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TERMS OF USE .pdf



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TERMS OF USE
INTRODUCTION
These Terms of Use apply to all services offered by ART & ME Limited (hereinafter "ART &
ME").
The purchase of a common ownership share of the Art Work as well as the participation in the
Affiliate Programme are reserved for the User Customers who have read and accepted these
Terms of Use in their entirety, prior to each order.
By placing an order via the ART & ME mobile application (hereinafter the "Application"), the
User Customer acknowledges having read, understood and accepted, without any reservation,
the Terms of Use. In case of disagreement with the Terms of Use, the User Customer will
refrain from placing an order via the Application and participating in the Affiliate Programme.
By using the Application, any User Customer agrees to comply with the Terms of Use, and in
particular to pay all amounts due and to accept the rules governing common ownership and
the conditions and limitations of liability of ART & ME .
The User Customer declares that they have the full legal capacity to engage under these
Terms of Use.
PURCHASE OF A COMMON OWNERSHIP SHARE OF THE ART WORK
Principle
The purchase, the holding and the sale of a part of common ownership of the Art Work through
the Application are governed by these Terms of Use.
By their order, the User Customer acquires a share of common ownership in the Art Work,
alongside other User Customers who have acquired a similar share of common ownership on
the same Art Work. Common ownership derives from the Community Agreement, to which the
User Customer declares to adhere, created and governed by these Terms of Use. The User
Customer understands and accepts that this right of ownership is thus shared with other User
Customers, whether they have already acquired this right at the time of acquisition by the User
Customers or whether this right is acquired later.
The User Customer understands and agrees that the number of Customer Users who hold
common ownership rights in the Art Work cannot be known or limited in advance.
The Customer User understands and agrees that the Art Work is not intended to be sold and
therefore has no expectation of receiving any product from the sale of the Art Work.
If necessary, these Terms of Use serve as community rules applicable between ART & ME
and all holders of common ownership shares.
Purchasing process
The procedure for ordering a share of common ownership in the Art Work comprises at least
the following steps:


The User Customer downloads the Application



The Customer registers and transmits their personal data to ART & ME through the
Application



The User Client selects the Art Work



A summary, including the selection of the User Customer and the price of the common
ownership share of the Art Work acquired, allows the User Customer to check the
details of their order



The User Customer can then, subject to having previously accepted these Terms of
Use, validate their order



The purchase contract is then validly concluded



The payment of the share price of the common ownership of the Art Work that the
Customer User has ordered is made directly at the time of the order, by communication
of their credit card number by means of a secure payment system. The Customer User
therefore authorises ART & ME to charge the purchase price on their credit card. In the
event that the payment turns out to be irregular, incomplete or non-existent, for a
reason attributable to them, the sale will be cancelled, the resulting costs being
exclusively the responsibility of the User Customer;



ART & ME transmits to the User Customer, as soon as possible and by e-mail, the
confirmation of their order containing the essential elements such as the identification
of their share of common ownership of the Art Work as well as the price.

Absence of right of withdrawal
The User Customer acknowledges and agrees that the purchase of a share of the common
ownership of the ART & ME Artwork is fully executed upon validation of the order, and that
there is no withdrawal period.
Price
The prices indicated in the Application are expressed in USD and include, where applicable,
VAT. They do not include any additional taxes that may be required by applicable foreign law,
including the law of the country of domicile of the User Customer.
The User Customer understands and agrees that part of the price paid for the acquisition of a
common ownership share of the Art Work will be used to remunerate Affiliate Programme
participants as described in these Terms and Conditions of use, and therefore does not reflect
the intrinsic value of the common ownership share of the Art Work as such.
Absence of transfer right
The User Customer is not authorised to sell or assign or transmit in any other way either the
Art Work itself, or their common ownership share acquired on the Art Work. The release of
common ownership is reserved, in accordance with the section of these Terms of Use devoted
thereto.
Likewise, they have no claim to dissolve the community or share common ownership over the
Art Work.

