Artemis Brands (N.I.) LTD Online Terms and Conditions of Use
Last Modified January 9, 2020
Any dispute will be handled in the EU.
By accessing this website (the “Site”), you agree to be bound by these terms and conditions of use, which may be updated from time to time. Please read these terms and conditions of use carefully.
USE OF CONTENT ON THIS SITE
All content on the Site is the exclusive property of and owned by Artemis Brands or its content providers and is protected by copyright, trademark, and other intellectual property laws. You may access, copy, download, and print the material contained on the Site for your personal and non-commercial use, provided that you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material that you access, copy, download, or print. Any other use of content on the Site and the use of the Site for purposes competitive to Artemis Brands is prohibited. Artemis Brands reserves the right in its sole discretion to refuse or cancel any person’s registration for the Site, to remove any person from the Site, and to prohibit any person from accessing or using the Site for any reason whatsoever and without notice. Artemis Brands or its content providers retain full and complete title to the material provided on the Site, including all intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion. Artemis Brands neither warrants nor represents that your use of materials found on the Site will not infringe rights of third parties not affiliated with Artemis Brands.
You may not use contact information provided on the Site for unauthorized purposes, including but not limited to marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to intercept surreptitiously any system, data, or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. If you are terminated from using the Site, you will be personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which Artemis Brands may be entitled.
CONDUCT ON THE SITE
You may not make commercial use of any Artemis Brands materials, collect or use any product listings, descriptions, or prices, or make any derivative use of any Artemis Brands content, download or copy account information for the benefit of another merchant, or use data mining, robots, or similar data-gathering and extraction tools. No Artemis Brands materials and no part of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Artemis Brands. You may not use in any way any trademark, logo, image, text, page layout, or form of Artemis Brands, or the Artemis Brands name, without our express written consent. You may use the Site only as permitted by law.
TRADEMARKS AND COPYRIGHTS
The Site and all content on this site is the exclusive property of Artemis Brands or its content suppliers and protected by United States and international copyright laws. In addition, all trademarks, logos, and service marks displayed on the Site are registered and unregistered trademarks of Artemis Brands. All of these trademarks, logos, and service marks are the property of Artemis Brands. Nothing on the Site shall be construed as granting any license or right to use any trademark, logo, or service mark displayed on the Site without our prior written permission, except as otherwise provided in these terms and conditions of use. Artemis Brands reserves all rights not expressly granted in and to the Site and its contents.
Artemis Brands respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at Artemis Brands, 212 South Wagner Road, Ann Arbor, MI 48103, or at Support@ArtemisBrandsCBD.com, Attention: Legal Department. Your correspondence should include the following information so that we may investigate your claim:
• The name and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed upon
• A description of where the material that you claim is infringing is located on the site
• Your name, address, telephone number, and e-mail address
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Some features that may be available on the Site require registration or use of a password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all statements made and all acts and omissions that occur through your account or password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify Artemis Brands immediately. Artemis Brands may assume that any communications that we receive under your password have been made by you unless we receive notice otherwise.
Artemis Brands sells products intended only for persons at least 21 years old. Artemis Brands reserves the right to refuse service, terminate accounts, remove and edit content, and cancel orders in its sole discretion.
CONTENT YOU SUBMIT
You acknowledge that you are responsible for all material that you submit via the Site, including the legality, reliability, appropriateness, and originality of that material. You may not upload to, distribute, or otherwise publish through the Site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any person, or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
Artemis Brands has no obligation to post, forward, transmit, distribute, or otherwise provide any material available on this site, including material that you provide to us, and has an absolute right to remove any material from the Site in our sole discretion at any time.
When you submit information or make a purchase using the Site or send e-mail messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this 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.
ORDERS, PROHIBITION ON RESELLING, AND PRICE
The information on the Site does not constitute a binding offer to sell products described on the site or to make those products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion of your order, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from the Site for resale by you or any other person and you may not resell any item purchased from the Site. The prices displayed on the Site are quoted in United States dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Select products can be found in our full price stores in the United States while supplies last. In some cases, merchandise displayed for sale on the site may not be available in stores. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You agree that your use of the Site is at your sole risk. The Site and all information, content, materials, products, and services included on or otherwise made available to you through the Site are provided by Artemis Brands on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Site or any feature or part of the Site at any time.
