TERMS OF USE
Last updated: June 12, 2017

Artificial Nature, LLC (“Artificial Nature”), a New York Limited Liability Company, provides use of its website accessible at www.artificialnature.io (the “Website”), and its mobile application HiQ (the “Application”) to you subject to the following Terms of Use.  

BY USING THE WEBSITE OR THE MOBILE APPLICATION IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS TO WWW.ARTIFICIALNATURE.IO, OR TO THE MOBILE APPLICATION HiQ, OR BY USING THE SERVICES PROVIDED BY THE WEBSITE OR APPLICATION, YOU ARE AGREEING TO THE TERMS OF USE BELOW AS IT MAY BE UPDATED AND AMENDED FROM TIME TO TIME. When using the various components of the Website, you agree to abide by any applicable posted guidelines for those services.  SHOULD YOU OBJECT TO OR VIOLATE ANY TERM OR CONDITION CONTAINED IN THESE TERMS OF USE OR THE ASSOCIATED PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE APPLICATION AND YOU SHOULD NOT AGREE TO PROVIDE SUBMISSIONS TO THE WEBSITE OR TO THE APPLICATION.

Artificial Nature may modify these Terms of Use at any time without notice, effective upon its posting the modifications to the Website, or to the Application. Your continued use of the Website and the Application constitutes your acceptance to the Terms of Use as amended. Artificial Nature has the right, but is not obligated, to strictly enforce the Terms of Use through active investigation, litigation and prosecution, self-help and community moderation.

Except as otherwise noted elsewhere in these Terms of Use, all provisions that apply to the Website shall also apply to the Application, and vice versa.

Use Of The Website and The Application

The Website and the Application are intended to be used only by individuals over the age of 18. Furthermore, certain areas of the website are restricted to individuals over the age of 21. By accessing the website, you hereby warrant that you are over 18 years old, or 21 years old, where applicable.

Trademarks

The term Artificial Nature is an unregistered trademark of the Company. Any unauthorized use of the Artificial Nature trademark is strictly prohibited. Additionally, any other trademarks displayed on the Website are the sole property of their respective companies. All use of these trademarks by Website users is prohibited.

Ownership of Website Content

The Website, its content, content created using the Website platform, and content on the Application are protected to the maximum extent provided by trademark, copyright and intellectual property rights law and applicable international treaties or conventions. All content displayed on or through the Website and Application including but not limited to: content in the Artificial Nature blogs, editorials on the Website, font, text, and pictures, are owned exclusively by Artificial Nature (and/or by its affiliated companies, suppliers and licensors), and is protected by trademark, copyright and intellectual property rights laws and applicable international treaties or conventions, both as a collective work and/or compilation, as these terms are defined by applicable law. Any copying, reproduction, redistribution, modification, display, or creation of derivative works from the Website, the content on the Website or the collective work is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written consent of Artificial Nature. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.   

You may not use the Website or its content for any commercial purposes unless you execute a separate Agreement with Artificial Nature. This includes but is not limited to not using the content for: the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.

Use of the Login Portal

The Website or the Application may feature a member portal that is accessible to you once you sign up for an account. This portal may contain your stored information based on your previous and ongoing interactions with the Website or the Application. You agree that Artificial Nature assumes no responsibility for the accuracy and completeness of information contained in this portal. This information will be accessible only to you once you log in by using your username and password, and shall not be made accessible to the general public.

Feedback

Any questions, comments, suggestions, or other information about Artificial Nature products or services submitted to Artificial Nature through this Website (“Feedback”) shall be deemed non-proprietary and non-confidential. Artificial Nature is free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. Artificial Nature specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-proprietary and non-confidential and we can use such information without any obligation or liability to you.

User Conduct

You agree not to transmit to Artificial Nature any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, abusive, harassing, harmful, threatening, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, race gender, sexual orientation, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Artificial Nature employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any trademark, copyright, patent, trade secret, or other proprietary rights of any party, or is a Submission that you do not have the right or authority to make available pursuant to any law or under any contractual duty or fiduciary relationship; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the Website which are not designated for such purposes or emailed to Artificial Nature users who have not indicated in writing that they consent to your contacting them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.

Additionally, you agree not to: (i) contact anyone who has requested not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) stalk or otherwise harass anyone through or on the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Artificial Nature computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.

Artificial Nature may reject, delete, modify, edit or remove any Submissions at any time for any reason and Artificial Nature may terminate your access to the Website or your account at any time for violation of these Terms of Use or any other reason. 

External Sites

The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (“External Sites”). You acknowledge that Artificial Nature is not responsible for the unavailability of, or the content located on, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.  

