Terms and Conditions

  • Effective: January 1, 2022

     

    Mepaintsme, LLC, a North Carolina limited liability company ("mepaintsme," "we," "our," or "us") owns and operates the mepaintsme online marketplace platform (the "Marketplace") located at https://mepaintsme.com (the "Site"), that enables users to purchase certain works of art (the "Artwork").  When we refer to the "Service" through these Terms and Conditions (hereinafter, these "Terms"), we mean the Site, Marketplace and any related services provided by us in connection with the use of the Site and/or Marketplace.

     

    The following Terms govern your use of the Service. By using the Service you accept and agree to these Terms and the mepaintsme Privacy Policy, and including, without limitation, any additional terms, policies or agreements specified and/or referenced below or otherwise incorporated into these Terms.

     

    We may revise the Terms at any time, without notice to you, such changes to be effective immediately upon posting on the Site. If you do not agree to the Terms, you are not granted permission to access or use this Site and must exit immediately.

     

    1. Eligibility.  You must be at least 18 years old or the age of majority in your jurisdiction to use the Service and to purchase any Artwork.  You affirm and represent and warrant that you are 18 years old or the age of majority in your jurisdiction, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. In addition, if you are offering to purchase any Artwork on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

     

    2. Additional Terms & Policies

    2.1. Generally.  When using particular services or materials through or in connection with the Service, you will be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in these Terms, including without limitation, our Privacy Policy, Return Policy, Infringement Policy, Cookie Policy and Accessibility Policy (collectively, the "Additional Terms").  All such Additional Terms are hereby incorporated into and made a part of these Terms by reference.  In the event the provisions of any Additional Terms conflict with these Terms, the Additional Terms shall control solely with respect to the subject matter covered by such Additional Terms.

     

    2.2 Access to Additional Terms. Additional Terms incorporated herein are available to view and download at the following addresses: 

     

    ACCESSIBILITY POLICY:

    PRIVACY POLICY:

    RETURN POLICY:

    INFRINGEMENT POLICY:

    COOKIE POLICY:

     

    3. Purchase & Payment Terms

    3.1. Orders. You agree that by placing an order through the Marketplace or otherwise submitting a written or electronic order to mepaintsme through the Site for the purchase of any Artwork (an "Order"), constitutes an offer to purchase the Artwork from us only and does not constitute an agreement by mepaintsme to sell you the Artwork.

     

    3.2. Quotes.  In some instances, where special arrangements and/or additional or customized fees are required for the purchase and/or delivery of the Artwork requested by you, we may provide you a quote via email or other communication method setting forth the special arrangements and/or additional fees for the applicable Artwork (a "Quote").  

     

    Upon your acceptance of the Quote (as evidenced by you via email or other written communication method), your acceptance shall be deemed an Order (as such term is defined above) and an offer by you to purchase the Artwork as specified in the Quote, including any applicable special arrangements and/or fees.

     

    3.3. Order Acceptance.  We reserve the right to accept or reject any Order in our own discretion. We will only accept or reject an Order in its entirety.  Should we elect to accept your Order, you will receive a confirming email at the email address that you provide at such time.  Acceptance of any Order by mepaintsme is made only on the express condition that these Terms shall govern.  Mepaintsme's failure to object to provisions contained in any communication from you will not be deemed a waiver of any provision herein. Any additional or different terms proposed by you are hereby deemed material, are objected to, and are rejected by mepaintsme unless specifically accepted in a hand-signed writing by an authorized representative of mepaintsme.

     

    3.4. Order Cancellation.  We reserve the right to cancel any Order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) within 24 hours of our having sent to you the confirming email referenced herein.  Without limiting the foregoing, mepaintsme reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any Artwork; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all Transaction(s) (as defined below); and (d) refuse to provide any user with any Artwork.

     

    3.5. Delivery; Returns.  Artwork will be shipped by a third-party carrier to the shipping address provided by you in connection with the applicable Transaction.  As a result, the risk of loss, theft, damage or destruction of the Artwork, and, if you purchased the Artwork, the title, will pass to you upon our delivery to (or pick up by) the carrier.  Except as expressly provided in our Return Policy, the Artwork and the fees paid by you for Artwork are non-returnable and non-refundable.

