Meural builds technology to democratize art. We believe art enhances our lives, it connects us, and makes us human. As such we bring the world of art into homes and public spaces across the world, providing access to tens of thousands of images, fostering a sense of wonder and connection—allowing you to discover and showcase art that you love.
The Fine Print: Our Policy updated May 25, 2018
The Types of Personal Information We Collect
Information you provide to us
We collect information you voluntarily provide to us, such as your name, phone number, email address, favorite artworks, personal photos, images, video files (and any content) uploaded to Meural Products, and comments; for instance, when you want to learn more about Meural Products and Services, when you make a purchase, participate in a survey, submit a post (like a review) on our websites, favorite an artwork, or when you contact our Customer Care group for assistance with your Meural Products.
Information we collect automatically
We automatically collect information about you, such as Functional Data and Usage Data about your use of your Meural Product or information collected by using cookies and similar technologies when you use, access or interact with us via our websites or app. We may, for example, collect information about the type of device you use to access our websites, the operating system and version, your IP address, your general geographic location as indicated by your IP address, your browser type, the web pages you view on our websites, and whether and how you interact with content available on our websites.
Promotion and giveaway collection
Occasionally we will partner with Third Parties on social media and online channels to sponsor giveaways and promotions. Terms and conditions will accompany each giveaway and promotion, and it is the responsibility of all entrants to read the terms and conditions and privacy policies carefully. If you choose to share your information in order to participate in a giveaway or promotion, your entry information may be shared with such Third Parties.
Information obtained from other sources
We may receive information about you from other sources, including third parties, such as partners with whom we offer co-branded services or engage in joint marketing activities. We may also receive information about you from social media platforms, for instance, when you interact with us on those platforms. We protect data obtained from third parties according to the practices described in this Policy and we also apply any additional restrictions imposed by the source of data.
Information of children
Meural does not target and is not intended to attract children under sixteen. Although visitors of all ages may navigate through our websites or use our app, we do not knowingly collect or request personal information from those under the age of sixteen without parental consent. If, following a notification by a parent or guardian or discovery by other means, a child under sixteen has been improperly registered on our site by using false information, we will cancel the child's account and delete the child's personal information from our records.
Additional Data Meural Collects
This data is absolutely necessary for your Meural Product to perform its basic functions in a secure way and you will not be able to opt out from this data collection, sharing and/or processing if you want to continue to use your Meural Products.
Registration data. This data includes your email address, last four digits of your credit card (for Meural Membership and Marketplace billing), location, language preference, Product serial number, IP address, and Meural account login information (as described above).
System data. This data includes things like Product type, controller device type, controller operating system, software version, information about WiFi antennas, backlight settings, Product orientation, the names you have given your Meural Product in different rooms, and error information.
Why we collect Functional Data: We collect this information to help ensure that your Meural Products are working properly, to provide you with customer support and to honor your visual art preferences which is necessary for the performance of the agreement we have with you. We also collect this information to guide product improvement and customer support decisions which is our legitimate interest.
In order to improve your experience with Meural Products and to offer better Meural Products and Services that meet the needs and expectations of our customers, we collect the following Usage Data.
Performance Information. This includes things like the lighting environment of your Product, WiFi information like signal strength, how often you use Meural art services you have connected to your Meural system, information about how often you use the Meural app versus other control mechanisms, flow of interactions within the Meural app, how often you use the physical controls on the unit, and location data when the Meural app is in use, flow of interactions within the Meural app, and duration of Meural Product use.
Activity Information: This includes duration of image viewing, image downloads, Product grouping (if multiple Products on a single registered account) information, command information (such as image rotation, brightness adjustment, schedule settings, and image rotation), information about playlist data; and Meural playlist or Meural favorites information; each correlated to individual Meural Products. If you enable voice control we will collect comparable information about usage and control.
Why: We collect this information so that we can help ensure Meural Products are functioning properly, to determine what types of Product or feature improvements would please our customers most and to help predict potential problems with Meural Products. Collecting this data is our legitimate interest to help you with issues you may experience.
Customer Interactions and Data Collection
To make the information in this Policy easy to understand, we have highlighted different occasions when Meural could potentially collect personal information from customers. The customer interactions with Meural are broken down into the following segments:
Learning about Meural
As you gather more information about Meural, you may virtually or physically visit a site that we own. Examples include browsing our website, calling our in-house sales representatives, physically visiting a Meural-owned store or attending Meural-sponsored events. To learn more about Meural Products, you may voluntarily provide personal information, such as your name and email address during these interactions. We may also collect information about you online via cookies or similar technologies when you visit our websites.
We collect: name, email address, IP address, and information provided by cookies or similar technology.
Why: We use this information to share news about events and products offered by Meural. Additionally, the IP address helps us to understand geographic information about our websites’ visitors better so that we can improve our websites for everyone. It is our legitimate interest to process your personal data for these purposes.
Buying Meural Products
Once you have decided to buy a Meural Product, we offer a way for customers to buy directly from us at www.meural.com or at a Meural retail store. When you buy from us, you will be asked to provide information so that we can complete your purchase.
We collect: your name, phone number (optional if in the U.S.), email address, delivery/shipping address, and payment information.