To the full extent permissible by applicable law, Artemis Brands disclaims all warranties of any kind, express or implied, including but not limited to (i) implied warranties of merchantability and fitness for a particular purpose, (ii) any warranty that materials on the Site are non-infringing, (iii) any warranty implied from a course of performance or course of dealing, (iv) any warranty that access to the Site will be uninterrupted or error-free, (v) any warranty that the Site will be secure, (vi) any warranty that the Site or the server that makes the Site available will be virus-free, and (vii) any warranty that information on the Site will be complete, accurate, or timely. If you download any materials from the Site, you do so in your own discretion and at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from downloading those materials.
No advice or information, whether oral or written, obtained by you from Artemis Brands or through the Site will create any warranty of any kind. Artemis Brands does not make any warranties or representations regarding the information, content, materials, products, or services included on or otherwise made available to you through the Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Any reliance on that information or content and those materials, products, and services is at your own risk. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site.
In certain jurisdictions, the law may not permit the disclaimer of certain warranties and therefore all or some of this disclaimer may not apply to you.
You acknowledge and agree that you assume full responsibility for your use of the Site. You acknowledge and agree that all information that you send or receive during your use of the Site might not be secure and might be intercepted by unauthorized persons. You acknowledge and agree that your use of the Site is at your own risk and that the Site is made available to you at no charge. You acknowledge and agree that, to the fullest extent permitted under applicable law, neither Artemis Brands nor its affiliates, suppliers, or content providers will be liable for (i) any direct, indirect, punitive, exemplary, incidental, special, consequential, or other damages arising from or in any way related to your use of the Site or any action that we take or fail to take as a result of a communication that you send to us, (ii) a delay or inability to use the Site, (iii) information, products, or services advertised on or obtained through the Site, (iv) our removal or deletion of any materials submitted or posted on the Site, or (v) otherwise arising out of your use of the Site, whether based in contract, tort, strict liability, or otherwise, even if Artemis Brands, its affiliate, supplier, or content provider has been advised of the possibility of damages.
This disclaimer applies, but is not limited to, damage or injury resulting from (i) failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, (ii) lost profits, (iii) theft, destruction, unauthorized access to, alteration of, or loss or use of any record or data, or (iv) any other tangible or intangible loss. You specifically acknowledge and agree that neither Artemis Brands nor its suppliers or content providers will be liable for the defamatory, offensive, or illegal conduct of any user of the Site.
Your sole and exclusive remedy for any claim against or dispute with Artemis Brands is to discontinue your use of the Site. You agree that any action or proceeding, including but not limited to a lawsuit, based on a claim arising out of or related to the Site must be commenced within 1 year after the claim accrues or be permanently and forever barred.
In certain jurisdictions, the law may not permit limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages and therefore all or some of this limitation of liability may not apply to you.
You agree to indemnify, defend, and hold harmless Artemis Brands and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, content providers, subcontractors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorney fees and court costs, arising or resulting from your use of the Site or any violation of these terms and conditions of use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for all losses, liabilities, expenses, damages, and costs, including reasonable attorney fees and court costs, arising or resulting from that disruption. Artemis Brands reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Artemis Brands in the defense of that matter.
JURISDICTION AND APPLICABLE LAW
The laws of the State of Michigan govern these terms and conditions of use and you irrevocably consent to the exclusive jurisdiction and venue of the courts located in Oakland County or Wayne County, Michigan, for any action arising out of or relating to your use of the Site or these terms and conditions of use. We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Site has been designed to comply with the laws of the State of Michigan and of the United States. If any material on this site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you and we ask that you do not use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
ENTIRE AGREEMENT AND ADMISSIBILITY
HOW TO CONTACT US
If you have any questions or concerns about these terms and conditions of use or the Site, you may write to us at: