Terms of Service

Last updated April 7, 2017.

Meum is an art retailer that blends expert curation, proprietary technology, and unique products to deliver an easy, enjoyable, personalized shopping experience. Meum of Art, Inc. (“Meum”, “MOA”, “we”, “us”, or “our”) offers a service that gives you access to art and accessories (“Products”). The following Terms of Service (“Terms”) form a binding agreement between you and us, and govern your use of the website located at www.meum.co (the "Site") and the services offered through the Site, and any orders that you place (collectively, the "Services").

Please read these terms of use carefully. By creating an account, ordering a shipment, purchasing products, using the Services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms of Use and all of the terms incorporated herein by reference, including our Privacy Policy, and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent). If you do not agree to these Terms, you may not access or use the Site or order, receive or use the art or other products made available through the Site.

These Terms of Use include a class action waiver and require binding arbitration on an individual basis to resolve disputes, rather than jury trials.

Meum reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.

Types of Users

You may simply browse the Site as a visitor or you may create an account ("Account") to become a client ("Client"). You must be a Client to order the Services.

Accounts and Eligibility

To become a Client, you must provide your name, email address, and other registration information ("Account Information"), which you should not share with any third parties. In becoming a Client, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information. We will also ask you for additional information about your art preferences in order to establish your art profile ("Art Profile"). Please keep your Account Information confidential. If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account. You may not use anyone else's Account at any time without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to be a Client. If we later discover or suspect that a person under 18 years old has requested the Services, we reserve the right to take steps to cancel that request.

We continually test new features, functionalities, services, user interfaces and products that we are considering incorporating into our Sites or Products. We reserve the right to include or exclude you from these tests without notice.

Subscriptions and Cancellation

Art Subscriptions

We offer different subscription plans for our art (each, an “Art Subscription”). The format (such as postcards and emails), the number of art recommendations you receive, and the amount you are charged may vary month to month depending on the plan you select. For example, we may provide you with greater flexibility to choose the format of recommendations you receive each month. If your Art Subscription changes, the applicable monthly Art Subscription price may also change. Changes to your Art Subscription, or other choices you may make (such as the format of recommendations you receive), may also result in changes to any applicable sales tax charges and delivery times.

If we change the prices or other charges associated with our various Art Subscription plans, we will provide you with notice of such changes, such as by email or a notice posted on our Sites.

The fees for the Art Subscriptions may be subject to change in the future. For more information about our Art Subscriptions, please visit the Pricing Page on our website. Note that we do not currently deliver outside of the continental United States.

Continuous Subscriptions

When you register for an Art Subscription, you expressly acknowledge and agree that (a) Meum (or our third-party payment processor) is authorized to charge you on a monthly basis for your Art Subscription (in addition to any applicable taxes and other charges) for as long as your Art Subscription continues, (b) the amount you are charged and the format and number of recommendations you receive each month may vary depending on the preferences you select, and, (c) your Art Subscription is continuous until you cancel it or we suspend or stop providing access to the Sites or Products in accordance with these terms.

Cancellation Policy

You may cancel your Art Subscription at any time by contacting us at team@meum.co. Any art order identified as “order processed” or “shipped” in our emails to you or your account pages, has been processed and cannot be cancelled. You will be responsible for all charges (including any applicable taxes and other charges) incurred with respect to any art order processed prior to the cancellation of your Art Subscriptions. At the time of your cancellation, you will be given a pre-paid label to return all existing merchandise (frame, art) or have an option to buy it. If you do not return or pay the amount you owe to Meum when due, then Meum will need to institute collection procedures. You agree to pay Meum’s costs of collection, including without limitation reasonable attorney’s fees.

In the event you cancel your Art Subscription, please note that we may still send you promotional communications about Meum, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein. Meum is currently an invite-only membership program, when you cancel your subscription, your spot will be given to someone else. If you’d like to restart a membership later, your account will be waitlisted.

Swaps, Sales, and Use of the Products

Under Art Subscriptions, you select Products at our website or by email and receive them by U.S. mail. We provide monthly recommendations for new Products, and when you want to swap your current Product for a new Product (a “Swap”), you contact us through our website or by email. We then send the new Product and you return the old Product using pre-paid, pre-addressed Meum mailers (“Return Packaging”). You may also be given, at our sole and absolute discretion, an option to purchase the Product and not return it (a “Sale”).

Swap Limits

You acknowledge and agree that we may place limits on the Swaps or Sales of Products, including but not limited to restricting orders placed under a single Client account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any Swaps or Sales for any reason in our sole discretion, including but not limited to availability and geographic concerns.

Allocation and Delivery

The shipping method used will be at the discretion of Meum, and delivery times are subject to change. We reserve the right to process orders and otherwise allocate Products among our members in any manner that we, in our sole and absolute discretion, determine. While Meum makes efforts to follow the preferences you express in your Art Profile, we do not guarantee that every item in your recommendations will comply with those preferences. In addition, we will, in our sole and absolute discretion, determine the quantity of Products we purchase for any particular artists or artworks, their location within our distribution network and the level of staffing and number of shipments to be processed at each distribution center. As a result of the operational practices described in this section, we may not always be able to send your latest selected Swap.

