Terms of Service, Privacy Policy, and Acknowledgement of Recurring Payments

Terms of Service | Acknowledgement of Recurring Payments | Privacy Policy

Terms of Service

The following terms and conditions govern the online products of Engage Media. This includes its public website, research firms (e.g., ARtillery Intelligence), its publications (e.g., AR Insider), and the paid products associated with each of these properties. These paid products include but are not limited to ARtillery Pro, visibility & sponsorship offerings, and the Thought Leaders program. This document specifies terms for these products collectively, as well as individual details per product. Product-level details can be seen in corresponding sections throughout this document or linked directly as follows.

ARtillery PRO  |  Thought Leaders

Engage Media, its services, and digital products are offered subject to your (“customer”) acceptance without modification of all the terms and conditions contained herein, and all other operating rules, policies (including, without limitation, Engage Media’s Privacy Policy), and procedures that may be published by Engage Media (collectively, the “Agreement”).

By accessing or using any Engage Media service or published material, customer agrees to become bound by the terms and conditions of this agreement. If the customer does not agree to all the terms and conditions of this agreement, the customer may not access nor use Engage Media services. If these terms and conditions are considered an offer by Engage Media, acceptance is expressly limited to these terms. Engage Media services are available only to individuals who are at least 13 years old.


Payment and Renewal General Terms

By selecting a product or service, customers agree to pay Engage Media a one-time payment or recurring subscription fees, as indicated on the corresponding product registration page (example). In cases of recurring subscriptions, payments will be charged on a pre-pay basis and will cover the use of the specified service for the time period indicated. Payments are not refundable, except in cases considered on an individual basis, and at the discretion of Engage Media. These terms are specified on all product registration pages and made clear during customer check-out processes.

Automatic Renewal: The customer authorizes Engage Media to initiate and complete recurring charges to the credit card provided by the customer during registration. The amount of each recurring charge will correspond to the product level chosen, and is made explicit on product pages and transactional/registration pages (example). Charges will renew at the frequency specified, unless canceled by the customer before the renewal date. One-time purchases of individual reports do not have recurring payments, as specified in payment terms on their corresponding check-out pages.

Cancellation: Customers can cancel recurring subscriptions at any time using the “account” sections of Engage Media’s online services. When a subscription is canceled, customer access will remain active throughout the existing subscription term, but will not renew on the next scheduled renewal date. Access will correspondingly be revoked at that time. Renewal dates and other account information can be viewed and managed in the “account” section of Engage Media’s online services. Service upgrades are available, including pro-rated pricing.

Service Fees and Payment

By subscribing to any Engage Media product or service, applicable fees will be charged starting from the day that the customer’s services are established and in advance of using such services. For recurring payment (subscription) services, fees do not increase as long as customers remain active.  Engage Media reserves the right to change payment terms and fees on an ongoing basis for new customers. Services can be canceled by the customers at any time, using the method explained above.


ARtillery Intelligence

The following terms and conditions govern all use of Engage Media’s branch of research and advisory services, known as ARtillery Intelligence. This includes but is not limited to all variants and subscription tiers of ARtillery Pro (e.g., “Individual”, “Startup,” “Enterprise”), as well as individual digital content purchases. All of these services are herein referenced as ARtillery.

Product Access and Use

customers are granted access to ARtillery using login credentials that they establish when registering. Customers may log in and access content at a frequency of their choosing within the duration of their active subscription period. Some subscription tiers include additional login/seats, known as “sub-accounts.” The quantity of sub-accounts included in a given subscription is specified on product pages (example). Each sub-account can be used by one individual. Customers and sub-accounts are prohibited from sharing login credentials with other individuals. ARtillery copyrighted material downloaded by customers can be shared with colleagues but not with individuals outside of a customer’s organization. Customers may not download ARtillery copyrighted material for purposes other than individual use or collaboration with associates. Customers are prohibited from redistributing or republishing ARtillery copyrighted material, whether through open/free channels or paid/for-profit channels. One exception is that individual slides that explicate ARtillery Intelligence copyright may be used in customers’ slide presentations, on the condition that attribution to ARtillery Intelligence is specified, and no more than five (5) slides or charts containing ARtillery Intelligence copyrighted material are used in presentations that are viewed by entities outside of a customer’s own organization. Presentations made internally to customers’ colleagues and associates within their organization may use an unlimited number of slides containing ARtillery copyrighted material.

