Terms of service
Alevon Terms of Service Agreement
PLEASE NOTE: This Agreement was last updated on August 10, 2025. By continuing to use the Platform after this date, you agree to be bound by these terms.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A BINDING MUTUAL ARBITRATION PROVISION (INCLUDING A CLASS ACTION WAIVER). BY ACCEPTING THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE TO BINDING ARBITRATION. BY ACCEPTING THIS AGREEMENT, YOU ALSO AGREE TO BE BOUND BY THE PRIVACY POLICY AT HTTPS://ALEVON.COM/POLICIES/PRIVACY-POLICY, WHICH IS INCORPORATED INTO THIS AGREEMENT.
YOU ARE RESPONSIBLE FOR CERTAIN CHARGES, WHICH MAY BE CHARGED TO YOUR PAYMENT METHOD ON FILE AS NEEDED, AS FURTHER SET FORTH IN SCHEDULE 1.
This Alevon Terms of Service Agreement is entered into between Alevon Inc., a Delaware corporation and the person accepting this Agreement for participation in the Program (defined below) and for the use and custodianship of one or more Artworks. By clicking to accept this Agreement and/or signing below, as it may be amended from time to time as provided below, you agree to comply with and be bound by the following terms and conditions. This Agreement is effective as of the date of your acceptance.
TO LIST OR RENT ARTWORKS, USE OUR SOFTWARE AND APPLICATIONS, AND PARTICIPATE IN THE PROGRAM, YOU AGREE TO BE BOUND BY THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANYWAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MAY NOT PARTICIPATE IN OUR PROGRAM IF YOU DO NOT AGREE TO THIS AGREEMENT.
WARNING: THE ARTWORK MUST BE RETURNED AT THE TIME NOTED IN THIS AGREEMENT AND IMMEDIATELY UPON DEMAND. FAILURE TO RETURN THE ARTWORK IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT MAY RESULT IN PROSECUTION AND CONVICTION FOR THEFT AND/OR CONVERSION IN ACCORDANCE WITH APPLICABLE LAW.
Alevon Inc. and its subsidiaries (collectively, Alevon , we , or us ), provide an online art rental platform that connects art owners with art enthusiasts seeking to rent or purchase Artwork. Alevon is accessible online including at hello@Alevon.com and as an app for mobile devices. The Alevon online art rental platform including its websites, blog, mobile app, and associated services is collectively referred to as the Platform . By accessing or using the Platform, including by communicating with us or other Alevon users, you agree to comply with and be legally bound by, the provisions of this Agreement, whether or not you become a Member. This Agreement governs your access to and use of the Platform and constitutes a binding legal agreement between you and Alevon.
Alevon reserves the right, at our sole discretion, to modify the Platform or to modify the Agreement, at any time. If we modify either, we will post the modification on the Platform. We will also update and post the updated Agreement. If you continue to access or use the Platform after we have posted a modification you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Platform and terminate this Agreement. If you choose to terminate this Agreement, the previous effective version of the Agreement will apply to you, unless you use the Platform during the intervening 30-day period, in which case the new version of the Agreement and Platform will apply to you.
You are applying for Alevon Membership, which enables pre-approved members to list and rent Artwork through our Platform, subject to availability and in accordance with the terms and conditions of this Agreement and the Alevon Membership Terms and Conditions as set forth in Schedule 1A.
1. DEFINITIONS. In this Agreement, the following definitions apply:
"Curator" or "Art Advisor" means any independent contractor engaged by Alevon to provide art advisory or curator services to Members, whether directly or through referrals from Alevon. Curators are not employees, agents, or representatives of Alevon.
"Affiliate Program" means Alevon's referral and commission program, currently described at https://alevon.com/pages/affiliates-program, under which approved participants may earn commissions for successful referrals, subject to the Affiliate Program Terms and Conditions.
"Agreement" means this Alevon Terms of Service Agreement and the Schedules, whether made available electronically through our Platform or electronically, such as via email, each as amended, modified or supplemented from time to time, with or without notice. The Schedules and the Privacy Policy are an integral part of this Agreement.
Art Insurance has the meaning in Schedule 1 below-
"Platform" means collectively the Alevon websites, blog, mobile app, and associated services.
Art Shipper means such art shipment company as we may choose from time to time.
"Diminished Value" means the difference between the fair market value of the Artwork immediately before the damage to the Artwork and after the Artwork has been repaired.
Condition Report means the report prepared by the Art Shipper upon the beginning of delivery of the Possession Period to the Renter and upon the end of the Possession Period and pickup from the Renter, which indicates the condition of the Artwork and if there has been any change in condition for which the Renter is responsible or which triggers an Art Insurance claim.
Flexible Rental" means a Rental that can be canceled by either the Owner or Renter during the Rental Period upon fifteen (15) days prior written notice to Alevon at hello@Alevon.com, subject to the cancellation terms and fees set forth in this Agreement.
Images means photographs and videos of Artwork that adhere to the image standards set forth by Alevon.
"Loss of Use" means, as applicable, our loss of the ability to use the Artwork for any purpose due to damage to it or loss of it during the Possession Period, including uses other than for rental, such as display for rent or sale, or exhibition.
"Privacy Policy" means Alevon's Privacy Policy available at https://alevon.com/policies/privacy-policy, as updated from time to time, which is expressly incorporated into this Agreement by reference in Section 10 (Privacy).
"Program" means the Program described in Schedule 1.
"Program Fees" means the fees due in connection with your participation in the Program, including, but not limited to, background check and vetting fees. The Program Fees will be in the amounts described in Schedule 1 and any additional charges as set forth in this Agreement.
"Possession Period" means the period between the time the Renter takes possession of an Artwork and the time that the Artwork is picked up from the Renter by our Art Shipper.
"Prohibited Use" has the meaning given in Schedule 1.
"Rental Fee" means the fee owed for the Artwork rented in the Program.
"Rental Period" means the time period during which a Renter has an active rental of an Artwork under the Program.
Rental means the rental of Artwork pursuant to the terms of the Program.
"Rules" means all of the rules, requirements, policies and procedures related to a Renter s use of Artworks and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or Platform or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time, with or without notice, as set forth in Schedule 1.
"Service Address" means your pre-defined address wherein we will deliver or retrieve an Artwork under the terms of this Agreement and if a Rental, where the Artwork must remain during the entire Possession Period unless otherwise provided in writing.
"Services" has the meaning given in Section 3 below.
"Schedules" means all schedules, rate plans, and policies referenced in or incorporated into this Agreement, each as amended, modified, or supplemented from time to time, with or without notice.
Member means anyone who has followed the procedures for membership on Alevon (as amended from time to time) and who has met all criteria as set forth by Alevon in its sole and absolute. If the Member is an entity, then the procedures must be met for the individual authorized to sign for the entity as if it were an individual membership and only such authorized individual will have the privileges and rights of a Member.
"Membership Fee" means the fees due every Membership Period for the Program, as applicable. The Membership Fees will be in the amounts described in Schedule 1, or as otherwise determined by Alevon.
"Membership Period" means each annual period during which you maintain an active Membership with Alevon until terminated by Alevon at its sole discretion.
"Artwork" means any of the Artworks that are made available for rental by Alevon. Artwork includes everything that is delivered by us to the Renter at the start of the Possession Period.
"We", "our" or "us" means Alevon Inc., or any of its subsidiaries, affiliates, successors, agents, employees, subcontractors, and/or assigns.
"You" means the person who accepts this Agreement by clicking Agree or "Accept" or any other similar words of agreement, with respect to this Agreement, on the I agree to Terms and Conditions or similar page of the Platform and who is in agreement with all fees, charges, and other costs associated with the participation in the Program under this Agreement as further described in Schedule 1.