Rights and duties of the User Customer in connection with the Art Work

In general, the User Customer, in their capacity as the joint owner of the Artwork, delegates all
of their rights of management and administration of the Art Work to ART & ME, which they
make their unique representative. In particular, the User Customer has no right of use or
possession of the Art Work.
The User Customer may, however, require to be mentioned as the owner of a share in common
ownership of the Art Work or to present themselves as such.
The Art Work is protected by copyright and/or intellectual property laws. Any unauthorised use
of the Art Work may constitute a violation of these laws. No Art Work may be reproduced in
whole or in part, in any form whatsoever and by any means whatsoever, by a User Customer
without the prior written authorisation of ART & ME.
Rights and duties of ART & ME in relation to the Art Work
ART & ME is entitled to perform any act of management and administration, ordinary or
extraordinary, of the Art Work at its sole discretion, without being accountable to the User
Customer. In particular, ART & ME remains in principle in possession of the Art Work.
However, it may temporarily divest itself of it.
ART & ME bears all the costs and gains all the profits.
The Art Work is held in United Kingdom or at any other place at the discretion of ART & ME,
without any removal of the Art Work having any impact on the rights or obligations of the User
Customers arising from these Terms and Conditions of Use.
Exit from common ownership
The User Customer has the right at any time to terminate their right of common ownership of
the Art Work by communication to ART & ME in accordance with these Terms and Conditions
of Use. They then waive all rights to and vis-à-vis the Art Work and any counter-services from
the community and ART & ME.
PARTICIPATION IN THE AFFILIATE PROGRAMME
Principle
Any Customer User acquiring a common ownership share of the Art Work automatically
participates in the Affiliate Programme. Through this Affiliate Programme, they have the
opportunity to present and share the ART & ME concept to their knowledge and to be paid in
case of subsequent acquisition by them of a common ownership share of the Art Work.
Participation in the Affiliate Programme implies the unconditional acceptance of these Terms
and Conditions of Use in their entirety.
General Operations
In order to participate in the Affiliate Programme and enjoy its benefits, it is necessary to be a
User Customer. The User Customer has the possibility to share the ART & ME concept via
WhatsApp or Messenger or other electronic means approved by ART & ME with third parties
likely to be interested in the purchase of a common ownership share of the Art Work.
The User Customer chooses and receives during the creation of their User Account an
identifier and an access code which are strictly personal. They fill in their personal data, their

e-mail address as well as their bank details. This data is covered by the ART & ME Privacy
Policy available here.
The User Account is made available free of charge to any User Customer. The User Account
remains the property of ART & ME.
Remuneration of the User Customer
An amount of USD 1.00 will be allocated to the User Customer concerned:


for any purchase of a common ownership share on the Art Work by one of their
acquaintances to whom they have introduced the ART & ME concept (the "Friend");



for any purchase on the one hand of a common ownership share of the Art Work by
another person themselves introduced by the Friend, until the tenth generation of
participants concerning them (the Friend of a User Customer representing the first
generation).

In each of the cases described above, the remuneration will be due to the User Customer only
to the extent that the purchaser of a common ownership share in the Art Work is not already a
User Customer at the time of their order.
This amount of USD 1.00 is per newly acquired and paid share. It will be paid on a monthly
basis to the bank account communicated by the User Customer in their User Account.
No promise is given by ART & ME as to the minimum remuneration, or even the absence of
remuneration, that could be charged to the User Customer in this respect.
Duties of the User Customer
If they receive a fee, the User Customer agrees to pay taxes, fees, royalties and contributions
of any kind related to this remuneration that are associated with them, particularly in their
country of residence. No liability can be attributed to ART & ME as such.
The User Customer undertakes to provide accurate and truthful information. ART & ME cannot
be held responsible for any use that does not comply with these Terms and Conditions of Use
and/or fraudulent profiles, including the use of false profiles or identity theft.
GENERAL PROVISIONS
Guarantees; restriction and exclusion of liability
Although ART & ME endeavours to inform the User Customer in the most complete and faithful
way possible, the photos, videos and texts illustrating and describing the Art Work are noncontractual and are provided for information only . They are in no way an offer from ART & ME
(which does not guarantee its accuracy) and cannot in any way be qualified as guarantees or
promised qualities.
In general, ART & ME makes every reasonable effort to ensure that the information on [its
website and] its Application is accurate and complete. ART & ME, however, rejects any
responsibility if this should not be the case. The User Customer agrees that it is their
responsibility to keep abreast of any changes to the content of the Application.
It is up to the User Customer to check with the competent authorities, in particular those of
their place of residence, as to any restrictions regarding the acquisition of an Art Work or their