Receipt of the Products

Upon delivery, you bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, Meum does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Meum will not be liable. You will be liable for all such delays and additional delivery fees.

Use of the Products

You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor nicks, marks, or dents that are mostly invisible when the Products are installed on a Client’s wall. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion.

Swap Returns and Return Packaging

If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected Return Date, and providing Meum with a tracking number. The Meum mailer is not yours to keep. If the Meum mailer is not returned you will be charged a $50 fee.

Any returned Products must be postmarked no later than three (3) days after you receive the swap package (the "Return Date") and must be undamaged and in the original condition. You will retain title to the Products and risk of loss of the Products will remain with you until we receive the returned Products and we determine that the Products were returned undamaged and in their original condition, at which point you will be deemed to have exchanged the Products and title will return to us. We will assume that you have chosen to keep any Products that you do not postmark back to us by the Return Date, and we will charge your Account for those Products any time after the Return Date. Any exceptions permitting a return postmarked later than the Return Date must be requested in a timely manner and may be granted at the sole discretion of Meum.

Products are used; all sales are final and “as is.”

You acknowledge and agree that only those Products designated by us on the Site as available for purchase or selection are eligible for purchase or selection by you. The Products for purchase and selection have been previously rented by other customers and are not new. Meum will professionally fix and inspect the Products before they are delivered to you. However, all Products are sold or swapped on an “as is” basis, without any warranty whatsoever, and all Product sales are final.

Pricing and Payment

The purchase price (“Purchase Price”) for the Products and Art Subscriptions will be the purchase fee and delivery charges listed on the Site in connection with your purchase of the Products and Art Subscriptions. Purchase Price is as listed on the Meum website at the time of purchase. Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by Meum, shall be paid by you to Meum in connection with your purchase order. Purchase orders are final and cannot be cancelled.

You are responsible for the payment of any fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don't collect the applicable sales tax, you are responsible for payment of the applicable use taxes. Meum provides certain promotions or credits to customers. Depending on the type of promotion or credit offered, it may reduce the amount of state and local sales taxes that apply to your order. The application of the promotion or credit will be reflected on your receipt.

Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by contact us at team@meum.co. If a payment is not successfully settled and you do not contact us or cancel your Art Subscription or account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.

You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Art Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.

Pricing and Availability

We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s).

Gift Cards

Meum may offer gift cards from time to time. Meum Gift Cards can be redeemed solely through our Services for Products or Art Subscription. Meum Gift Cards cannot be redeemed for cash except where required by law. For balance information, or to replace the remaining value on a damaged card, contact: team@meum.co. Meum Gift Cards require no maintenance, activation, or other fees. Risk of loss and title for Meum Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Meum is not responsible for lost or stolen Meum Gift Cards, or for use without your or the recipient's permission. Meum reserves the right to close accounts or request alternative forms of payment if a Meum Gift Card is fraudulently obtained or used.

Free Trials

From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. Free trials are limited to one (1) per household.

Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your subscription (plus an applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the end of your free trial. Instructions for canceling your subscription are described in the section “Subscriptions and Cancellation” above. Please note that you will not receive a notice from us that your free trial has ended or that the paid portion of your subscription has begin. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.

Referral Credits

As a Client, by referring others to Meum, you may participate in the Meum Referral Program (the "Program"). If you are accepted into the Program, you will receive a referral credit toward future purchases (a "Referral Credit") when you make a Qualifying Referral. In order to receive a Referral Credit, each of the following requirements must be met (collectively, a "Qualifying Referral"): (i) you must send a referral link that is unique to you to your contact; (ii) you must disclose your relationship with Meum (e.g., "if you place an order, I'll get a credit"); (iii) the referred person must register for the Services after directly clicking the unique link, (iv) the referred person must, within a reasonable period of time, order and pay for an Art Subscription, and (v) you must be a Client of the Services. Purchases using Meum Gift Cards are not Qualifying Referrals.

The amount of the Referral Credit will be the amount specified on our Meum Program FAQ page at the time the referred friend orders and pays for an Art Subscription. You may be required to pay taxes, and we may be required to withhold taxes, on the value of redeemed Referral Credits if the value exceeds certain thresholds. Referral Credits will be reflected in your Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. In any event, the maximum amount of Referral Credits that you can receive in any calendar year is $399.

Restrictions

Referral Credits can be accrued solely by you and you may not earn Referral Credits by:

You may not earn Referral Credits under the Program in the same calendar year that you receive payments from a Meum affiliate marketing partner.

By acquiring Referral Credits, you agree and acknowledge that Meum is granting you a limited, revocable license to a digital item, and that Referral Credits are not your personal property. You may not obtain any cash or money in exchange for Referral Credits. Except as explicitly provided herein, Referral Credits are non-transferable. You are responsible for notifying Meum if you believe the number of Referral Credits in your Account is incorrect.