Support

If the customer’s service includes access to email support, it includes the ability to make requests for technical or directional support assistance by email at any time concerning the use of the Services specified. All support will be provided in accordance with ARtillery standard services practices, procedures, and policies. The contents of service inquiries remain confidential and private. Service levels are specified in ARtillery product pages (example) and are further detailed as follows.

Data Concierge. When specified in individual subscription terms, customers are entitled to Data Concierge (“Concierge”) service. Customers can contact ARtillery analysts using dedicated communications forms on ARtillery’s website. Customers may ask questions about content availability and location, the answers to which are understood to be limited to the content that published on ARtillery’s website. ARtillery analysts may extend this capability and spend additional time finding answers and content elsewhere, at their discretion.

Account Support. When specified in individual subscription terms, customers are entitled to account support service (“support”). customers can contact ARtillery analysts using the dedicated communications forms on ARtillery’s website. Customers may ask questions about their accounts, including but not limited to obtaining transaction receipts and changing payment methods. Many such actions are also available to customers on a self-serve basis in the “account” section of ARtillery’s website.

Analyst Briefings. When specified in individual subscription terms, customers are entitled to analyst briefings (“briefings”). The quantity of briefings fulfilled is specified in each sponsorship’s terms on their corresponding product pages (example). Briefings are live phone calls or online meetings with an ARtillery analyst to discuss trends or strategic positioning in the customer’s operating sector or other sectors and sub-sectors that ARtillery evaluates. Briefings may be scheduled using the contact forms on ARtillery’s website. During briefings, customers may ask questions, the answers to which are understood to be limited by the reasonable level of knowledge and insight within the market sectors that ARtillery evaluates. Answers are provided live during the briefing and may require follow-up research and information delivery by email, at the discretion of ARtillery. Briefing format is a remote conversation, and eligible communication mediums include popular online call/conferencing apps. In-person briefings at the customer’s office or designated location are not included, however negotiation is possible on a case-by-case basis to scope and price in-person briefing requirements and fees. Time allotments are 30 minutes per briefing, but can be extended at the discretion of ARtillery. Customers who renew service for an additional term can combine briefings from multiple terms into a single session, the duration of which is equal to the combination of individual briefings (2 briefings = 60 minutes), but must do so within six months of expiry of the first briefing. Briefings expire at the end of a billing period.

Analyst On Demand. When specified in individual subscription terms, customers are entitled to Analyst on-demand service (“on-demand”). On-demand includes digital communications with ARtillery analysts to answer strategic questions or data needs. Digital communications include but are not limited to email, and may be adapted to a specific format or product in the future, such as a dedicated messaging channel. Customers may ask questions over such channels at a frequency of their choosing, the answers to which are understood to be limited by the reasonable level of knowledge and insight within the sectors that ARtillery evaluates. On-demand communication and delivered content are limited to the existing knowledge or content/data availability of ARtillery Intelligence analysts, but can be extended at the discretion of ARtillery analysts. On-demand does not include custom research or advisory projects, such as formulating customers’ strategic market positioning, on-site visits/presentations, nor generation of customized data. On-demand does not include live analyst briefings (covered separately and limited to the terms defined under “briefings”). These and other services that exceed the scope of on-demand can be provided separately and subject to ARtillery’s hourly consulting rate, scoped and negotiated on an individual basis.


Thought Leaders

The following terms and conditions govern all use of the Thought Leaders Program, offered on Engage Media properties such as AR Insider and AI Engage. The Thought Leaders program (“Program”) allows its members (“members”) to submit articles that are published on its properties. As a paid offering, the program follows U.S. FTC regulations with respect to disclosing paid relationships. This happens in the form of the Thought Leaders logo that accompanies each published article that is authored by a member. This logo is linked to the program landing page that explains all of its details and paid relationship disclosure.

Customers’ editorial submissions are subject to Engage Media’s content policies and editorial standards, including its Disclosure and Ethics Policy. Before being published, content is edited for grammar, style, and editorial standards. Furthermore, Engage Media reserves all approval or disqualification rights for submitted material. Conditions for disqualification include content that is offensive, inappropriate, or anything that our editorial and ethical judgment deems unfit for publication.