2. ELIGIBILITY.
Overview. To be eligible to rent Artworks and participate in the Program, you must:
* Be at least 21 years old
* Have passed the Alevon vetting process
* Become a Member of the Program
* Have paid all appliable fees and costs; and
* Have continuous access to a mobile phone compatible with the Platform;
For the avoidance of doubt, you are permitted to list, control, and rent the Artwork(s) only if you meet and continue to meet the eligibility criteria noted above during your Rental Period. You will report, as soon as practicable, but no more than twenty-four (24) hours after such change, any change in your satisfaction with the eligibility criteria and any information that you provided to us during the application process.
Application Process. In order to become a member of the Program and to have access to Artworks, you must, as determined by us in our sole discretion:
* Accurately, truthfully, and fully complete our application for membership through our Platform;
* Deliver all information and documents that we may request in the application process or otherwise;
* Meet the eligibility criteria set forth in this Agreement; and
* Have your application approved in writing by us.
Please note that acceptance of your application is subject to our approval, and your participation in the Program may be denied or, even if it is accepted, it can thereafter be terminated based upon criteria established from time to time by us, or our Art Insurance provider or other third parties which we contract with. You acknowledge that the approval or denial of your application or the decision to terminate it based on our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from renting certain Artworks based on your application or the type or value of Artwork you have selected.
Contact Information. You agree to provide to and maintain with us your current email address, your current mobile phone number, your current mailing address, and all other account identification information, including your current bank accounts, credit card or debit card information, ACH, Zelle or such other payment method information as we may accept from time to time.
Background Vetting Requirements. By applying to participate in the Program, you acknowledge and agree that Alevon will conduct a vetting process for all new members. The extent and depth of this vetting process shall be determined by Alevon in its reasonable discretion, taking into account various factors including, but not limited to, the applicant's profile, reputation in the art world, and the nature of their intended participation in the Program. Alevon reserves the right to adjust the vetting process as it deems appropriate. You authorize Alevon, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your, credit report, and/or conduct a background check, including a civil and criminal background check where permissible under applicable law. Your financial, credit, criminal, and civil records from such jurisdictions as we determine, or which our insurance carriers or other third party determine. You will also provide current ID, state and federal issued such as passport and driver s license, social security numbers, and other forms of identification. We may at any time require to impose further policies and requirements. We reserve the right to request additional information, such as a copy of your passport or your proof of address at any time. As a condition to us agreeing to allow you to rent Artworks, you must maintain a good credit, civil and criminal history as determined by us in our discretion, and we may, from time to time, check your records. You must also inform us of a material change in the materials you have submitted as part of this application promptly but in no event later than twelve (24) hours from such event. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, limit or terminate your right to rent Artworks and participate in the Program. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our Art insurance policy and we may immediately terminate this Agreement at our discretion. You represent that you are an accredited investor as such term is defined in Rule 501(a) of Regulation D under the Securities Act of 1933, as amended (the Securities Act ). Alevon does not endorse any Artwork, user, or a user s background, or commit to undertake any specific screening process. Alevon may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Alevon to request, receive, use, and store such information and to provide such information to third parties for verification purposes, as we deem necessary. Alevon may permit or refuse your request to rent or list am Artwork in its sole and absolute discretion. Alevon may, but does not commit to, undertake efforts to ensure the Artworks shared through the Platform satisfy our eligibility requirements. For well-known persons in the art world or those with established reputations, Alevon may, at its discretion, modify or streamline certain aspects of the vetting process. However, all members, regardless of status, will undergo some level of vetting to ensure the integrity and security of the Program.
Background Vetting through Partner Organizations. Alevon may partner with third-party organizations ("Partner Organizations") to conduct or rely on background checks for its Members and potential Members. If a person has undergone a background check through a Partner Organization that meets Alevon s standards, Alevon may accept that vetting as satisfying Alevon s background check requirements. You consent to sharing your personal information between Alevon and Partner Organizations for vetting purposes. Alevon reserves the right to request additional information or perform its own vetting at any time, even if a person has been previously cleared by a Partner Organization. Acceptance of a Partner Organization s vetting results does not guarantee membership or continued eligibility.
3. PROGRAM PARTICIPATION.
No Additional Right to Artworks. Renters understand and agree that the Owners, are and will continue to be the owners of all Artworks and any other items that we may provide to a Renter during the term of this Agreement, including, without limitation, everything that is provided to you with Artworks. Your rights in relation to, any Artwork, or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of all fees described in Section 4 below. Renters are not acquiring any ownership interest, right, or title in or to any Artwork or any other personal property, including, but not limited to, any option to purchase one or more Artworks.
Operational Requirements. All Members agree to comply with the specific operational requirements regarding crate storage, building access, size verification, and related matters as set forth in Schedule 1. These requirements are material terms of this Agreement, and failure to comply may result in additional fees, forfeiture of Security Deposit, and/or termination of the Agreement.
Independent Contractor Curators. Alevon may refer you to independent contractor curators or art advisors ("Curators") who provide art selection and advisory services. Curators are not Alevon employees, agents, or representatives. Any agreement for curator services is solely between you and the Curator. Alevon assumes no responsibility for Curator performance, recommendations, or outcomes. You must pay Curators directly according to their fee schedules. Alevon is not liable for any damages or disputes arising from Curator services.
Third-Party Services and Member Benefits. Alevon partners with various third parties to offer member benefits and services, including luxury lifestyle partners, concierge services, and retail discounts. These benefits are provided directly by third parties, may change or be discontinued at any time without notice, and are not guaranteed by Alevon. Your use of partner services is at your own risk. Membership fees are for Platform access and are not contingent on partner benefits. Alevon is not responsible for partner performance or any losses arising from partner services.
Affiliate Program. If you participate in Alevon's Affiliate Program (described at https://alevon.com/pages/affiliates-program), such participation is subject to separate Affiliate Program Terms and this Agreement. Alevon may modify, suspend, or terminate the Affiliate Program at any time. Commissions are earned only on collected fees and are subject to Alevon's sole discretion. Breach of any Alevon program terms may result in termination from all programs.
4. PROGRAM FEES; PAYMENT TERMS. Your participation in the Program will be subject to your payment of the fees, expenses, and costs set forth in Schedule 1 in accordance with the terms and conditions set forth therein and, on the Platform, as amended.
5. RENTER RESPONSIBILITY TO THIRD PARTIES AND RESPONSIBILITY FOR DAMAGE TO OR LOSS OF ARTWORKS.
Notwithstanding any term set forth in this Agreement and to the fullest extent permitted by law, the Renter agrees that it is responsible for any and all loss and damage that is caused by Artworks during the Possession Period, or use. To the fullest extent permitted by law, your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the Art Insurance does not cover such damages or injuries, regardless of the reason for such non-coverage.
In addition, you are responsible for all loss of or damage to an Artwork during a Possession Period resulting from any cause, including theft, vandalism, weather, or acts of nature or god. To the fullest extent permitted by law, your responsibility includes the following (to the extent the coverage described in Schedule 1 does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise): (a) all physical damage to the Artwork measured as follows: (i) if we determine that the Artwork is a total loss, the actual replacement cash value of the Artwork; or (ii) if we determine that the Artwork is repairable: (A) the difference between the value of the Artwork immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated value or actual cost of repair plus Diminished Value; (b) any Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Artwork is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty, and Loss of Use shall be payable regardless of utilization; (c) a reasonable administrative fee; (d) any shipping, storage, appraisal and conservator charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of charges, including attorneys' fees, collection fees, and costs whether or not litigation is commenced.