Why: We use this information to complete your transaction, follow up with you about your purchase, help with any delivery issues, handle returns, and other issues related to the purchase of your Meural Products. Processing your personal data for this purpose is necessary for the performance of the agreement we have with you. Please note, we do not store full payment or credit card information. We only use payment information in connection with the purchase of Meural Products.
Registering your Meural System
Once you receive your Meural Products, you will be required to connect your Product to a network at home. Each Meural Product needs to be connected to the internet for setup. As part of the initial setup, you will be asked to download the Meural control app from either our website or a third-party website, such as the Google Play Store. The Meural app allows you to control your Meural system from the device of your choice (for example your phone or tablet). During the setup process, the Meural app will ask you to set up an account and register your system with Meural. You must register your Meural Products in order for them to work.
As part of registering your Meural Product, the app will prompt you to enter information such as an email address and location data (country, postcode). It is required to provide this information to register your Meural system. Your Meural system will then establish a unique numeric identification number which we use to help identify your specific Meural system in a less personal manner. This identification number will be associated with the email address that you provide along with the Product serial number and the Product alias from where the Product connected. As part of registration, you will need to set up a Meural account. We collect your password to your Meural account which is only used for authentication and Meural account access.
We collect: your name, phone number, email address, last four digits of your credit card (for Meural Membership and Marketplace purchases), location data, your password and IP address. Please note, your password is stored using one-way hash, which means that it cannot be recovered (or disclosed) by anyone, including Meural.
Why: We collect this information to help get your Meural Product working securely (which helps prevent unauthorized access to your Meural Products or home network). This processing is necessary for the performance of the contract we have with you. We also use your email to send you Meural-related notifications, such as promotional messages, software updates, information about Meural Products and/or Services, and to share exciting Meural news and Product offerings. It is our legitimate interest to process your personal data for these purposes.
Using Meural Products
There are three main reasons we collect information from your Meural Products: (1) to offer you art and image content choices which is necessary for the performance of the agreement we have with you, (2) to offer you control over your Meural system which is necessary for the performance of the agreement we have with you, and (3) to make your Meural Products better over time which is our legitimate interest.
Direct Control or Voice Control Functionality:
As the world and our homes become more connected, we realize that our customers may prefer to control their Meural Products by means other than their Meural app, for example by using a voice-enabled product (such as Amazon Alexa), through a home control mechanism.
To enable this function, you will be prompted to allow such devices to connect with your Meural system. Once this function is enabled, we collect and process the Functional Data and the Usage Data.
Meural will share a subset of this data with partners that you have specifically authorized to receive such data, in order to ensure that the voice or direct control function is working properly. If you wish to stop us from gathering this information or sharing it with the parties you have authorized, simply disable the feature (for example, disable voice control) or unlink the feature (for example, unlink your home automation remote) from your Meural Products. However, the voice control function or other direct control functionality will not work unless you authorize us to collect and process the data as outlined in this section.
We collect: Functional Data and Usage Data
Why: This information is needed to fulfill the agreement we have with you, to ensure proper functionality and to help improve these features which is also our legitimate interest.
Getting Help from Meural
From time to time, you may decide to contact our Customer Care group for assistance with your Meural Products. To be able to offer you the best service possible, we may collect certain data from you or your Meural Products.
We collect: This may include contact information, such as your name, email address, phone number, social media identifiers (if you contact us using a social media channel), and the content of your chats and other communications with Meural Customer Support (including voice recording if you call Customer Support). In certain situations, it is useful for the Customer Support team to have a 'Diagnostic' of your Meural system. This is essentially a technical system snapshot of all relevant information leading up to the incident and includes information such as the Product configuration, WiFi signal and router information, error codes, device information (e.g. the operating system, and version of the Meural app being used). Collecting the above described information is necessary to provide customer support.
Why: We collect this information to give you the best and most efficient customer support possible. For instance, for customer inquiries and technical questions, we use contact information to respond to the customer in their preferred channel (phone, email, social). For technical problems, we use system diagnostic data to effectively troubleshoot the issue. For product returns and/or exchanges, we use contact information to ensure successful product receipt and/or delivery. Using these types of your data is necessary to fulfill the agreement we have with you.
How We Use Personal Information
Meural uses the data we collect to provide you with the Meural Products and Services we offer, which includes using data to improve and personalize your experiences, for example recommending artists, artworks, playlists, Products and Services you might like. We also use the data to communicate with you, for example, informing you about your account, new Meural Products or Services available, security and other types of updates.
Meural uses the data for the following purposes:
Providing our Product Experience
We use data to provide, operate, support and improve the Meural Products and Services we offer to ensure our customers can listen as effortlessly as possible. This processing is necessary for the performance of our agreement we have with you.
We use data to respond to customer inquiries, diagnose Product problems, repair customers' Meural Products and provide other customer care and support services. This processing is necessary for the performance of our agreement we have with you, as well as to serve our legitimate interest.
We continually use data for research purposes and to develop and improve our Meural Products and Services, including maintaining and improving the performance of our Meural Products and Services, developing and adding new features or capabilities, such as using error reports to improve security features, using search queries and clicks to improve the relevance of search results and using usage data to determine what new features to prioritize. This processing is necessary to serve our legitimate interest.