Restrictions for members and their submitted materials include, but are not limited to, the following.

— Press releases from members or their affiliates will not be published on Engage Media properties However, Engage Media will honor requests to post members’ press releases on its curated news feeds (example).
— Members should submit article drafts that are within the topical scope of Engage Media properties. Submissions that contain primary themes that deviate from these areas are subject to rejection.
— Engage Media reserves the right to decide where to position articles after they are published. This includes placement in the various sections of its publications.
— Superlative and subjective language about one’s company (e.g., “leading solutions provider”) is subject to edits.
— Members can link to their website or that of affiliates within submitted articles, but Engage Media reserves the right to limit the number of self-referential links.
— Members’ websites will be linked in the short bio that accompanies each Thought-Leaders published article
— Calls to action or contact information will not be included in Thought-Leaders-published articles (e.g., “contact our sales department to find out more.”). However, links to customers’ websites can be embedded in more subtle ways, such as hypertext in fitting places throughout articles.
— PR companies or marketing agencies are prohibited from writing on behalf of their clients, or purchasing one membership to share amongst several clients. Articles must be in the genuine voice of their authors, and one company is allowed per membership.
— Engage Media will provide published best practices (example) and will be available for questions from members about their submission topics. However, the program does not perform writing coaching, nor does it write/collaborate articles for or on behalf of members.
— Email support is offered to members for general questions, account matters or technical support, which can be accessed via online forms when logged in to Thought Leaders.


Copyright Infringement and DMCA Policy

As Engage Media asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If the customer believes that material located on Engage Media websites violates their or others’ copyright, they are advised to notify Engage Media in accordance with its Digital Millennium Copyright Act (“DMCA”) Policy, using contact forms placed throughout its websites and “Contact Us” pages. Engage Media will respond to all such notices, including as required or appropriate by removing the infringing material or disabling links to the infringing material. Engage Media will terminate a customer’s access to its digital properties if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Engage Media. In the case that such termination applies to customers of Engage Media’s paid products, Engage Media will have no obligation to provide refunds of any amount.

Intellectual Property

This Agreement does not transfer from Engage Media to the Customer any Engage Media or third party intellectual property. All right, title, and interest in and to Engage Media intellectual property will remain (as between the parties) solely with Engage Media. Engage Media’s logo and that of all its publications and properties, and all other trademarks, service marks, graphics, and logos used in connection with Engage Media are trademarks or registered trademarks of Engage Media or its licensors. Other trademarks, service marks, graphics, and logos used in connection with Engage Media may be the trademarks of other third parties. The Customer’s use of Engage Media digital products grants the custoper no right or license to reproduce or otherwise use any Engage Media or third-party trademarks.

Curation

A portion of the content on Engage Media digital properties is curated, using third-party sources. The Customer acknowledges that Engage Media does not sell third-party content but rather provides a service that consists of human expertise and applied time to select and aggregate third-party content. All curated material included in Engage Media properties is otherwise available without cost on other websites, or has been previously distributed and designated as complementary by its owner(s), and is used by Engage Media in good faith and in compliance with fair use laws.

Changes

Engage Media reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is the Customer’s responsibility to check this Agreement periodically for changes. Customers’ continued use of or access to Engage Media properties following the posting of any changes to this Agreement constitutes acceptance of those changes. Engage Media may also, in the future, offer new services and/or features through its publications and properties. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Engage Media may terminate customers’ access to all or any part of its publications and properties at any time if the customer materially breaches this Agreement and fails to cure such breach within thirty (30) days from Engage Media’s notice to the Customer thereof; provided that, Engage Media can terminate its services immediately as part of a general shutdown. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Engage Media publications and properties are provided “as is”. Engage Media and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Endgage Media nor its suppliers and licensors, makes any warranty that its publications and properties will be error free or that access thereto will be continuous or uninterrupted. The Customer understands that he or she downloads from, or otherwise obtains content or services through, Engage Media at his or her own discretion and risk.

Limitation of Liability

In no event will Engage, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by the Customer to Engage Media under this agreement during the twelve (12) month period prior to the cause of action. Engage Media shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

The Customer represents and warrants that (i) The Customer’s use of Engage Media will be in strict accordance with the Engage Media Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in the Customer’s country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which the Customer resides) and (ii) The customer’s use of Engage Media will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

The Customer agrees to indemnify and hold harmless Engage Media, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of the Customer’s use of Engage Media, including but not limited to the Customer’s violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Engage Media and the Customer concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Engage Media, or by the posting by Engage Media of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Engage will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The Customer may assign the Customer’s rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Engage Media may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.