6. LIMITATIONS OF LIABILITY AND DISCLAIMER.
ALEVON PROVIDES SERVICES THAT ENABLE THE RENTAL OR SALE OF ARTWORK BETWEEN OWNERS AND RENTERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, ALEVON DOES NOT ITSELF OWN ARTWORK AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE OWNERS OF THE ARTWORK, OR ANY THIRD PARTY PROVIDER OF SERVICES. THE SERVICES OF ALEVON ARE PROVIDED AS IS , WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, ALEVON EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Alevon makes no warranty that the Platform, including, but not limited to, the listing and/or any Artwork, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Alevon makes no warranty regarding the quality of any listings, Artworks, Owners, Renters, the Platform, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Platform. No advice or information, whether oral or written, obtained from Alevon, or its service providers or through the Platform or content, will create any warranty not expressly made herein.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE, OUR AUTHORIZED REPRESENTATIVES, OR OUR THIRD PARTY SUPPLIERS OR SUBCONTRACTORS BE LIABLE FOR ANY LOSSES INCURRED OR SUSTAINED BY, OR IMPOSED UPON YOU ARISING OUT OF OR RELATING TO YOUR CRIMINAL, WILLFUL, OR GROSSLY NEGLIGENT ACTION OR OMISSION IN CONNECTION WITH THIS AGREEMENT, THE USE OF THE ARTWORK, OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE, OUR AUTHORIZED REPRESENTATIVES, OR OUR THIRD PARTY SUPPLIERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM. Without limiting the foregoing, to the fullest extent permitted by law, we, our Authorized Representatives and our third-party suppliers or subcontractors shall have no liability for (1) any loss of, or damage to any of Artworks, (2) any loss, damage, injury or death in relation to you or any other third party arising from any of Artworks, (3) any loss or damage incurred by you as a result of any claims made by a third party, or (4) any loss or damage incurred by you arising from or in relation to the non-availability, supply, operation or use of the Artwork, unless and to the extent such loss or damage is incurred due to our gross negligence or our failure to carry out our express responsibilities under this Agreement. Alevon is not liable for services provided by Curators, third-party partners, or member benefit providers, regardless of whether Alevon referred you to such providers.
The foregoing limitations on our liability for rental under this Agreement shall survive the termination of this Agreement.
RENTERS TAKE POSSESSION OF ARTWORKS AND ANY ACCESSORIES OR SERVICES AS IS, AND WE, OUR AUTHORIZED REPRESENTATIVES, AND OUR THIRD-PARTY SUPPLIERS AND SUBCONTRACTORS EXCLUDE ALL WARRANTIES, EXPRESS AN IMPLIED, WITH RESPECT TO ARTWORKS AND ANY ACCESSORIES OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT THE OBLIGATIONS, RESTRICTIONS, AND LIMITATIONS SET FORTH IN THIS SECTION 6 ARE APPLICABLE TO YOU.
Except for our obligations to pay amounts to applicable Owners or Renters pursuant to these Terms, in no event will Alevon s aggregate liability arising out of or in connection with the Agreement or your use of the Platform, exceed the greater of (1) the amounts you have paid or owe for rentals via the Platform as a Renter in the twelve-month period prior to the event giving rise to the liability, or if you are an Owner, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) US$100.
YOU WAIVE CALIFORNIA CIVIL CODE 1542, OR ANY SIMILAR LAW, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALEVON AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.
7. INDEMNIFICATION
You agree to release, defend, indemnify, and hold Alevon and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your access to or use of the Platform, (2) your violation of terms of this Agreement, (3) your user content, (4) your interaction with any other user of the Platform, (5) your Listing or Rental of an Artwork, or (6) your use of Curator services or partner benefits. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a rental, or sale, or use of an Artwork. This indemnification provision is a fundamental element of the basis of the bargain between Alevon and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect, including without in the event of any which claim, or any other determination by Alevon in its sole judgment that an unresolved issue exists such that return of the Artwork might subject Alevon or agent of the foregoing to liability, Alevon expressly reserves the right to hold the Artwork pending resolution of such issue.
8. YOUR COMMITMENTS
You agree that you will always be in compliance with this Agreement, applicable law, and any other policies and standards provided to you by Alevon.
Account Activity. You are and will be solely responsible for, all of the activity that occurs through your Membership. Keep your Member information, including your password, secure. You agree that you will not disclose your password to any third party except as provided in this Agreement and that you will take sole responsibility for any activities or actions under your Membership, whether or not you have authorized such activities or actions. You will immediately notify Alevon of any actual or suspected unauthorized use of your Membership. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Membership unless you have reported unauthorized access to us and permitted a reasonable time for Alevon to take action.
Content
Alevon Content and User Content License. Subject to your compliance with the provisions of this Agreement, Alevon grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Alevon and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Alevon or its licensors, except for the licenses and rights expressly granted in this Agreement.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit, or transmit content through the Platform such as Images of your Artwork(s), reviews, feedback, and descriptions of you, or your Artwork. By making available any content on or through the Platform, or through Alevon promotional campaigns, you grant Alevon a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Platform. Except as described above with respect to Alevon photography provided to Owners, Alevon does not claim any ownership rights in any such content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate Memberships of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can send an email to us at hello@Alevon.com
Prohibited activities
In connection with your use of or access to the Platform, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
* Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
* Post false, inaccurate, misleading, defamatory, or libelous content, including but not limited to false information as to the provenance or value of the Artwork
* Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Alevon, or that comes from the Platform and belongs to another Alevon Member or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Alevon
Dilute, tarnish, or otherwise harm the Alevon brand in any way, including:
* Through unauthorized use of the Platform and/or user content
* Registering and/or using "Alevon" or derivative terms in domain names, trade names, trademarks, or otherwise
* Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Alevon domains, trademarks, taglines, promotional campaigns, or Alevon and/or user content
Provide or submit any false or misleading information, including:
* False name, date of birth, identification, (i.e. driver s license details, passport, social security number ), payment method, insurance, or other personal information
* In relation to a claim (for example, about damage to an Artwork)
* By registering for an Alevon Membership on behalf of an individual other than yourself
* Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity
Fail to honor your commitments, including:
* Fail to pay fees, penalties, or other amounts owed to Alevon or another user
* Fail, as either a Renter or Owner, to deliver, make available, or return any Artwork
* Use the Platform to find an Owner or Renter, and then complete a transaction partially or wholly independent of the Platform, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Platform by Alevon (aka, gray market transactions, which do not necessarily require the exchange of money).
* Transfer your Alevon Member and/or user ID to another party without our consent
* Move an Artwork without authorization. Only Art Shippers approved by Alevon are permitted to move any Artwork.
Harm or threaten to harm users of our community, including:
* Harass, stalk, or defame any other Alevon user or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Owner or Renter in accordance with this Agreement
* Engage in physically or verbally abusive or threatening conduct
* Use the Platform to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
* Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the Alevon community
* Sue or assert legal claims against Alevon or a Alevon user in any manner prohibited or waived by this Agreement
Use the Platform for your own unrelated purposes, including to:
* Contact another Alevon user for any purpose other than in relation to a rental or purchase of Artwork, listing, or the use of the Platform by such user
* Commercialize any content found on the Platform or software associated with the Platform, including reviews
* Harvest or otherwise collect information about users without their and our consent
* Recruit or otherwise solicit any user to join third-party services or websites that are competitive to Alevon, without our prior written approval
Interfere with the operation of the Platform, including by:
* Interfering with any other user s listings
* Using the Platform in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
* Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Platform, or harm Alevon or the interests or property of others
* Bypassing robot exclusion headers, interfering with the working of the Platform, or imposing an unreasonable or disproportionately large load on our infrastructure
* Systematically retrieving data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
* Using, displaying, mirroring, or framing the Platform or any individual element within the Platform, the Alevon name, any Alevon trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Platform, without the express written consent of Alevon
* Accessing, tampering with, or using non-public areas of the Platform, our computer systems, or the technical delivery systems of our service providers
* Attempting to probe, scan, or test the vulnerability of any of our systems or network or breach any security or authentication measures
* Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Alevon or any of our service providers or any other third party (including another user) to protect the Platform
* Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Platform to send altered, deceptive, or false source-identifying information
* Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Platform
* Manipulating referral or affiliate programs, or claiming Curators are Alevon employees
* Endeavoring to circumvent a suspension, termination, or closure of your Membership or the account of another Alevon user, including, but not limited to, creating a new Alevon Membership or listing Artworks affiliated with or registered to an Alevon Member that has been suspended, terminated, or closed.
