networks and has no obligation to engage in activity in relation to such attacks. In the event of an attack, the Company reserves the right to take commercially reasonable actions, including, but not limited to, if we confirm that a network is compromised or under attack, immediately halting the platform for such network. Resolutions will be determined on a case-by-case basis by the Company in its sole discretion. The Company makes no representation and does not warrant the safety of the Platform and you assume all liability for any lost value or stolen property.

Software protocols and operational challenges

The software protocols that underlie tokens are typically open-source projects, which means that (i) the development and control of such tokens are outside of the Company’s control and (ii) such software protocols are subject to sudden and dramatic changes that might have a significant impact on the availability, usability or value of a given token. You are aware of and accept the risk of operational challenges. The Company may experience sophisticated cyber attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions to the Platform and the Site. You understand that the Platform and the Site may experience operational issues that lead to delays. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold the Company accountable for any related losses. All users understand that the technology underlying tokens is subject to change at any time, and such changes may affect the Platform. You claim full responsibility for monitoring such technological changes and understanding their consequences for your tokens. The Company does not take any responsibility for any loss or damage incurred as a result of your use of the Platform or your failure to understand the risks involved associated with tokens use generally or your use of our Services

Legislative and regulatory changes

Legislative and regulatory changes or actions at the domestic or international level may adversely affect the transfer of tokens.

Other risks

You understand and agree that the Company has no control over, and no duty to take any action including, but not limited to:
● Failures, disruptions, errors, or delays in processing tokens that you may experience while using the Platform
● The risk of failure of hardware, software, and Internet connections
● The risk of malicious software being introduced or found in the software underlying our Platform
● The risk that third parties may obtain unauthorized access to information stored within your wallet, including, but not limited to your wallet address, private key, and mnemonic (backup) phrase
● Disasters may damage the token systems resulting in loss of tokens held by users.
● Mistakes made by the user of any token-related software or service, e.g., forgotten passwords, and tokens sent to wrong addresses.
● Software problems of any token-related software or service, e.g., corrupted wallet file, incorrectly constructed transactions, unsafe cryptographic libraries, malware affecting the wallet and/or any token-related software or service
● Technical failures in the hardware of the user of any token-related software or service, e.g., data loss due to a faulty or damaged storage device
● Security problems experienced by the user of any token-related software or service, e.g., unauthorized access to users' wallets and/or accounts
● Actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties.
You acknowledge and confirm that you have made your own independent decision to make any transaction actions and that your decision is based on such information as you deem appropriate under the circumstances and is without reliance upon the Company or any member of the Company. You are solely responsible and liable for any and all actions on or through the Site; for knowing the true status of any transactions on the Site, even if presented incorrectly by the Site at any time. There is no guarantee against losses on or through the Site.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including, without limitation, attorneys’ fees or the costs of any claim or suit, made by any third party due to or arising out of:
● use of the Site and the Platform
● breach of these Terms of Use
● any breach of your representations and warranties set forth in these Terms of Use
● any inaccurate, misleading, or incomplete statement by the Company or on the Site regarding your wallets, whether caused by the Company’s negligence or otherwise
● any failure, delay, malfunction, interruption, or decision (including any decision by the Company to vary or interfere with your rights) by the Company in operating the Site or providing the Platform
● any stolen, lost, or unauthorized use of your wallet information any breach of security or data breach related to your wallet information, or any criminal or other third party act affecting the Company.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Force Majeure Event

For the purposes of this clause, “Force Majeure Event” shall mean any circumstance outside the Company’s control including but not limited to any interruptions or failures relating to internet service providers, internet signal, connections, electricity providers, configurations of any user’s computers, any acts of god, flood, drought, earthquake or other natural disaster, any collapse of buildings, fire, explosion or accident, any acts of terrorism, civil war or commotion, riots or any law or any action taken by a government or public authority, including, without limitation, the failure to grant a necessary licence or consent. The Company shall not be in breach of these Terms of Use nor liable for delay in performing or failure to perform any of its obligations under these Terms if such delay or failure results from a Force Majeure Event.

Electronic Communications, Transactions, & Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic means.

Term and Termination

Except as otherwise terminated in accordance with the provisions below, these Terms of Use shall commence on the date you access the Platform and Site. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any user for any or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the Site or delete any content or information that you posted at any time, without warning, in our sole discretion. In addition, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. These Terms may be superseded by any amended Terms in accordance with clause These Terms may be terminated or amended by the Company at any time without notice.

Miscellaneous

hese Terms of Use and any dispute arising out of or in connection with their subject matter shall be governed by and construed in accordance with the laws of The British Virgin Islands and the parties agree that the courts of The British Virgin Islands shall have exclusive jurisdiction to settle any dispute or claim arising in connection with these Terms. These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Any failure by the Company to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use, and any of the rights, duties, and obligations contained herein, are not assignable by you without prior written consent of the Company. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time without notice or your consent. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. 4.14.5. The Company may record all telephone calls and other communications for the purposes of security and training. You understand that The Platform and Site will endeavor to be open 24/7. However, the Company offices and communications channels will be open on business days only. You further acknowledge that the Company will make reasonable efforts to ensure that the Platform and Site are available continuously however that there may be instances where access to the Platform and Site are restricted as a result of scheduled maintenance, technology failure or network failure.

Contact us

In the event that you have a complaint, the Company will make every effort to rectify the problem as soon as practicably possible. Please write to us to make clear the details surrounding your complaint. You can send your complaint by email to support@artemismedia.app

Changes to Terms of Use

The Company shall be permitted to make amendments to these Terms of Use from time to time. You will be deemed to have accepted such amended Terms by indicating your acceptance on the Platform and the Site. Any further actions which you make will be subject to the Terms in effect at that time. If you object to any changes, you may stop using the Platform and the Site. Your continued use of the Platform and the Site after we publish or otherwise provide notice about our changes to the Terms of Use means that you are consenting to the updated Terms of Use. We keep these Terms of Use under regular review. These Terms of Use were last updated on March 25th, 2021

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