Security, Safety and Dispute Resolution
We use data to protect the security and safety of our Meural Products and our customers, to detect and prevent fraud, to resolve disputes and enforce our agreements. This processing is necessary to serve our legitimate interest.
We use data to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business. This processing is necessary to serve our legitimate interest.
Communication, Marketing and Advertising
How We May Share Personal Information
Meural does not and will not sell personal information about our customers. We only disclose your data as described in this Policy. We may share information with the following types of third parties.
Third Party Vendors
Meural uses a variety of third-party vendors to carry out services like websites management and hosting, online Product purchases and shipping, credit card processing and email communications. We only share your personal data as necessary, such as to complete a transaction or to provide a Product or Service you have requested or authorized and only with vendors or agents working on our behalf for the purposes described in this Policy. In this case, your personal information will be shared with these agents or contractors but only for the purpose of performing services on behalf and under instructions of Meural and in accordance with this Policy. It is our legitimate interest to share information with these parties for these purposes. For questions about third-party vendors, please send an email to email@example.com.
Meural-controlled affiliates and subsidiaries
We share information with Meural-controlled affiliates and subsidiaries for business purposes such as internal administration, promoting Meural Products and providing customers with our Meural Products and Services. It is our legitimate interest to share information with these parties for these purposes.
When legally required, strictly necessary for the performance of the services or to protect our rights, or the rights of our affiliates or users, we disclose your personal information to law enforcement authorities, investigative organizations, our affiliates or in legal proceedings.
Sale or Merger
We may share your personal information in the event of a merger, acquisition, or sale of all or a portion of our assets. Of course, we shall notify you via email and/or a prominent notice on our website and inform you of your rights.
Sharing and Disclosure of Aggregate Data
We share data in aggregate form and/or in a form which does not enable the recipient of such data to identify you, with third parties, for example, for industry analysis.
Please note, our Meural Products include links to products or applications of third parties whose privacy practices may differ from Meural. If you provide personal data to any of those third parties or their products, your data is governed by their privacy statements, and we encourage you to read these privacy statements carefully.
When sharing data with third parties, your personal information may be transferred to countries where data protection laws may provide a lower standard of protection for your personal information than your country. We take great care in protecting your personal information and have put in place adequate mechanisms to protect it when it is transferred internationally. We will transfer your personal information in compliance with applicable data protection laws and will implement suitable safeguards to ensure that your personal information is adequately secured by any third party that will access your information (for instance, by using the Standard Contractual Clauses as approved by the European Commission). If you have questions or wish to obtain more information about the international transfer of your personal information or the implemented safeguards, please send us an email to firstname.lastname@example.org.
The Legal Bases for Using Personal Information
There are different legal bases that we rely on to use your personal information, namely:
Performance of a contract
The use of your personal information may be necessary to perform the agreement you have with us. For example, to complete your purchase of your Meural Product, to register and maintain your account, to help with delivery issues, to handle returns, to register your Meural system and to make sure that your Meural Product performs its basic functions in a secure way or to respond to your requests.
We may use your personal information for our legitimate interests. For example, we rely on our legitimate interest to analyze and improve our Meural Products and Services and the content on our websites and app, to send you notifications about software updates or information about Meural Products and Services or to use your personal information for administrative, fraud detection or legal purposes.
Where we process your personal information based on our legitimate interest and no opt-out mechanism is available to you (e.g. in your Meural Product settings), you may exercise your right to object by sending an email to email@example.com.
Security, Storage and Retention of Personal Information We Collect
Meural is committed to protecting the security of your personal information. However, while we take reasonable precautions to guard the personal information we collect, no security system is impenetrable.
We use a variety of appropriate technical and organizational measures and industry standards to protect your personal information and help prevent information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. For example, we store the personal data you provide on computer systems that have limited access and are in controlled facilities. Additionally, we make best efforts to ensure that our third-party data center vendors provide adequate security measures. Additionally, your data is protected with encryption, such as Transport Layer Security (TLS), during transmission over the Internet. Moreover, your password is stored using one-way hash, which means that it cannot be recovered (or disclosed) by anyone, including Meural (it can only be reset).
You can only access your Meural account information and our service through the use of an individual user login and password. To protect the confidentiality of your personal information, you must keep your password confidential and not disclose it to any other person. Please alert us immediately if you believe your password has been misused. Additionally, always log out and close your browser when you finish your session. Please note, we will never ask you to disclose your password.
If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org.
Personal data collected by Meural may be stored and processed in your region, in the United States (for instance in our major data centers), or in any other country where Meural or its affiliates, subsidiaries or service providers are located or maintain facilities. Meural has put in place adequate mechanisms to protect personal information when it is transferred internationally, for example by using the Standard Contractual Clauses as approved by the European Commission.
We want you to be in control of how your personal information is used by us. Subject to local law, you can do this in the following ways: you can ask us for a copy of the personal information we hold about you; you can inform us of any changes to your personal information, or if you want us to correct any of the personal information we hold about you; in certain situations, you can ask us to erase, block or restrict the personal information we hold about you, or object to particular ways in which we are using your personal information.