Prohibition on Public Sharing of Alevon Platform Images:
Alevon is a member-only platform, and all images available on the Platform are private and intended for members only. Owners and Renters are strictly prohibited from taking, copying, or downloading any images from the Platform and posting them publicly, including but not limited to websites, social media platforms, blogs, or any other public forum. This prohibition applies to all images on the Platform , whether they are of Artworks you own, have rented, or are simply browsing. However, Renters are permitted to take and share their own photographs of Artworks they have rented, as they appear in their rental location. This permission does not extend to reproducing or sharing any images, descriptions, or other content directly from the Platform . Owners may share images of their own Artworks that are not sourced from the Platform . If Alevon has provided professional photography of an Owner's Artwork, the Owner must obtain written permission from Alevon before using these images outside the Platform.
9. TERM AND TERMINATION; REPOSSESSION OF ARTWORKS.
Term. This Agreement shall commence at the time that you accept or agree to this Agreement by clicking "Accept" or Agree or any other similar words of agreement in connection with this Agreement in the Platform and/or performing the online signature of this Agreement. The term of this Agreement shall continue until such time as your participation in the Program is canceled or terminated in accordance with Schedule 1.
Effect of Termination. Upon termination of this Agreement, all of your rights to use Artworks and participate in the Program shall immediately terminate. Upon termination of the Agreement or sooner upon our demand, you agree to immediately return any rented Artwork you have in your possession and any of our other property in your possession, and make it available at the Service Address for our Art Shipper or our agents' retrieval as soon as safely practicable, but in no event more than twelve (12) hours after termination of this Agreement or upon our request, as applicable.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement, and you hereby authorize us to charge your preferred payment method for all outstanding fees. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs, and related expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
Repossession. To the fullest extent permitted by law: (a) we can have any of the Artworks in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement or fail to return the Artwork as required by this Agreement, or we learn the Artwork has been abandoned; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you hereby agree to waive all claims for damages connected with the recovery. In the event that Alevon initiates any court action, including any action of replevin, you agree to cooperate fully with such court action, accept service at the address provided to Alevon with your account, and work expeditiously to return a rented Artwork as Alevon may direct.
Service of Process and Provisional Remedies.
a. Electronic Service Consent: You expressly consent to and agree that service of process, notices, and other legal documents shall be deemed effective and complete when sent to your email address(es) registered with your Alevon account or used to log into the Platform. You acknowledge that: (i) just as you access the Platform and receive other communications electronically, you agree to accept service of process, notices, and other legal documents via electronic means; (ii) service shall be deemed complete upon transmission to your registered email address(es), regardless of whether or when you actually access or read the email; (iii) the time to respond to any process shall commence on the date of email transmission; (iv) you are responsible for maintaining current and accurate email information in your Alevon account; (v) any notice, process, or document sent to your registered email address(es) shall be deemed received and effective even if your email address has changed or is no longer active, unless you have updated your account information with Alevon at least 48 hours prior to such transmission; and (vi) you will not challenge the validity, effectiveness, or enforceability of electronic service on any grounds, including lack of personal jurisdiction, provided such service complies with this section.
b. Alternative Service Methods: In addition to electronic service: (i) The Notice of Dispute required under the Arbitration provisions of this Agreement must be sent by certified mail as specified in the Arbitration section; and (ii) You also consent to service of process by registered or certified mail or by any other method permitted by applicable law to your address on file with Alevon.
c. Provisional Remedies and Attachment: Notwithstanding the Arbitration provisions of this Agreement, you expressly consent to, and agree not to contest, the issuance of temporary, preliminary, and permanent injunctive relief, attachment, and other provisional remedies (including pre-judgment and post-judgment attachment) in any jurisdiction for the recovery, preservation, or protection of any Artwork. These remedies may be sought either through arbitration or through courts of competent jurisdiction as Alevon may elect. You acknowledge and agree that: (i) the unauthorized retention, misuse, or risk of damage to any Artwork constitutes immediate and irreparable harm warranting injunctive and other equitable relief; (ii) Alevon need not post a bond or other security as a condition of obtaining such relief; (iii) monetary damages alone would be inadequate to protect Alevon's and the Owner's interests in the Artwork; (iv) the balance of hardships strongly favors the granting of such relief to protect unique artworks; and (v) public interest favors protection and preservation of artwork.
d. Scope of Provisional Remedies: The provisional remedies available to Alevon shall include, without limitation: (i) temporary restraining orders and preliminary injunctions; (ii) pre-judgment and post-judgment attachment; (iii) expedited discovery regarding the location and condition of Artwork; (iv) immediate access to premises where Artwork is located; (v) appointment of receivers or custodians; (vi) orders freezing assets up to the value of the Artwork; (vii) orders requiring maintenance of specific environmental conditions necessary for Artwork preservation; and (viii) any other equitable relief necessary to ensure the safety and return of the Artwork.
e. Waiver of Defenses: You hereby waive any defense or objection to: (i) the exercise of jurisdiction over you, the Artwork, or your assets by any court or arbitral body where Alevon seeks provisional remedies or attachment; (ii) any claim of forum non conveniens; (iii) any requirement for Alevon to post security or bond; (iv) any claim that arbitration is a prerequisite to provisional remedies; and (v) any defense based on the availability of alternative remedies.
f. Multiple Jurisdictions: These remedies shall be available to Alevon in any jurisdiction where you, the Artwork, or your assets may be found, regardless of: (i) where this Agreement was entered into or is to be performed; (ii) the venue specified for arbitration; (iii) any choice of law provision; or (iv) the pendency of related proceedings in any other forum.
g. Enforcement: You consent to the enforcement of any order or judgment obtained in one jurisdiction in any other jurisdiction: (i) without review of the merits; (ii) without regard to reciprocity requirements; (iii) in accordance with the procedural and substantive law of the enforcing jurisdiction; and (iv) with full faith and credit where applicable.
h. Costs and Fees: You agree to pay all costs, expenses, and reasonable attorneys' fees incurred by Alevon in: (i) pursuing any of these remedies; (ii) enforcing any order or judgment; (iii) locating or recovering any Artwork; and (iv) addressing any interference with these remedies.
i. Survival: The provisions of this section shall survive any termination or expiration of this Agreement until all Artwork has been safely returned to its Owner and all obligations under this Agreement have been satisfied.
10. PRIVACY POLICY.
Acknowledgment of Privacy Policy. Please carefully review our Privacy Policy available at https://alevon.com/policies/privacy-policy is hereby incorporated into this Agreement by reference and made a part hereof. Our Privacy Policy describes how we collect and use personal information provided by you or third parties to us by virtue of or in connection with your participation in the Program. You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, collected from, or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Continued use of the Platform after any such updates or amendments constitutes acceptance of the updated Privacy Policy. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence, and social media communications with us may be recorded or monitored.
Recording and Monitoring of Communications. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence, and social media communications with us may be recorded or monitored.