     

    3.6. Shipping Charges and Taxes.  You must pay all shipping charges based on the address you provide in your Order. Please note, shipping charges for certain destinations will be calculated at the time when you submit your Order and those shipping charges will be included in the total price that you are charged for your Order.  If shipping costs increase due to a change of address, mepaintsme may, in its sole discretion, require you to pay additional shipping fees or cancel your Order and refund the full amount you paid for the Order, if any.  Except where required by law or where otherwise noted below), all posted prices are exclusive of VAT and other sales taxes.  If your purchase of the Artwork is subject to any type of use or sales tax, duty or other governmental tax or fee ("Taxes"), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout and/or in the Order or Quote. You are solely responsible for the payment of all tariffs, import, customs, Taxes, and other charges (other than taxes based on mepaintsme's income), and any related penalties and interest, arising from the payment of the fees or the delivery of the Artwork by mepaintsme.

     

    3.7. Payment Terms.  You agree to, and shall, pay mepaintsme, and hereby authorize mepaintsme and its third payment processors to charge you, the fees, charges and taxes, specified in the Order submitted by you to mepaintsme for the purchase of any Artwork through the Marketplace (each such transaction to purchase a "Transaction "), in accordance with the payment terms specified therein.  You will be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card (and CCV#), your billing address, and your shipping information.  You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction.  By submitting such information, you grant mepaintsme the right to provide such information to our third party service providers for purposes of facilitating the completion of Transactions initiated by you or on your behalf.  Verification of your information may be required prior to the acknowledgment or completion of any Transaction.

     

    3.8. Rights in the Artwork.  Ownership of copyright in the Artwork will remain with applicable artist, and the artist reserves all rights in and to the Artwork not expressly granted or licensed to the purchaser of the Artwork herein, including, without limitation, all right under the Visual Artists Rights Act of 1990 (VARA) and any moral rights relating to the Artwork.  You may not make or authorize, or permit, directly or indirectly, any reproduction, modification, alteration, destruction, distortion or derivative work or public display of the Artwork that you purchase, unless you have obtained the mepaintsme Artist's prior written consent in each case. 

     

    3.9. Compliance with Laws.  It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, and use of the Artwork, and, if you have purchased Artwork, any re-sale of such Artwork, including, without limitation, any laws, rules or regulations that require the payment of resale royalties to an artist or the artist's estate.  By placing an Order, you represent that the Artwork ordered will be used only in a lawful manner and in accordance with these Terms.

     

    4. Use of the Marketplace

    4.1. Accounts. To access and use certain features of the Service you may need to create and register an account ("Account").  In registering an Account, you agree to provide and maintain up to date information that is true, accurate, current and complete. You agree that you will not (a) create an Account using a false identity or information, and (b) create an Account or use the Service if you have been previously removed or banned by us from use of the Service, or any part thereof. You understand and agree that you are solely responsible for maintaining the confidentiality of and protecting your password to your Account.  You are solely responsible for any activity originating from your Account, regardless of whether such activity is authorized by you.  You agree to notify us immediately of any unauthorized use of your Account. Mepaintsme reserves the right to limit the number of Accounts that can be created from any one computer or mobile device and the number of computer or mobile devices that can access an individual Account.

     

    4.2. Access to the Service. Subject to your compliance with these Terms, mepaintsme hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Service, over the internet, and view the Content (defined in Section 5.7 below), made available through the Service, in each case on a non-commercial basis, and otherwise in accordance with these Terms.

     

    4.3. Prohibited Use.  By using the Service, you agree that you will not, and will not permit any other person to: 

    (a) Modify, adapt, translate or create derivative works based on the Service (or any part thereof), Content, or any related documentation;

    (b) Reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Site or Marketplace, except as expressly permitted by applicable law;

    (c) Distribute, license, sublicense, assign, transfer or otherwise make available to any third party the Service, Content, or any related documentation;

    (d) Remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of mepaintsme or its suppliers on or within the Service, Content, or related documentation;

    (e) Use the Service to store or transmit malicious code or infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;

    (f) Interfere with or disrupt the integrity or performance of the Service or any system, network or data;

    (g) Attempt to gain unauthorized access to the Service or its related systems or networks;

    (h) Frame or utilize framing techniques to enclose the Service, Content, or any portion thereof;

    (i) Use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Service, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;

    (j) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;

    (k) Use the Services or provide any User Submissions other than in accordance with these Terms and/or any Additional Terms (if applicable); or

    (l) Use the Services in violation of any applicable local, state, national or international law, including, without limitation, any and all applicable export laws.

     

    5. Indemnification.  You shall indemnify, defend and hold us, our agents, artists, and others involved in the administration of the Services harmless against any and all claims, liabilities, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of or incurred in connection with your use of the Site or products or services obtained through the Site, your fraud, violation of law, negligence or willful misconduct, or any breach by you of these Terms.