Where we are using your personal information on the basis of your consent, you are entitled to withdraw that consent at any time. Moreover, where we process your personal information based on legitimate interest or the public interest, you have the right to object at any time to that use of your personal information.
We rely on you to ensure that your personal information is complete, accurate and current. Please inform us promptly of any changes to, or inaccuracies of, your personal information by contacting email@example.com.
We will respond to your request as soon as possible but certainly within 30 days. For more information about how you can control the collection and use of Usage Data and your Communication, Marketing and Advertising Preferences, please visit Your Choices sections below.
We are committed to working with you to obtain a fair resolution of any complaint or concern you may have about our use of your personal information. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to lodge a complaint with the data protection authority in your country (if one exists in your country) or supervisory authority.
Meural Account and Meural App
If you wish to access, edit or remove profile information, change your password, close your account or request deletion of your personal data, you can do it by logging in to your Meural account or Meural app or sending an email to firstname.lastname@example.org. If you cannot access certain personal information collected by Meural via the Meural account, the Meural app or directly via the Meural Product that you use, you can always contact us by sending an email to email@example.com. We will respond to any request to access or delete your personal data as soon as possible but certainly within 30 days.
Your Communication, Marketing and Advertising Preferences
You can opt out of receiving direct marketing communications from Meural by following the instructions included in every email sent to you via the “Unsubscribe” tab. You can also opt out of select email subscriptions by following the instructions included in every email sent to you via the “Update preferences” tab. You can also opt out or update app push notification settings directly in the operating system settings of your mobile device. We respect your choice, and we will stop sending you promotional emails once you unsubscribe or change your communication settings.
We maintain telephone “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.
Please note, regardless of your communication settings, we will continue to communicate with you regarding changes to terms and conditions, policy updates, Meural Product software updates, routine customer service messages such as information about current or past purchase, delivery of products, service interruptions, data breaches or other significant information about a Product you own such as discontinuation of support or safety issues.
A 'cookie' is a small data file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. The length of time a cookie will stay on your computer or mobile device depends on whether it is a "persistent" or "session" cookie. Meural uses both types of cookies. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted. We use the following types of cookies on our website.
Operational cookies: These cookies are essential for you to browse our website and use its features. Without these cookies, services like shopping baskets cannot be provided.
Performance cookies: These cookies collect information about how you use our websites. This data may be used to help optimize our website and make it easier for you to navigate.
Functional cookies: These cookies allow our websites to remember choices you make and personalize your experience. We may store your geographic location in a cookie, for instance, to ensure that we show you the websites relevant to your area.
Advertising cookies: We may use first-party or third-party cookies and similar technologies to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. Third-party cookies are those placed by websites and/or parties other than Meural. These cookies may be used on our websites to improve our products or services or to help us provide more relevant advertising. Third-party cookies are subject to the respective privacy policies for these external services.
Analytics cookies. We use analytics cookies, like those offered by Google Analytics, to help us understand things like how long a visitor stays on our websites, what pages they find most useful and how they arrived at Meural.com. You can opt out of Google Analytics tracking here.
Advertising and Modern Marketing Tools
To help more people explore and enjoy art with Meural, we use several modern marketing tools in support of our advertising efforts.
If you have opted out of receiving communications from us, we will not use your email for interest-based advertising.
Do not track and how to control cookie settings
If you would like to opt-out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your Personal Information, you consent to any transfer and processing in accordance with this Policy.
How to Contact Us
If you have any questions about the use of your personal information, please send an email to firstname.lastname@example.org.
Meural may modify or update this Policy when necessary to reflect customer feedback and changes in our Meural Products and Service. Please review it regularly. When we update this Policy, we will revise the 'Last Updated' date at the top of the Policy. If there are material changes to the Policy or in how Meural uses your personal data, we will notify you either by posting a notice of such changes before they take effect or by directly sending you a notification. We encourage you to regularly review this Policy to learn more how Meural is using and protecting your information.
What information does Meural collect about me?
Meural collects your name, phone number, email address, shipping address, payment information, location data, IP address, social identifiers, data provided by cookies and similar technologies, functional data such as registration and system data, as well as usage data; for instance, performance and activity information.
Why does Meural need my information?
Meural uses the data we collect to provide you the best experience within products and services we offer, which includes using data to improve and personalize your experiences. We also use the data to communicate with you, for example, informing you about your account, new products or services available, security and other types of updates.
How is my information used?
Meural uses the data we collect for the following purposes:
Future Product Development
Security, Safety, and Dispute Resolution
Product Performance Analysis
Communications and Marketing
How does collecting my information help Meural improve its products?
We use the information to help get your product working and to make sure that we are offering you the right art options based on your preferences. We also collect error reports, so we can make improvements to eliminate potential bugs and problems. And finally, understanding how and when our customers collectively use their systems helps us design new ways to bring art to walls around the world.
Do I need to register my Meural products for them to remain updated and fully functional?
Yes. This is fundamental to providing a secure internet–based art system.
Does Meural sell information to third parties?
No. We never have. And we never will.
Can I opt out of sharing my information to Meural?