YOU CONSENT, ON BEHALF OF YOURSELF, AND ANYONE ENGAGED IN A CONVERSATION WITH US, OUR AUTHORIZED REPRESENTATIVES OR A SERVICE PROVIDER ABOUT THE ARTWORK OR YOUR ACCOUNT, TO THE MONITORING AND RECORDING OF ALL CONVERSATIONS BETWEEN US AND OUR SERVICE PROVIDERS AND SUCH PERSONS, AND YOU RELEASE US AND ANY THIRD PARTY BENEFICIARIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND LOSSES THAT MAY RESULT FROM ANY SUCH MONITORED AND/OR RECORDED CONVERSATIONS.
Collection and Monitoring of Artwork Location and Operational Data. The Artwork(s) made available to you under this Agreement may be equipped with global positioning satellite ("GPS") technology, electronic monitoring technology, or another telematics system. You acknowledge and authorize that your use of this Artwork may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. You agree to inform all applicable parties of the terms of this Section, and that you have authorized release of information collected by GPS, electronic monitoring technology, and other telematics systems. To the extent permitted by law, you agree to indemnify, defend, and hold us and our Authorized Representatives harmless from any damage to persons or property caused by failure of the GPS, electronic monitoring technology, or other telematics systems to operate properly, or otherwise arising from the use of the GPS, electronic monitoring technology, other telematics systems.
Sharing of Your Personal Information with Our Authorized Representatives. You agree and understand you are using the Program to intentionally interact with Authorized Representatives that are Alevon s partners in the Program and that you consent to Alevon sharing and acknowledge that you are directing Alevon to share the following information with our Authorized Representatives: (i) information that identifies or can be used to identify you including, without limitation, your name, signature, address, telephone number, e-mail address, and other unique identifiers, or (ii) information that can be used to authenticate you including, without limitation, employee identification numbers, government-issued identification numbers, passwords or PINs, financial account numbers, credit report information, civil and criminal background data, biometric or health data, answers to security questions or other personal identifiers.
You agree and understand that this information, once shared, will no longer be subject to Alevon Privacy Notice. You are entitled to withdraw your consent to sharing this information in the future by emailing hello@alevon.com and stating in your email that you wish to withdraw consent to Alevon sharing your information with Authorized Representatives as part of the Services. However, without this information, Alevon and Authorized representatives may no longer be able to allow you to be a part of the Program and many have to terminate this Agreement. We may request additional information to verify your identity before processing your withdrawal of consent.
Communications. You agree that we, our Authorized Representatives, and our service providers may contact you in order to assist you with any questions or concerns regarding your participation in the Program or your account and to send you notices regarding your account or approval of your application for participation in the Program for which you apply, including to send notice regarding payment or your account.
Consent to Text Messages and Newsletter. By accepting this Agreement, you expressly consent to receive text messages from Alevon, including messages related to your account, rental status updates, promotional offers, and other communications. Message and data rates may apply. You also agree to be subscribed to Alevon's newsletter, which may include updates about new artworks, special promotions, and Alevon news. You can opt out of text messages by replying STOP to any message from Alevon, and you can unsubscribe from the newsletter by clicking the unsubscribe link at the bottom of any newsletter email or by contacting hello@Alevon.com.
11. ACCESSIBILITY AND ADA COMPLIANCE
Accessibility Commitment. We are committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.
WCAG Compliance Statement. Alevon aims to ensure our Platform conforms to Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. These guidelines explain how to make web content more accessible for people with disabilities and more user-friendly for everyone.
Accessibility Issues Reporting Process. Despite our best efforts to ensure accessibility of the Platform, there may be some limitations. If you experience any difficulty in accessing any part of the Platform, please contact us by:
* Email: Hello@alevon.com
* Phone: 305-990-1305
* Online form: https://alevon.com/pages/contact
When reporting an issue, please provide:
* The nature of the accessibility issue
* The web page address (URL) where you encountered the issue
* Your contact information
* Any other information that might help us resolve the issue
We aim to respond to accessibility feedback within 5 business days, and to propose a solution within 10 business days.
Reasonable Accommodations. If you are unable to access any content or functionality on our Platform due to a disability, please contact us at Hello@alevon.com or as otherwise provided above. We will make all reasonable efforts to accommodate your needs and provide the information or service you seek through an alternative communication method or format.
Continuous Improvement. We welcome your feedback on the accessibility of the Platform. Our accessibility efforts are ongoing, and we regularly review our Platform and content to improve accessibility and usability for all users.
Limitation of Liability. While we strive to adhere to WCAG 2.1 Level AA standards and to make our Platform accessible to all users, we cannot guarantee that all aspects of our Platform will be fully accessible at all times. We are actively working to identify and correct any issues that may impact accessibility.
Third-Party Content. Our Platform may contain links to third-party websites or content that is not under our control. We are not responsible for the accessibility features or practices of third-party websites.
12. ATTACHMENTS TO THIS AGREEMENT. The following documents are attached and incorporated as a part of this Agreement:
Schedule 1: Program Terms and Conditions
Part A: Additional Program Terms and Conditions
Part B: Schedule of Fees
Part C: Other Legal Matters
13. MISCELLANEOUS.
Acknowledgement. By accepting this Agreement, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and our obligations hereunder. You further represent and warrant that you meet the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Third Party Beneficiaries. Authorized Representatives are intended to be, and are hereby expressly designated as, third-party beneficiaries of this Agreement with respect to each paragraph hereof; provided, however, that Authorized Representatives may enforce the terms hereof only in defense of a claim, action, demand, lawsuit, arbitration, proceeding, litigation, citation, summons, subpoena, or investigation of any nature (each, an "Action"). For purposes of this section, "defense" shall be broadly construed to include any action taken in the context of defending itself in or responding to an Action, including without limitation the assertion of one or more affirmative defenses.
Force Majeure. Without limiting or circumscribing Our rights under this Agreement, neither party shall be liable for any delay or failure nor otherwise considered in default of performance of any obligations under Agreement, if such performance is prevented or delayed by an event of Force Majeure, which shall be understood to be any cause which is beyond the reasonable control of the party affected, including without limitation war, riots, insurrection, revolution, civil unrest, strike, lockout, restrictions or impossibilities arising in relation to an epidemic or pandemic, government ordered restriction or cessation of activity, accident, fire, natural disaster, wind or flood, any requirements of law, or any act of God (each, a Force Majeure Event ). Upon the occurrence of a Force Majeure Event, the party affected shall bring the same to the attention of the other party as soon as is practicable, and shall make reasonable and good-faith efforts to mitigate the impact thereof, including by rescheduling the impacted performance.
Non-Circumvent. During such time as they are conducting business pursuant to this Agreement and for three (3) years thereafter, Owners and Renters who are a party to this Agreement shall not enter into any direct agreement with each other outside of this Agreement, regarding any Artwork available for rent or sale on Alevon, without Alevon s prior written consent. This Non-Circumvent restriction is considered by the parties to be reasonable for the purposes of protecting the value of the business of Alevon and the legitimate business interests of Alevon. The Owners and Renters agree that, in addition to any other remedies available, Alevon shall be entitled to receive (i) injunctive relief, specific performance, and other equitable relief to secure the enforcement of this Non-Circumvent provisions, and (ii) three times the total commissions, fees, rental or profits which would have been due Alevon, and; all losses sustained by Alevon by reason of such breach, including reasonable attorney fees and cost to enforce this provision.
Confidential.
a. The specific terms of this Agreement shall be treated by You as confidential, and may only be disclosed by You to third-party advisors as required pursuant to a business, tax or legal process.
b. You agree that any names of and/or contact information for any Renters or Owners disclosed to You, whether inadvertently or otherwise, including by the Art Shipper, are part of a confidential customer list and trade secret owned by Alevon.