     

    6. Term; Termination.  These Terms will remain in full force and effect as long as you continue to access or use the Service (or any part thereof), or until terminated in accordance with the provisions of these Terms. At any time, mepaintsme may (a) suspend or terminate your rights to access or use the Service (or any part thereof), or (b) terminate these Terms with respect to you if mepaintsme, in good faith, believes that you have used the Service (or any part thereof) in violation of these Terms, including any incorporated guidelines, terms or rules.  Upon termination of these Terms, your Account and your right to use the Service will automatically terminate.

     

    7. DISCLAIMERS. THE SERVICE (AND ANY PART THEREOF), CONTENT, ARTWORK (SUBJECT TO THE RETURN POLICY), SERVICES, AND/OR ANY OTHER MATERIALS PROVIDED BY MEPAINTSME, ARE PROVIDED "AS IS" AND "AS AVAILABLE". MEPAINTSME AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, OR NON-INFRINGEMENT. MEPAINTSME AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY GUARANTEE THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE (OR ANY PART THEREOF), CONTENT, ARTWORK (SUBJECT TO THE RETURN POLICY), OR ANY OTHER MATERIALS PROVIDED BY MEPAINTSME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE, OR ANY THIRD PARTY PRODUCTS OR SERVICES; (C) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (D) WILL BE ACCURATE OR RELIABLE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEPAINTSME, ANY THIRD PARTY, OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY.

     

    All information provided and/or made available through the Service regarding the Artwork, include without limitation, any information, images, pictures and/or materials included in Artwork listings, and/or any information about the Artist of the Artwork (collectively, "Artwork Information") is provided for informational purposes and personal uses only.

     

    You understand and agree that mepaintsme uses commercially reasonable efforts to display the colors of Artworks accurately via the Service. However, because individual computer monitors may display colors differently, mepaintsme is not responsible for the color accuracy of any Artworks displayed on the Service, and disclaims all liability in this regard.

     

    Mepaintsme assumes no liability whatsoever for inaccuracies, misstatements, or omissions related to any Artwork Information, including, without limitation, color accuracy of Artwork displayed on the Service.  Your use of or reliance upon any Artwork Information, including, without limitation, any images of Artwork displayed on the Service, is entirely at your own risk, for which we will not be liable. 

     

    8. LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEPAINTSME BE LIABLE OR OBLIGATED, WITH RESPECT TO THESE TERMS, AND ANY OTHER ADDITIONAL TERMS (INCLUDING THOSE REFERENCED HEREIN), THE SERVICE (OR ANY PART THEREOF), CONTENT, ARTWORK, AND ANY OTHER MATERIALS PROVIDED BY MEPAINTSME, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND EVEN IF MEPAINTSME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR OBLIGATION: (A) IN THE AGGREGATE, FOR ANY AMOUNTS IN EXCESS OF THE GREATER OF THE FEES PAID TO MEPAINTSME BY YOU HEREUNDER WITH RESPECT TO THE APPLICABLE ORDER FOR THE ARTWORK GIVING RISE TO THE CLAIM OR LIABILITY, OR ONE HUNDRED DOLLARS ($100.00); (B) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; (C) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES; (D) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (E) FOR ANY MATTER BEYOND MEPAINTSME'S REASONABLE CONTROL.  THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THESE TERMS OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  MEPAINTSME DISCLAIMS ALL LIABILITY OF ANY KIND OF MEPAINTSME'S LICENSORS AND SUPPLIERS.

     

    9. Application of Limitations and Disclaimers to Consumers.  Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the disclaimers, exclusions and limitations set forth herein above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer.  The limitations or exclusions of warranties and remedies contained in these Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.

     

    10. Availability of the Service. Information describing the Service is accessible worldwide but this does not mean the Service, or certain portions thereof, are available in your country. Mepaintsme may restrict access to the Service, or portions thereof, in certain countries in its sole discretion. It is your responsibility to make sure your use of the Service is legal in your country of residence. The Service may not be available or accessible in all languages.