Yes, you can opt out of submitting certain types of personal information to Meural; however, certain categories of the data that we collect, referred to as functional data and usage data, are necessary for your Meural product to perform its basic functions in a secure way and you will not be able to opt out.
How do I delete my personal data from Meural and what are the consequences?
You can always send us an email to email@example.com or contact our Customer Care team and request that your data be deleted. Please note, however, that by deleting your personal data your Meural products will stop working.
Does Meural keep or share my credit card information?
Meural does not keep your full credit card information and never shares it. It’s only used to process your payment at the time of purchase. In order to process recurring membership fees, Meural stores the last four digits of your credit card.
Is Meural using cookies or pixels to gather information?
Does Meural use interest-based advertising?
Yes. We work with third-party advertisers that utilize cookies and similar technologies to provide more relevant advertising about Meural on our website and across the internet. To provide interest-based advertising, the advertisers combine non-personal data learned about your online activities over time to customize the advertising delivered to you. We do not share your personal information to do this.
If you have any questions about the use of your personal information, please send us an email to firstname.lastname@example.org.
Effective March 1, 2015 © Meural Inc.
The web sites and services covered by this Policy
Our policies concerning children
What personal information we collect from you
What non-personal information we collect from you
Information on "cookies" and related technology
How we use and share the information that we collect from you
How you may access or change the information you have provided to us
Other important agreements that govern your use of our sites and services
Information for persons outside the United States
Our commitment to secure the personal information we have collected
Notice of changes to the Policy
If you have any questions, complaints, or comments regarding this Policy, please contact Meural at email@example.com.
The web sites and services covered by this Policy
We currently operate the following web sites (the "Site" or "Sites") www.meural.com, and others collectively (“Services”):
From time to time, we may add new Services that may not be listed above, but they will provide a link to this Policy and will be governed by its terms.
Our policies concerning children
Meural complies with the Children's Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet.
Children under the age of 13
If you are under the age of 13, you may not create an account on the Site. You may not sign up for any subscription service or buy anything through our Services.
Meural will not knowingly collect, maintain, or disclose any personal information from children under the age of 13.
Youth between the ages of 13 and 18
If you are between the ages of 13 and 18, please have your parent or guardian read this Policy and get his or her permission before you give us any of your personal identifiable information, before you use any of our message board or chat features, before you sign up for any Services, and before you buy anything from the Sites. Do not post your real name on a web site or message board, and never tell anyone online anything private about yourself or your family, including your phone number and address. Use screen names at all times. Some areas of the Services may have special rules for children under the age of 18. When you are in those areas, you must follow those rules.
Information for Parents/Guardians
Meural encourages parents and guardians to spend time online with their children to become familiar with the types of content available on the Internet. Parents and guardians should regularly oversee their children's use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids. We encourage parents to familiarize themselves with those tools and use them to customize the web experience of their children to their own parental standards.
If you are a parent or guardian who has discovered that your child has submitted his or her personal information without your permission or consent, Meural will take reasonable steps to remove that information from the Meural database at your request. To request removal of your child's information, please send an e-mail to us at firstname.lastname@example.org and be sure to include your contact information in your message.
What personal information we collect from you
We do not collect any personal information from you, unless you provide it to us in one of the ways discussed in this Policy. You may provide us this information directly through our Services. If you decide to provide us your personal information (e.g., name, email address, and mailing address), we will collect only the personal information which is needed to fulfill your requests and our legitimate business objectives. If you have an account with our Site, your username will be your email address. If you refuse to divulge your personal information when requested, you may not be able to access certain areas as part of the Services (such as chat rooms and message boards).
We may also collect information from you related to your performance or use of our Services. As an example, we may share information about your performance, including statistics, scores, or similar accomplishments on a “leader board” or other similar posting comparing your performance to other user’s of our Services.
Memberships and Registration
In order for you to register for our Services, we may require you to provide us with information such as a name, email address, state and country of residence, zip/postal code, birth date and gender. Some areas of the Services may allow you to visit as a guest and remain anonymous, but you may not be able to access all the content and features of those areas without registering (in order to participate in our Site, additional information, such as your real name and billing information, may be required). You may be asked to choose a user or member name and password. Please do not use your real name or the real name of another person when selecting a user name.
Please note that your user name will be available to the Internet's general public while you participate in some Services, like our Site, chat rooms or message boards, so you should exercise discretion when using these Services. Personal information disclosed by you within our chat areas, instant message service, or message boards, can be collected by other users of such Services and may result in unsolicited messages. We are not responsible for protecting such information that you may disclose to third parties through our Services (e.g. sending your telephone number to another user through the chat service). To the extent that you create a public profile that may be available to others on our Services, you are solely responsible for its content and accuracy at all times. To edit, change, or delete such information, follow the instructions provided on our Services.
As part of your participation in the Services, we may send you email. You must have a an account and have given us your email address in order to receive emails from us. You may be asked for additional personal information when you ask to receive email. You can opt out of receiving future emailing from us by following the directions contained in the email to "unsubscribe."