No Assignment. The rights granted to you under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. Alevon may assign this Agreement or our rights and responsibilities pursuant to this Agreement to one or more affiliates or third parties.
No Waiver. No delay or omission by us in our exercise of any right occurring upon any noncompliance or default by you with respect to any of the terms of this Agreement shall impair any such right or be construed to be a waiver thereof. Any waiver by us of any covenant, condition, or agreement to be performed by you shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
Conflict Resolution and Multiple Agreements.
(a) General Rule. In the event of any inconsistency or conflict between the provisions of this Agreement and any other agreement that a party has entered into with Alevon, Alevon reserves the right, in its sole discretion, to determine which provision(s) to enforce. This determination may be made based on Alevon's assessment of the most appropriate, applicable, or favorable provisions in the specific context of the situation. The chosen provision(s) shall supersede the conflicting terms in the other agreement to the extent necessary to resolve the conflict.
(b) Affiliate Program. You acknowledge that Alevon maintains a separate Affiliate Program with its own terms and conditions available at https://alevon.com/pages/affiliates-program. If you participate in the Affiliate Program in addition to this Agreement:
(i) You may be subject to multiple agreements with Alevon simultaneously, including but not limited to this Agreement and the Affiliate Program Terms and Conditions;
(ii) Alevon reserves the right, in its sole discretion, to:
- enforce provisions from multiple agreements simultaneously;
- apply the more restrictive provisions from any applicable agreement; and
- treat a breach of any agreement as a breach of all agreements.
(iii) Your participation in the Affiliate Program does not modify, limit, or supersede your obligations under this Agreement unless explicitly stated in writing by Alevon.
(iv) Alevon may, in its sole discretion, terminate or suspend your participation in any program or agreement based on your breach of any other program or agreement.
(v) The Affiliate Program Terms and Conditions may be modified at any time without notice, including commission rates and eligibility requirements.
(c) Precedence. This provision regarding multiple agreements shall take precedence over any other integration or merger clause that may be present in any agreement between you and Alevon.
Severability. If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
Non-disparagement. The parties hereto agree that they will not take any action that will harm the reputation of Alevon, or which would reasonably be expected to lead to unwanted or unfavorable publicity of Alevon.
Amendment; Modifications. We reserve the right to amend the terms of this Agreement, including the Schedules, at any time and from time to time. For material changes to this Agreement, we will provide reasonable advance notice (which will typically be at least thirty (30) days unless a shorter period is necessary due to (i) legal or regulatory requirements, (ii) security concerns, (iii) technological changes requiring immediate implementation, or (iv) changes necessary to prevent fraud or harm to users, Artwork, or Alevon). Non-material changes may be made without advance notice. Notice will be considered given when we Update the date at the top of this Agreement. Continued use of the Platform after this date constitutes acceptance of any changes. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you without requiring your signature or explicit acceptance. If you do not agree with any changes, your sole remedy is to terminate this Agreement and cease using the Platform. If you have not used the Platform after the change, it will become effective 30 days thereafter.
Governing Law and Jurisdiction.
a. General Rule: Except as provided in subsection (b) below, this Agreement is governed by the laws in force in the State of Florida and shall be interpreted according to the internal laws of the State of Florida, without reference to its conflicts of laws or choice of law rules.
b. Alevon's Right to Select Alternative Jurisdiction: Notwithstanding subsection (a) or the Arbitration provisions of this Agreement, in any action or proceeding relating to the recovery, repossession, or protection of any Artwork, Alevon shall have the right, at its sole discretion, to:
(i) initiate proceedings in the jurisdiction where the Artwork is located or where the Owner or Renter is located;
(ii) elect to have the laws of such jurisdiction apply to such proceedings; and
(iii) enforce any judgment obtained in such jurisdiction in any other jurisdiction.
c. All Other Parties: Except for (i) Alevon's rights under subsection (b), (ii) small claims court actions as permitted under the Arbitration provisions of this Agreement, or (iii) actions to enforce an arbitration award, all disputes arising out of or relating to this Agreement shall be resolved through binding arbitration as set forth in the Arbitration provisions of this Agreement.
d. Consent to Jurisdiction: The parties hereby consent to the jurisdiction selected pursuant to this section and waive any objection to venue or claim of forum non conveniens with respect to proceedings initiated by Alevon under subsection (b) or as otherwise permitted under this Agreement."
ARBITRATION CLAUSE --- IMPORTANT--- PLEASE REVIEW---AFFECTS YOUR LEGAL RIGHTS
Arbitration. If you and we have a disagreement related to the Agreement, we'll try to resolve it by talking with each other. If we can't resolve it that way, then you and we agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); (iii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iv) claims that may arise after the termination of this Agreement. References to "us" and "we" in this Section include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as our Authorized Representatives and all authorized or unauthorized users or beneficiaries of the Program or the Agreement under this current or prior agreement between you and us. The venue for all arbitration claims shall be Miami Florida, however, the parties may appear virtually via electronic means. Notwithstanding the foregoing, either party may bring an individual action in small claims court in Miami Florida. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission. Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other a written notice of dispute ("Notice"). The Notice shall be sent via email in accordance with the Service of Process provisions in Section 9. The Notice should be addressed to: Alevon Inc. at hello@Alevon.com or for notices to you, to your email address(es) registered with your Alevon account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If we and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
Private arbitration will be conducted by a neutral arbitrator and administered by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules. Arbitration is not a court proceeding. The rules of arbitration differ from the rules of the court. There is no judge and jury in an arbitration proceeding. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless we and you agree otherwise, any arbitration hearings will take place in Miami, Florida, however, you may participate via electronic video means such as Zoom. The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If for some reason these arbitration requirements don't apply, or a claim proceeds in small claims court, you and we each waive any trial by jury and a judge will decide any and all disputes.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this paragraph of this arbitration provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void.
Notices. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application or within your Program account, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to hello@Alevon.com or mailed to us at the following address with confirmation of receipt:
Alevon Inc.
1688 Meridian Avenue
Suite 900
Miami Beach, Florida 33139
Attn: Claims
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail. "FOR CALIFORNIA RESIDENTS: While you have certain rights under California law to receive some communications in writing rather than electronically, by entering into this Agreement you explicitly consent to electronic service of process and legal notices as provided in this Agreement. Your rights to request other types of communications in writing can be exercised by sending us a notice to HELLO@ALEVON.COM or by calling us at +1-(305) 990-1305".
Notwithstanding the requirement for arbitration of disputes, nothing in this Arbitration provision shall limit Alevon's right to seek provisional remedies (including temporary restraining orders, preliminary injunctions, attachments, and other provisional remedies) either through arbitration or through courts of competent jurisdiction as set forth in Section 9 of this Agreement for the recovery, preservation, or protection of any Artwork. The exercise of such provisional remedies shall not waive Alevon's right to proceed with arbitration.
Schedule 1 Program Terms and Conditions
In addition to the Alevon Terms of Service Agreement, your participation in the Program shall be subject to Schedule 1. You should carefully read and understand these additional terms and conditions before applying to our Program and before paying any application and/or Membership Fees. By participating in the Program and continuing to use our Artworks, you are deemed to have accepted and agreed to comply with the Agreement and all of the following rules, policies and guidelines.
Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the Alevon Terms of Service Agreement.
Part A: Additional Program Terms and Conditions
Program Registration. Potential members are asked to apply using our Platform. You will be required to provide detailed personal information and payment details.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your request. In some cases, but not all, we may be able to confirm your eligibility within 1-2 business days. Either way, a customer service representative will contact you within a reasonable time period after you apply to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Artwork listing or rental and work with you to coordinate its pickup or delivery.