We reserve the right to modify, suspend or terminate the Program and to void any Referral Credits upon notice to you. We may provide such notice in any way compliant with applicable law including via email to the last email address you provided to us, by amending these terms or posting a change to the Program on our Referral Program FAQ page. All Referral Credits are voided immediately upon termination of this Agreement.

Ownership of Intellectual Property

You understand and acknowledge that the software, code, and proprietary methods and systems used to provide the Services ("Our Technology"), and the materials, information, and content made available or displayed by us through the Services (collectively, "Our Content") are: (a) copyrighted by us or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. Subject to these Terms of Use, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, noncommercial use of the Services. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to these Terms of Use. Furthermore, except for the limited license above, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products or in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of Meum or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use our Marks. Any use of third party software provided in connection with the Services will be governed by such third parties' licenses and not by these Terms of Use.

Content Guidelines

Please use good taste in any and all content, including text, links, images, and videos, you post ("Your Content") to our Services, in our forums, comments to our blog, or on any other page or website related to Meum. We reserve the right, but do not undertake an obligation, to review Your Content, and to investigate and/or take appropriate action against you or Your Content in our sole discretion if you violate the guidelines below or any other provision of these Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying Your Content, terminating your Account, and/or reporting you to law enforcement authorities.

You are solely responsible for Your Content. You assume all risks associated with use of Your Content. You understand that we do not guarantee any confidentiality with respect to Your Content. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. We will not be liable for the deletion or accuracy of Your Content; the failure to store, transmit, or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. We reserve the right in our sole discretion to pre-screen, refuse, or remove Your Content at any time for any reason. Please make sure that you only provide information to the Services that you are allowed to share without violating any obligations you may have to a third party.

We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us.

You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, providing and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.

General Rules of User Conduct

You agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.

Right to Suspend

Meum reserves the right, in its discretion, to suspend your Account, your use of the Services or the sending of Products at any time at our discretion including, as necessary to protect the security or operation of the Services.

Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively "Feedback"), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

Modifications to the Site or Services

We reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.

Privacy

We know that your privacy is important. For this reason, we have created a Privacy Policy here that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Please visit our privacy policy to learn more about how we collect, use and disclose the information that you provide to us or we otherwise learn about you through your use of the Services, including how we market our services.

Third Party Content and Other Websites

Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by us, including without limitation the websites of the brands we include in Fixes. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Services may also contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.

Disclaimer of Warranties

The Services and all content, products and services included on or otherwise made available to you through the Services are provided by Meum "with all faults" and on an "as is" and "as available" basis, unless otherwise specified in writing. Meum makes no representations or warranties of any kind, whether express or implied, as to the operation of the Services or any content, products or services included on, or otherwise made available to you through, the Services, unless otherwise specified in writing, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of the Services and products purchased through the services is at your sole risk. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products, or Services will be corrected. We specifically disclaim any liability associated with the use of the Products (e.g., rashes that may develop from wearing the Products or dyes that bleed from the Products onto other items) and you agree that you will not sue Meum for any claim related to any Products purchased through the Services. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Our Content. No advice or information, whether oral or written, obtained by you from us through the Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.

Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.

Limitation of Liability

You acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of (i) the total amount of your orders in the three (3) months prior to the date of the event giving rise to our liability, or (ii) fifty dollars (U.S. $50.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Indemnification

You agree to indemnify, defend and hold harmless Meum, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Products or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any content, information or materials you upload to the Services; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Services.

Copyright Violations

We respect the intellectual property of others, and we ask you to do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

Our copyright agent for notice of claims of copyright infringement on the Services is:

Designated Agent: Copyright Agent
Address of Agent: 1120 Pacific Ave, San Francisco, CA 94133
Telephone: (510) 646-1610
Email: team@meum.co

Arbitration Agreement; Class Waiver; Waiver of Trial By Jury

Please read this Section ("Arbitration Agreement") carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Applicability of Arbitration Agreement

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms of Use or the use of the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.

Notice Requirement and Informal Dispute Resolution

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: Meum Legal Dept., 1120 Pacific Avenue, San Francisco, CA 94133. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. Arbitration Rules. Arbitration will be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this Section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms of Use. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or $2,500.00. Each party will bear its own costs (including attorneys' fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration

If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits

If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Waiver of Jury Trial

The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Arbitration Agreement will continue in full force and effect.

Right to Waive

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.

Survival

This Arbitration Agreement will survive the termination of your relationship with us.

Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court.

Emergency Equitable Relief

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets will not be subject to this Arbitration Agreement.

Courts

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit exclusively to the personal jurisdiction of the courts located within San Francisco, California for such purpose.

General Terms

These Terms of Use and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. We will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations. We are located at the address set forth below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Survival

Even after your rights under these Terms of Use are terminated, all provisions of these Terms of Use which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Notice: Violations

We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to team@meum.co or as otherwise expressly provided. Please report any violations of these Terms of Use to team@meum.co.

Contact Information

Meum of Art, Inc.
1120 Pacific Ave, San Francisco, CA 94133
team@meum.co
(510) 646-1610