What non-personal information we collect from you
General, aggregated, demographic, and non-personal information may be collected by Meural . It will not be linked to any of your personal information, through cookies or other means, without your consent. This type of anonymous, aggregated profiling and session data may include information that you have provided to us through surveys, polls, etc., but will not be tied to any personal information, without your consent. It may also include aggregated anonymous information about Site usage and the customer base.
As part of the registration process for some Services, you may be asked to provide information that does not personally identify you. For example, you may be asked to provide information concerning your entertainment preferences, purchasing habits, and the like. This information is generally optional. This preference information may be tied to personal information. Meural requests this information to understand you better and to also bring to your attention new services, programs, or offers that may be of interest to you.
Information on cookies and related technology
Meural Services and advertisements on such sites, may contain "cookies."
A cookie is a piece of data that is sent to your browser, which will store the cookie on your computer if your browser is enabled to accept cookies.
Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or "Help" screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Meural Services may not function properly.
When visitors come to our websites, third parties may place cookies on their browsers for the purposes of targeted advertising. This data may include IP addresses, cookie identifiers, and website activity. If you'd like to opt out of receiving targeted advertising, go to optout.networkadvertising.org.
How we use and share the information that we collect from you
Personal information which we collect for a particular purpose will be saved and used for that purpose, unless you have agreed to allow us to use it for some other purpose, as described in this Policy. Except as discussed in this policy, we will not sell, rent, or otherwise use your personal information for a commercial purpose unless approved by you.
When you have provided personal information to us for a particular purpose, we may disclose your information to other companies that we have engaged to assist us in fulfilling your request. This may include, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third party service providers. We may also disclose any of your personal information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by applicable law, or, as we deem necessary in our sole discretion, in order to protect the legitimate legal and business interests of Meural.
We may use the information we collect from you for the purpose of providing you with technical support, customer service, and account maintenance. We use the information we collect to learn what you like, tailor your experience accordingly, and to improve web sites and our other products. We will sometimes send promotional or community e-mail to our members and to the general public who want to receive e-mail from us. However, if you want to stop receiving e-mail from us, you can "opt out" of receiving it by following the unsubscribe instructions listed in each e-mail.
So, long as you give your consent, we may also share your personal information with certain marketing partners to bring you products and services you may be interested in. In addition, we sometimes share general, demographic, or aggregated (not personal) information with third parties about our user base, but that information does not include any personal information.
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Sites, of any personal information contained in the Meural database for such site, if Meural assigns all of its rights and obligations regarding the use of your personal information at the time of a bankruptcy, merger, acquisition, sale of all or substantially all of Meural’s assets to a subsequent owner or operator, or similar event.
Meural Inc. Corporate Address
Meural Inc. is a Delaware Corporation. For Corporate and urgent matters it is reachable at the following address:
625 Broadway, 11th Floor
New York, NY 10012
Corporate Number: 888.706.3872
How you may access or change the information you have provided to us
If you would like to modify any personal information you have provided to us, or have us no longer use this information, please follow the instructions associated with the Services. If you have any questions or would like to access or change your information via email, please contact us at email@example.com.
Other important agreements that govern your use of our sites and Services
In addition to this Policy, your rights and obligations concerning our Services are governed by the applicable web site terms of service, the applicable Site's end user license agreement, and other applicable policies, guidelines, and requirements including those associated with third-party websites necessary to participate in our Services. When you sign up to use our Services, please review each such agreement carefully, as you must agree to be bound by each such agreement before you may use the service.
Information for persons outside the United States
By consenting to this Policy, you confirm that your command and knowledge of English is sufficient to understand the terms and conditions set forth herein.
For persons in European Union countries, as used herein, terms such as "personal information" refer to "personal data" as defined by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("Directive"). We will not collect any personal data from you unless you provide it under the terms of this Policy. By using Meural Services, you agree that we may transfer your personal information outside the European Union in connection with the purposes stated in this Policy. Your personal data will be transferred to the United States (and/or other non-EU jurisdictions, as applicable).
Our commitment to secure the personal information we have collected
While Meural takes precautions against possible breaches in its web sites and customer databases, no web site or Internet transmission is completely secure. Consequently, Meural cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Meural sites and Services is at your own risk. Meural urges you to take steps to keep your personal information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your user account, and closing your web browser whenever you finish your session or leave your computer in a public area.
Meural employs a security technology known as a secure-socket-layer ("SSL") to protect the transmission of critical account information, such as credit card transmissions, through the Services. Unless otherwise specified, credit card numbers are used only for payment processing and are not retained for marketing purposes.
Notice of changes to the Policy
Meural reserves the right to change this Policy at any time by notifying registered users via e-mail of the existence of a new Policy and/or posting the new Policy on the associated Services. All changes to the Policy will be effective when posted, and your continued use of any Meural Services after the posting will constitute your acceptance of, and agreement to be bound by, those changes.
Effective March 1, 2015 © Meural Inc.
Thank you for reading! Meural Inc. (“Meural”) sells an internet-connect digital canvas system, a combination of simple hardware and easy-to-use cloud, mobile, and device software. The result: your Meural devices (each a “Meural Device”) work to display beautiful artwork, photography, and other content.