Changes in Rental. Once a Rental has begun, you may not make changes without written authorization from Alevon or as otherwise provided herein.
Referral Program. We may from time to time have a referral program, where persons who refer a new Member, will receive a commission on certain rentals. We reserve the right to modify this referral program at our discretion at any time. Commission shall only be paid on collected fees, not including any discount, service fees (whether included in the rental fee or not), chargeback, or future adjustment (which Alevon may charge to whoever owes it), as agreed to with such party from time to time, for any person referring an Owner or Renter to the Platform, which pays fees to Alevon.
Program Membership Period. The Membership Period shall continue until terminated by either party, subject to the conditions of this Agreement and the timely payment of all fees and costs.
Termination.
(a) Termination by You. You may terminate your Membership at any time and for any or no reason upon 30 days' prior notice by contacting us via email at hello@Alevon.com. You will be responsible for all fees and costs originally due for the full term and any additional fees incurred by such early termination.
(b) Termination by Us. In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason or no reason upon no less than 30 days' notice to you, in which event we will, if applicable, refund a prorated portion of your fees.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly prorated rental or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You fail to comply with any term or condition specified in this Agreement;
(c) You fail to meet the eligibility criteria;
(d) You are involved in an incident with one of our Artworks that we believe, in our reasonable discretion, renders you ineligible or inappropriate for continued rights to use our Artworks or participate in the Program;
(e) You engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive or otherwise unacceptable; or
(f) You are convicted or accused of a crime.
(g) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Part B: Schedule of Fees
We currently offer the following Schedule of Fees:
* Membership Fees are set forth in https://alevon.com/pages/why-membership, and subject to adjustment at any time.
* Total Rental Fee. Includes Art Rental Fee and Art Shipper Fee, taxes, and any other related overhead fees. For certain Artworks designated as "non-refundable" on the Platform, once the Total Rental Fee is paid, it is non-refundable regardless of cancellation timing or circumstances.
* The Art Rental Fee is the fee determined by the Owner for the Renter s use of the Artwork during the Possession Period. It also includes related overhead fees during the rental, including any insurance, if applicable.
* Art Shipper Fee is determined by Alevon to compensate for all of its fees related to the shipment of the Artwork from the Owner to the Renter and the retrieval and return of the Artwork to the Owner s designated location. This includes any fees related to the preparation of related Condition Reports, transit insurance, or any other related fees.
* Alevon Commission Fee is a fee earned by Alevon immediately upon payment by the Renter of the Total Rental Fee, net of all applicable expenses.
* Owner Commission. The Owner shall receive the Art Rental Fee, which shall be held by Alevon and paid to the Owner upon such terms that are agreed by the parties at the time of the Rental.
* Security Deposit, as an amount set forth at the time of Rental. The Security Deposit shall be released to the Renter, less any applicable fees, cost, damages, or loss to Artwork, as set forth in this Agreement upon executing a release of Alevon of all liability.
* Late Payment Fee: the lesser of 5% of the amount due; or the maximum permitted by the law of your jurisdiction.
* Cancellation Fees. As set forth at the time of each Rental, and varies on the facts and circumstances of the Rental, including if it is a Fixed Rental or a Flexible Rental. Generally, unless otherwise noted at the time of Rental, 30 or more days before the Rental Period, all Rentals are cancelable without fees or cost.
* Flexible Rental Fees:
- Owner Cancellation. For cancellation of a Flexible Rental during the Rental Period, Owner must provide fifteen (15) days prior written notice to Alevon and shall reimburse: (i) all Art Shipper fees to and from the Service Address, and (ii) the prorated Total Rental Fees for the canceled portion of the Rental Period. Reimbursement to Renter shall be processed within thirty (30) days after Alevon receives such payment from Owner.
- Renter Cancellation. For cancellation of a Flexible Rental during the Rental Period, Renter must provide fifteen (15) days prior written notice to Alevon and shall be responsible for: (i) all Art Shipper fees for return transportation, and (ii) the prorated Total Rental Fees through the effective cancellation date. All fees due from the Renter may be charged to the Renter's payment method on file or deducted from the Security Deposit.
In either scenario, failure by Renter to make the Artwork reasonably available for pickup will result in additional Total Rental Fees, and any additional Art Shipper fees incurred due to delay or lack of access shall be charged to the Renter.
* Additional Operational Fees:
- Alternative Crate Storage Fee: As determined by Art Shipper plus 15% administration fee
- Failed Delivery Fee: Full Art Shipper fee plus 100% of Minimum Rental Fee (however, Alevon will employ commercially reasonable efforts to redeliver for an Additional Trip Fee)
- Building Delay Fee: $250 per hour for Art Shipper waiting time
- Additional Trip Fee: Full Art Shipper fee for any additional trips required
- Crating Materials Replacement Fee: Full replacement cost plus 15% administration fee
Earnings. Owners can inquire about their rental earnings by contacting Alevon at hello@Alevon.com.
Payments.
When you provide Alevon a payment method, you authorize Alevon or third-party service providers acting on behalf of Alevon to store your payment credential for future use in the event you owe Alevon any money. You authorize Alevon to use stored payment credentials for balances, including for all rental fees (e.g., late fees, Security Deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to store payment credentials for balances. We may also put a hold on any payment method in such amount as is necessary in the opinion of Alevon to secure the timely payment of all amounts due.
Collection of Fees
Alevon and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Alevon, or the collection agencies we retain, may also report information about you to credit bureaus. As a result, late payments, missed payments, or other defaults by you may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information Alevon reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact hello@Alevon.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Alevon Membership, you must contact the collection agency directly.
Taxes
In certain jurisdictions, Alevon may enable the collection and remittance of certain taxes from or on behalf of Renters or Owners, based on existing and future tax regulations, including marketplace facilitator or art rental regulations. The amount of taxes, if any, collected and remitted by Alevon will be visible to, and separately stated, to both Renters and Owners on their respective rental period-related documents and invoices. Where Alevon is facilitating the collection and remittance of taxes, Owners are not permitted to collect the same taxes on the Platform in relation to their Artwork rent or sale in that jurisdiction.
Violations. Alevon has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.
Alevon reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Alevon, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Platform or our community. If we believe you are abusing Alevon, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Membership and access to the Platform, remove Owner content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Platform. Additionally, we reserve the right to refuse or terminate access to the Platform to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy enforcement. When an issue arises, we may consider the user s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Power of Attorney. You hereby grant and appoint us a limited power of attorney to present Art Insurance claims for property damage to the Artwork, if it is damaged while in the possession of a Renter and to endorse your name on the insurance.
SPECIFIC TERMS FOR RENTERS
The following sections also apply to any Rental:
Minimum Service Address Requirements. In order to be approved for a Rental, the Service Address must meet the following minimum requirements:
* Central Station Burglar Alarm - A professionally monitored alarm system is connected to a central station that contacts authorities in case of activation.
* Backup Power Source - A backup generator or uninterruptible power supply (UPS) to keep the alarm system active during power failures.
* Fire Detection System - Smoke, heat, and flame detectors tied to the central station alarm.
* Impact-Resistant Windows/Doors Reinforced windows, doors, locks, and glazing to withstand brute force entry and protect during a hurricane or similar windstorm.
* Climate Control System - Climate monitoring for humidity and temperature to protect against environmental damage.
* Placement of Artwork away from direct sunlight.
* No smoking or vaping near the Artwork - no exceptions!
* Artwork cannot be accessible to pets or young children.
Renter Address Restrictions. A Renter may only have the Artwork at the Service Address.