Privacy Policy

Engage Media operates online publications and research companies. In all of these properties, it is Engage Media’s policy to respect site visitors’ and customers’ privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, Engage Media collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Engage Media’s purpose in collecting non-personally identifying information is to better understand how Engage Media’s visitors use its website. From time to time, Engage Media may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Engage Media also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on its websites. Engage Media only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

Customer Anonymity

EngageMedia offers different tiers of subscription-based products, including but not limited to those listed below.

AR Insider Weekly. The free AR Insider Weekly newsletter requires the collection of subscribers’ email addresses. It only collects email addresses with no other personally identifying information such as name, company or job title. It uses email addresses for the purpose of delivering the newsletter on a weekly basis, with the option for subscribers to opt-out anytime. Email addresses may also be used occasionally for messaging from Engage Media or its partners. Email addresses are never shared nor sold with any entities outside of Engage Media.

AI Engage Weekly. The free AI Insider Weekly newsletter requires the collection of subscribers’ email addresses. It only collects email addresses with no other personally identifying information such as name, company or job title. It uses email addresses for the purpose of delivering the newsletter on a weekly basis, with the option for subscribers to opt-out anytime. Email addresses may also be used occasionally for messaging from Engage Media or its partners. Email addresses are never shared nor sold with any entities outside of Engage Media.

Thought Leaders.  Engage Media’s Thought Leaders Program collects information about members that is required to manage their customer accounts. Examples include but are not limited to username and email address. Engage Media does not have access to members’ passwords, which are stored and encrypted by Engage Media’s content management system. Members can access and reset passwords, along with other account management, in the “accounts” section of Engage Media’s websites.

ARtillery PRO. Engage Media collects information about customers that is required to manage their customer accounts. Examples include but are not limited to username and email address. ARtillery does not have access to customers’ passwords, which are stored and encrypted by ARtillery’s content management system. Customers can access and reset passwords, along with other account management, in the “accounts” section of Engage Media’s websites.

Engage Media will not share customers’ or subscribers’ personally-identifying information on an individual basis (individual human entities). It does, however, reserve the right to disclose publicly the company names and logos of customers, or the names and logos of companies that individual customers are affiliated with, or employees of. These company names may be used by Engage Media in marketing materials or customer lists that it uses to validate or promote the service in its sales materials. Customers that wish to not have their affiliated company names or logos identified in this way, or that wish to be removed from existing promotional materials, can opt-out by emailing theartillry@gmail.com.

Gathering of Personally-Identifying Information

Certain visitors to Engage Media websites choose to interact with Engage Media in ways that require Engage Media to gather personally-identifying information. The amount and type of information that ARtillry gathers depend on the nature of the interaction. For example, we ask visitors who sign up for Engage Media services to provide a username and email address. Those who engage in transactions with Engage Media are asked to provide additional information including, as necessary, the personal and financial information required to process those transactions. In each case, ARtillry collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with ARtillry. ARtillry does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Engage Media may collect statistics about the behavior of visitors to its websites. Engage Media may display this information publicly or provide it to others. However, Engage Media does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Engage Media discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Engage Media’s behalf or to provide services available at Engage Media’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Engage Media’s websites, you consent to the transfer of such information to them. Engage Media will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Engage Media discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental requests; or when Engage Media believes in good faith that disclosure is reasonably necessary to protect the property or rights of Engage Media, third parties or the public at large. If you are a registered user of any of Engage Media premium products and have supplied your email address, Engage Media may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Engage Media and our products. Engage Media takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Engage Media uses cookies to help Engage Media identify and track visitors, their usage of Engage Media website, and their website access preferences. Engage Media visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Engage Media websites, with the drawback that certain features of Engage Media websites may not function properly without the aid of cookies.

Business Transfers

If Engage Media, or substantially all of its assets, were acquired, or in the unlikely event that Engage Media goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Engage Media may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Engage Media and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, Engage Media may change its Privacy Policy from time to time, and in Engage Media sole discretion. Engage Media encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have an Engage Media account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.