PLEASE READ THIS MASTER TERMS OF SERVICE (“TERMS OF SERVICE”) CAREFULLY. BY ACCESSING OR USING WWW.MEURAL.COM OR ANY OTHER WEBSITES OF MEURAL, ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “SITE”) IN ANY WAY, INCLUDING PLACING YOUR PRE-ORDER AND/OR BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MEURAL, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF SERVICE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, THAT VISITED THE SITE OR THAT PLACED THE PRE-ORDER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SITE.
THE TERMS OF SERVICE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
USE OF THE SITE.
You are solely responsible for the use of the Site. By using the Site, you acknowledge that your use of the Site is solely at your own risk. Your use of the Site is subject to these Terms of Service and any additional terms provided by Meural (“Additional Terms”) (collectively, the “Terms”).
In addition to these Terms, the following Additional Terms apply to your use of the Site or Meural Device. By using the Site or placing your pre-order for the Meural Device, you agree to be bound by these Additional Terms, as applicable, which are incorporated herein by reference:
EULA, which governs your use of software applications you may obtain from Meural;
Any warranties or additional purchasing terms that Meural includes with your Meural Device; and
Any additional terms or conditions Meural may supply from time to time.
In the event of a conflict between the terms and conditions in this document and the terms in any of the above Additional Terms, these terms and conditions in this document will control.
PRE-ORDERING MEURAL DEVICES.
Pre-Ordering. By pre-ordering an Meural Device you acknowledge and agree that you are contributing (i.e., making a donation) to a work in progress and not making a direct purchase. In return for your contribution, you will be rewarded the number of Meural Devices you pre-ordered. The required contribution for each Meural Device is listed on the Site. When you pre-order a Meural Device, you agree to pay any amounts and fees Meural may charge you for the Meural Device. Before you are required to make any payment, you will have an opportunity to review and accept the amount that you will be charged to you. All payments are in U.S. Dollars. Meural will charge the payment method you specify at the time of your contribution. You hereby authorize us to charge all sums described herein to such payment method. If you make any applicable payment with a credit card, Meural may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Meural may change the required contribution amount for the Meural Devices from time to time by posting the changes on the Site.
Promotional Codes. We may, from time to time, offer promotional codes for purchasing Meural Device(s) (a “Promotional Code”). You may only use a Promotional Code once, and only one Promotional Code may be used per order. If for any reason we suspect a fraudulent use of a Promotional Code, we reserve the right, in our sole discretion, to cancel your pre-order. Promotional Codes sent to individuals are valid for the intended recipient only. Promotional Codes are not valid for pre-orders placed prior to receipt of, or without reference to, the Promotional Code and cannot be redeemed for cash or combined with other offers or credits. Promotional Codes are not valid for resale.
Fulfillment. You agree that Meural may cancel or refund your contribution at any time prior to the date on which we ship the Meural Device(s) and for any reason, and if Meural does so, Meural is not required to fulfill the reward.
Refunds. If you cancel your pre-order any time prior to the time we ship the Meural Device(s) as your reward, we will refund to you the amounts that you paid. After the Meural Device(s) have shipped, Meural has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Meural, in each case in Meural's sole discretion.
Taxes. Meural’s fees are net of any applicable Sales Tax. If the Meural Device(s) are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify Meural for any liability or expense we may incur in connection with such Sales Tax. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Meural is permitted to pass to its customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
THIRD PARTY CONTENT.
General. Meural may contain or display through the Site various materials and content from third parties (“Third Party Materials”). The display on or through the Site of such Third Party Materials does not in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by Meural of any third party or any affiliation between any such third party and Meural. Furthermore, in using and accessing the Site, you agree that Meural is in no way responsible for the accuracy, timeliness, or completeness of Third Party Materials. Meural’s display of specific Third Party Materials does not suggest a recommendation by Meural of the third party or any products, services, websites or plans offered. Your interaction with any third party (whether online or offline) is at your own risk, and Meural will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third party.
Third Party Links and References. The Site may contain references or links to third-party materials and websites not controlled by Meural. Meural provides such information and links as a convenience to you and such links and references should not be considered endorsements or recommendations of such sites or any content, products or information offered on such sites. You acknowledge and agree that Meural is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Site.
Subject to these Terms, Meural grants you a limited, non-exclusive, non-transferable, term-limited, non-sublicensable, revocable license to use any software that is provided by Meural that is pre- installed on, embedded in or incorporated into the Meural Device (“Embedded Software”) solely in connection with your use of the Meural Device.
Meural does not allow use of the Site for any illegal, abusive purposes, or in any manner that interferes with or interrupts the proper functioning of the Site, including but not limited to, through the use of any bot, crawler, spider, or other automated process. If you violate any provision of these Terms, your permission to use the Site will terminate automatically. Additionally, Meural, in its sole discretion may suspend or terminate your access to the Site at any time, with or without notice. We also reserve the right to modify or discontinue the Site at any time (including, without limitation, by limiting or discontinuing certain features of the Site) without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site.
SITE AND MEURAL DEVICE RESTRICTIONS.