participation in the Affiliate Programme. Any liability of ART & ME is excluded in this regard.
Likewise, it is up to the User Customer to check with the competent authorities, in particular
those of their place of residence, as to the possible tax consequences of holding a common
ownership share in the Art Work and of their participation in the Affiliate Programme.
Except in the case of fraud or gross negligence, ART & ME is not liable in the event of loss,
theft, destruction, deterioration or any other event that must diminish or completely eliminate
the market value of the Art Work.
ART & ME is not responsible for any risks or damages whether directly or indirectly related to
the Art Work.
In any case, the amount of the liability of ART & ME is strictly limited (i) to direct material
damage, any liability for indirect damage (including loss of income, etc.), consequential,
punitive, intangible damage (loss of data) as well as for damages relating to the person
(physical damage) and those suffered by third parties being expressly excluded, and (ii) the
sum actually paid by the User Customer in the last twelve months preceding the event giving
rise to liability.
Use of the Application and e-mails; connection data
When the User Customer communicates with ART & ME by e-mail or through the Application,
they must take into account that the protection of messages transmitted over the Internet is
not guaranteed. Therefore, by sending important or non-encrypted messages via e-mail or
through the Application, the User Customer accepts the risks of this uncertainty.
Each User Customer is responsible for maintaining the confidentiality of their User Account
number and/or password, if applicable. They are responsible for all uses of their User Account,
whether or not they have actually or expressly authorised them.
Status of the User Customer
The User Customer acknowledges that they are neither an employee nor an agent of ART &
ME; nothing in these Terms of Conditions of Use gives them such a position.
The User Customer has no power to bind ART & ME to third parties under a contract or other
commitments. They must not give the appearance of being able to do or say anything in the
name and on behalf of ART & ME, nor to allow such powers to be attributed to them.
Data Protection
As part of the collection and processing of personal data, ART & ME is subject to data
protection legislation and the new General Data Protection Regulation (GDPR). For more
information, please see our Privacy Policy which is an integral part of these Terms and
Conditions of Use and available here.
Brands
The trademarks or products and logos displayed on this site or on the Application are the
property of ART & ME or third parties. The use of these trademarks or logos without the prior
written consent of the owner of the trademarks or logos is prohibited.
Modification of the Terms and Conditions of Use

ART & ME reserves the right to modify these Terms and Conditions of Use at any time and
will notify User Customers of this by e-mail. If within 15 business days the User Customer has
not objected by e-mail or through the Application, the new Terms and Conditions of Use will
be deemed accepted and will take effect immediately upon the expiry of this period.
If the User Customer does not accept the new Terms and Conditions of Use. They will be
excluded from any participation in the Affiliate Programme.
Exclusion
ART & ME expressly reserves the right to not contract or to terminate the contractual
relationship with the User Customer at any time, particularly in the event of violations of these
Terms and Conditions of Use. In this case, the User Account of this User Customer will be
deleted. If a User Account is deleted, all the information related to the profile will be deleted
without ART & ME being held responsible for the consequences of this deletion.
ART & ME reserves the right, if the circumstances warrant it, to cancel or modify the Affiliate
Programme at any time without liability being incurred as a result.
Jurisdiction and applicable law
In the event of any dispute relating to the interpretation and execution of these Terms and
Conditions of Use or the contracts (sales contract and participation contract to the Affiliate
Programme) that they govern, the courts having jurisdiction over the ART & ME registered
office are exclusively competent.
English law is applicable, with the exception of the United Nations Convention on Contracts
for the International Sale of Goods.
CONTACT
ART & ME is an English company headquartered at 77 New Cavendish Street, The Harley
Building, London W1W 6XB, United Kingdom. Its contact details are as follows:
hello@artandme.app