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").
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.
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.
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.
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.
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.
You may cancel your Art Subscription at any time by contacting us at firstname.lastname@example.org. 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.
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”).
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.
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.
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.
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.
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.
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.
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.
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 email@example.com. 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.
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).
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: firstname.lastname@example.org. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
This Arbitration Agreement will survive the termination of your relationship with us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court.
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.
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.
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.
Meum of Art, Inc.
1120 Pacific Ave, San Francisco, CA 94133