You agree that you will not do, or attempt to do, any of the following:
Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any part of the Site, use the Site, access the Site, or use content obtained through the Site other than in accordance with all applicable Terms;
Access or use the Site for any comparative or competitive research purposes;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site or Meural Device, or features that enforce limitations on the use of the Site, Meural Device, or any content therein;
Use any manual or automated means to extract and/or compile content from the Site for any commercial purpose or otherwise;
Interfere with or disrupt the Site, networks or servers connected to the Site, or violate the regulations, policies or procedures of such networks or servers;
Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of all or part of the Site or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access the Site other than as intended; or
Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
RESERVATION OF RIGHTS.
The Site is owned and operated by Meural. The software, content, visual interfaces, interactive features, information, trademarks, logos, graphics, design, compilation, computer code, products, software, services, content, and all other elements of the Site (“Meural Materials”), are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Meural Materials, including intellectual property rights therein and thereto, are the property of Meural or its subsidiaries or affiliated companies and/or third-party licensors. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Meural Materials. Meural reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the Meural Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in these Terms.
You may not use the Site for any purpose or in any manner that violates the rights of any third party. We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party’s intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Copyright Agent: firstname.lastname@example.org
It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.
Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.
TERM AND TERMINATION.
These Terms will remain in effect until terminated. These Terms, and your rights and licenses hereunder, will terminate immediately upon your breach of the Terms. Meural may terminate these Terms, or limit or terminate your access to the Site at any time for any reason or no reason at all. Sections 2, 3 and 7-16 shall survive the termination of this Terms of Service for any reason, along with any provisions of the Additional Terms that expressly by their terms survive.
Meural reserves the right, in its sole discretion, to add, remove, or modify features of the Site at any time for any reason without liability to you. Meural may change, modify, add, or remove portions of these Terms at any time by making such modified terms available to you on the Site. If Meural materially modifies these Terms, it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, after such material changes are made. Any changes to the Terms will be effective immediately for new users and will be effective thirty (30) days after posting notice of such changes on the Site for existing users. Meural may require you to provide consent to the updated Terms in a specified manner before further use of the Site is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site. Otherwise, your continued use of the Site constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
You agree that you will be responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless Meural and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Meural Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site at any time; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. Meural reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with Meural’s defense of such claim.
THE SITE, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE MEURAL ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE MEURAL ENTITIES DO NOT WARRANT THAT THE SITE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING THE MEURAL ENTITIES, OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, AND ANY MATERIALS OR CONTENT THROUGH THE SITE AND ANY ASSOCIATED SITES OR SERVICES IS AT YOUR OWN DISCRETION AND RISK.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY.
IN NO EVENT WILL THE MEURAL ENTITIES BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITEOR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE MEURAL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE MEURAL ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SITE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO MEURAL IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $5.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU ACKNOWLEDGE AND AGREE THAT MEURAL HAS OFFERED ITS SITE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MEURAL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MEURAL.
EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
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 or the use of any product or service provided by Meural, including the Meural Device, that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Meural, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
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 Meural should be sent to: Meural Inc., 902 Broadway, 6th Floor, New York, NY 10010. After the Notice is received, you and Meural may attempt to resolve the claim or dispute informally. If you and Meural 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 shall 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 shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall 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. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1- 800-778-7879. The arbitration shall 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 shall 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 Meural made to you prior to the initiation of arbitration, Meural will pay you the greater of the award or One Thousand U.S. Dollars (US $1,000.00). Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or Meural pursue 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 you and Meural, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall 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. The arbitrator shall 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 you and Meural.
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 shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Meural in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MEURAL 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 JOINLY 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, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall 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 shall be of no force and effect and shall be severed and the remainder of the Agreement shall 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 shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Meural.
Small Claims Court. Notwithstanding the foregoing, either you or Meural 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 shall 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 shall 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 to the personal jurisdiction of the courts located within New York County, New York and federal courts located in New York for such purpose.
Governing Law. These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York by New York residents, and without regard to conflict of law principles or the United Nations Convention for the International Sale of Goods.
Entire Agreement. These Terms (including the various additional terms incorporated herein by reference) constitute the entire agreement between you and New York, and supersedes any and all prior agreements, negotiations, or other communications between you and New York, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties.
Severability. In the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby.
Compliance with Laws. You agree to abide by all applicable laws in your use of the Site and Meural Device, including export control laws and similar regulations governing the transfer of software and other technology outside of the United States or other jurisdictions.
Assignment. You may not assign these Terms without the prior written consent of Meural, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. Meural may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding on the parties and their respective successors and permitted assigns.
Force Majeure. You acknowledge and understand that if Meural is unable to provide the Site or Meural Device as a result of a force majeure event Meural will not be in breach of these Terms. A force majeure event means any event beyond the control of Meural.
Waiver. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Meural’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of these Terms.
Export. You may not use, export, import, or transfer the Meural Device, or any services accessible via the Site except as authorized by U.S. law, the laws of the jurisdiction in which you obtained access to the Site or are using the Meural Device, and any other applicable laws. In particular, but without limitation, the Meural Device and services accessible via the Site may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using services accessible via the Site or ordering the Meural Device, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
QUESTIONS, COMPLAINTS, AND CLAIMS.
If you have any questions, complaints or claims, please contact us at email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.