Confidentiality

Certain areas on this Website or Application may contain Artificial Nature confidential information. A valid user name and password is required to access those areas. Access by unauthorized persons, and unauthorized use or disclosure of Artificial Nature confidential information, is a violation of Artificial Nature's rights and is strictly prohibited. By accessing Artificial Nature confidential information, you agree to keep this information confidential. You also agree to treat this confidential information with the same standard of care which you apply to your most confidential information, and to not to use the information for any purpose that is unlawful or not permitted by these Terms of Use.

Copyright and Use and Submission of Content

The Website and the Application are protected under copyright law with all rights reserved except as expressly provided herein. Individual documents or content may contain different copyright notices and/or additional proprietary notices.

Content

As an Artificial Nature account holder you may be able to submit Content to the Artificial Nature website or Application. You understand that Artificial Nature does not guarantee any confidentiality with respect to any Content you submit.


Ownership of and Responsibility for Content

ALL CONTENT YOU SUBMIT OR CREATE USING THE ARTIFICIAL NATURE PLATFORM SHALL REMAIN THE PROPERTY OF ARTIFICIAL NATURE. You hereby expressly acknowledge and agree that you shall be solely responsible for the content you create and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Artificial Nature all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on www.artificialnature.io pursuant to these Terms of Service. In addition, you further warrant you are of legal age as discussed elsewhere in this terms of use, and are at least 18 years old or 21 years old as applicable in your state. You acknowledge that users under this legal age MAY NOT submit User Content to Artificial Nature and should not use the Website for any purpose whatsoever.



In particular, any unauthorized use of copyright protected material within your Content (including by way of reproduction, distribution, modification, adaption, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Website), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to www.Artificial Nature.com, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.



Artificial Nature may post your “testimonials” on the Website. Before doing so, however, Artificial Nature will ask users for permission.



Use of Content



In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Artificial Nature or the respective licensors of the Content. Artificial Nature and its licensors reserve all rights not expressly granted in and to the Service and the Content.

  1. You agree not to circumvent, disable or otherwise interfere with security-related features of Artificial Nature or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

  2. You understand that when accessing the Website, you will be exposed to Content from a variety of sources, and that Artificial Nature is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Artificial Nature with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Artificial Nature, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.



Artificial Nature does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Artificial Nature expressly disclaims any and all liability in connection with Content. Artificial Nature does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Artificial Nature will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Artificial Nature reserves the right to remove Content without prior notice.



Digital Millennium Copyright Act



  1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

You may direct copyright infringement notifications to our DMCA Agent at, hi@artificialnature.io. You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.

  1. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

If a counter-notice is received by the Copyright Agent, Artificial Nature may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Artificial Nature’s sole discretion.



DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ARTIFICIAL NATURE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. ARTIFICIAL NATURE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. This does not affect the applicability of the disclaimers where otherwise permitted by law.

OTHER IMPORTANT DISCLAIMERS

BY USING THE WEBSITE OR THE APPLICATION, YOU AGREE THAT ARTIFICIAL NATURE DOES NOT OFFER ANY MEDICAL ADVICE. ANY INFORMATION ACCESSED BY USERS IS FOR EDUCATIONAL PURPOSES ONLY. SUCH INFORMATION IS NOT INTENDED TO BE A SUBSTITUE FOR MEDICAL ADVICE OR FOR DIAGNOSIS OR TREATMENT OF A MEDICAL CONDITION.

LIMITATION ON LIABILITY AND INDEMNITY OF ARTIFICIAL NATURE

UNDER NO CIRCUMSTANCES SHALL ARTIFICIAL NATURE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ARTIFICIAL NATURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF THE WEBSITE OR THIS TERMS OF USE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. This does not affect the applicability of the limitations of liability where otherwise permitted by law.

You agree to indemnify and hold harmless Artificial Nature, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any Submissions, your third party event, website or organization, your use of the Website, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of any third party.

Compliance with Applicable Laws; Export Control Laws

This Website is operated, in whole or in part, from the United States. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Artificial Nature does not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this Website from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to, processed and collected in the United States in compliance with the privacy policy.

Governing Law; Entire Agreement

By acceptance of the Terms of Use and/or use of the Website and its content, you accept the following provisions regarding applicable governing law. These Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, or your use of the Website, will be governed by and construed in accordance with the State of California, without regard to its choice of law provisions, and not by the 1980 U.S. Convention on Contracts for the International Sale of Goods. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises, otherwise, such claim is time-barred. Any claim or dispute arising out of or relating to these Terms of Use, the associated Privacy Policy, or your use of the Website or the Application shall be subject to the exclusive jurisdiction of the state or federal courts in the State of California and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these Terms of Use is held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between you and Artificial Nature with respect to the subject matter of the Terms of Use.

Contact Us

If you have any questions about these Terms of Use, please contact Customer Service via email at hi@artificialnature.io. You may also send comments or inquiries to the address below:
Artificial Nature, LLC

279 Starr St

Brooklyn, NY 11237