     

    11. Governing Law and Jurisdiction. These Terms and Conditions represent the entire agreement between you and mepaintsme with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of North Carolina, United States of America, without reference to its conflict of law rules. By accessing, viewing, or using the Services, works, content, or materials on the Site, you consent and agree to (a) the personal and exclusive jurisdiction of the federal and state courts located in the County of Buncombe and State of North Carolina, United States of America; (b) accept service of process by personal delivery, mail, or email; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

     

    12. General. Neither the rights nor the obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect.  Any waiver of any provision of these Terms must be in writing and executed by all parties.  The failure of any party to exercise any right provided for by these Terms shall not be deemed a waiver of that right.  If any term or provision of these Terms is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from these Terms and shall not affect the legality, enforceability or validity of the remainder of the provisions set forth in these Terms. All parties acknowledge and agree that they are dealing with each other as independent contractors and nothing in these Terms and/or its performance shall be construed as creating a joint venture or agency between mepaintsme and you.  Mepaintsme may delegate the performance of any services hereunder to its affiliates and contractors.  These Terms, the Privacy Policy, Infringement Policy, any other Additional Terms and any other policies or terms and condition referenced herein, constitute the entire agreement between the parties regarding the subject matter, and supersedes all prior oral or written agreements or communications with regard to the subject matter described.   Any notice to you may be provided by email.  The headings of sections of these Terms are for convenience and are not to be used in interpreting these Terms.  As used in these Terms, the word "including" means "including but not limited to." You agree that these Terms will not be construed against mepaintsme by virtue of having drafted them.  The official text of these Terms (and any notice submitted hereunder) will be in English.  The parties acknowledge that they require that these Terms be drawn up in the English language only.  In the event of any dispute concerning the construction or meaning of these Terms, reference will be made only to these Terms as written in English and not to any translation into another language.  Any delay in performance of any duties or obligations of either party will not be considered a breach of these Terms if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, telecommunications or Internet failure, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, or any other event beyond the reasonable control of such party.

    QUESTIONS AND ADDITIONAL INFORMATION

    Please feel free to contact us at mpm@mepaitnsme.com if you have any questions about these Terms.

     

     

    MEPAINTSME MARKETPLACE - INFRINGEMENT POLICY

    Effective: January 1, 2022

     

    Mepaintsme, LLC, a North Carolina limited liability company ("mepaintsme", "we," "our" or "us") owns and operates the mepaintsme marketplace platform (the "Marketplace") located at www.mepaintsme.com (the "Site"), that enables users to purchase works of art (the "Artwork").

     

    This Infringement Policy applies to the Site, Marketplace, Artwork, and any related resources, materials, information and/or services provided by us through the Site and/or Marketplace (all of the foregoing, collectively, the "Services").

     

    If you are the owner any copyright, trademark, patent or other intellectual property right, or are authorized to act on behalf of an owner, or authorized to act under any exclusive right under any intellectual property rights, please report alleged claims of infringement taking place on or through the Services as set forth in 'Reporting Claims of Infringement" below.

     

    In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf (the "DMCA"), mepaintsme will respond expeditiously to claims of copyright infringement committed using the Services that are reported to mepaintsme's designated Copyright Agent, identified below.  Mepaintsme will also respond expeditiously to claims of infringement with respect to any trademark, patent and/or other intellectual property right in the same manner.

     

    Upon receipt of the Infringement Notice (as defined below), mepaintsme will take whatever action, in its sole discretion, it deems appropriate, including removal of or disabling access to the challenged material on or through the Services.

     

    Reporting Claims of Infringement

    The written notice to report infringement (the "Infringement Notice") must include substantially the following:

     

      • Your physical or electronic signature;
      • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;
      • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
      • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
      • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
      • A statement that the information in the written notice is accurate; and
      • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

     

    Our designated Copyright Agent to receive Infringement Notices is:

     

    Anderson T Ellis

    Van Winkle, Buck, Wall, Starnes & Davis, P.A.

    422 South Main Street

    Hendersonville, NC 28792

    828-697-6196

    aellis@vwlawfirm.com

     

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Infringement Notice may not be effective.

     

    Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

     

    Counter-Notification Procedures

    If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). The Counter-Notice must include substantially the following:

     

      • Your physical or electronic signature; 
      • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
      • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
      • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
      • A statement that you will consent to the jurisdiction of the Federal District Court for Western North Carolina located in Asheville and that you will accept service from the person (or an agent of that person) who provided mepaintsme with the complaint at issue.

     

    Completed Counter-Notices should be sent to:

     

    Anderson T Ellis

    Van Winkle, Buck, Wall, Starnes & Davis, P.A.

    422 South Main Street

    Hendersonville, NC 28792

    828-697-6196

    aellis@vwlawfirm.com

     

    The DMCA allows us to restore the removed content if the party filing the original Infringement Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

     

    Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

     

    Repeat Infringers

    It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights and/or trademarks or other intellectual property rights of others.

     

    Questions

    If you have any questions about this Infringement Policy, please contact us by email at: mpm@mepaintsme.com.