Renter Obligations for Artwork Delivery and Installation:
Crate Storage and Handling
When an Artwork is delivered in a crate or other specialized packaging ("Crating Materials"), Renters must:
* Maintain all Crating Materials in their original condition throughout the Possession Period
* Store all Crating Materials in a climate-controlled, secure location at the Service Address
* Ensure Crating Materials remain accessible for Art Shipper inspection and re-packing
* Not dispose of, modify, or relocate any Crating Materials without Alevon's written permission
* Maintain proper environmental conditions for Crating Materials as specified by Art Shipper
* If Crating Materials cannot be stored at Service Address, pay for alternative storage and additional transportation costs
* Be responsible for any damage to Crating Materials during Possession Period, which shall be treated as damage to the Artwork for purposes of Security Deposit and insurance claims
Building Access and Coordination
Renters are responsible for:
* Coordinating all building management approvals for delivery and pickup
* Securing freight elevator reservations for scheduled dates
* Providing Art Shipper with all building requirements and restrictions at least 72 hours before scheduled delivery/pickup
* Ensuring Art Shipper has proper building access during scheduled times
* Being present or having an authorized representative present during delivery and pickup
* Paying any additional fees incurred due to:
- Failure to secure proper building access
- Insufficient freight elevator availability
- Delays caused by building management restrictions not previously disclosed
- Art Shipper waiting time due to Renter's failure to coordinate
* Paying any building-imposed fees for delivery/pickup
Size and Fit Verification
Renters must:
* Verify all dimensions prior to rental, including:
- Artwork dimensions
- Building access routes
- Elevator dimensions
- Installation location measurements
- Ceiling height and weight-bearing capacity
* Confirm all building restrictions regarding artwork size and installation
* Accept financial responsibility if Artwork cannot be installed due to size issues or building restrictions, including:
- Payment for entire Minimum Rental Period
- All Art Shipper fees for attempted delivery and return
- No refund for prepaid rental periods
- Additional fees for Art Shipper time and resources
Artwork Inspection. The Renter acknowledges and agrees that it is solely responsible for any damage to the Artwork during its possession. Please complete a visual inspection before you accept possession of the Artwork. If you find damage in your initial inspection, you should note this to the Art Shipper so they can include it in their Condition Report. Please note that the Art Shipper will produce a Condition Report upon delivery of the Artwork and upon pickup/termination of the Possession Period. If they find new damage has occurred during the Possession Period, they will report this change in condition to Alevon. This will be the basis of a claim against your Security Deposit, and any damage occurring during the Possession Period shall be your sole responsibility. Both Owner and Renter will have access to such Condition Reports, upon request. Such condition reports may be updated during the Possession Period as Alevon may determine in its sole discretion, but typically every three months. If the Artwork's condition upon delivery is materially different from what is disclosed on the Platform, contact Alevon immediately at +1-(305) 990-1305 by phone and text message.
Artwork Return. For such Artwork with a Flexible Rental, either the Owner or the Renter has the right to cancel a Rental with 15 days written notice to Alevon. Failure by the Renter to make the Artwork reasonably available for pickup by the Art Shipper upon notice by Alevon will result in additional Total Rental Fees, as determined by Alevon.
Emergency Relocation and Return of Artwork. In the event of: (i) a named tropical storm, hurricane, wildfire, or other similar peril, (ii) any determination by Alevon, in its sole discretion, that the Artwork may be at risk of damage, loss, or deterioration, (iii) any circumstances that could potentially impact the Artwork's preservation or value, or (iv) any failure of the Service Address to meet minimum requirements, the Renter agrees to fully cooperate with Alevon and the designated Art Shipper to relocate or return the Artwork as Alevon may direct. Upon notification from Alevon, the Renter shall make the Artwork immediately available for pickup by the Art Shipper, provide access to the Service Address at the time specified, and not interfere with or impede the process in any way.
For relocations due to natural perils under subsection (i), Owner shall bear all Art Shipper fees and related costs for the emergency relocation and subsequent return of the Artwork. For all other relocations or returns under subsections (ii), (iii), or (iv), Alevon will bear such costs unless the need for relocation or return is due to the Renter's failure to maintain the required safety standards at the Service Address or other breach of this Agreement.
Alevon may, in its sole discretion, determine at any time that the Service Address is unsuitable for the Artwork's return or continued placement, whether due to damage from a natural peril, failure to meet minimum requirements, or any other safety or security concern. In such case, Alevon may immediately terminate the Rental Agreement with no refund to Renter of any remaining Rental Period fees. This right of termination exists regardless of the cause of unsuitability and whether or not the Renter was at fault.
If Alevon determines, in its sole discretion, that any threat or risk has passed and the Service Address is suitable and safe for the Artwork's return, the Artwork shall be returned to the Renter for the remainder of the Rental Period, provided that: (a) the Service Address meets all minimum requirements, (b) the Renter is not in breach of this Agreement, and (c) the circumstances necessitating removal have been fully resolved. During any period of relocation, the Rental Period shall continue, and the Renter shall remain responsible for all applicable fees, unless otherwise determined by Alevon at its sole discretion.
For the avoidance of doubt, Alevon maintains the absolute right, exercisable at any time in its sole discretion, to terminate any Rental and demand return of any Artwork if Alevon determines there is any risk to the Artwork's safety, security, or condition, regardless of the source or nature of such risk.
If the Renter fails to cooperate with the relocation or return process, Alevon reserves the right to terminate the Rental Agreement immediately and hold the Renter liable for any damage or loss to the Artwork resulting from such failure to cooperate. The Renter acknowledges that this provision is crucial for the protection of the Artwork and agrees that compliance with these terms is a material condition of the Rental Agreement. Alevon's determination regarding risk to the Artwork, suitability of the Service Address, and safety of return shall be final and binding.
No Modification of Artwork. The Renter is not permitted to modify or repair Artworks. Renters are solely responsible for immediately notifying us of any damage or loss to an Artwork while in their possession.
No Movement of Artwork. The Renter is not permitted ever to move the Artwork (including within the Service Address). Renters must immediately notify us before any intended move of the Artwork and obtain prior written approval as to such move, date, and time, such move to be performed solely by the Art Shipper.
Security Deposit. Renters will be required to provide a refundable security deposit at the time of Rental, the amount of which is to be determined by Alevon. The Security Deposit will be kept in a bank account by a FDIC-insured third-party bank, or as a hold on a credit or debit card, at Alevon's sole discretion, and shall serve as the first payment source for any damage to or theft of the Artwork during the Possession Period, late payments or defaults on any fees or charges due under this Agreement, any costs, expenses, or damages incurred by Alevon or the Owner as a result of Renter's breach of any term of this Agreement, or any other financial obligation of the Renter arising from this Agreement which Renter does not timely pay. When renting an Artwork on Alevon, you agree to work with Alevon to address any issues, including making a claim for coverage under any applicable insurance policy in the event the Security Deposit may be exhausted. Any remaining balance in the Security Deposit (after deduction for any applicable charges) shall be promptly returned to the Renter after the Owner has received the Artwork, both the Owner and Renter have released Alevon of all claims, and all financial obligations under this Agreement have been settled; however, Alevon reserves the right to withhold all or part of the Security Deposit for a reasonable period after the end of the Rental Period to assess any potential claims or damages. The use of the Security Deposit does not limit the Renter's liability, and the Renter remains responsible for any amounts due in excess of the Security Deposit, including but not limited to costs related to excessive damage or theft of the Artwork.
Art Insurance. If you are a Renter, and subject to you fulfilling your obligations under this Agreement, Alevon s art insurance may apply to cover certain damages incurred in the event of damage or loss ("Art Insurance"). The Art Insurance provides coverage for damage to the Artworks for which you may be legally liable as a Renter. In the event of any damage to the Artwork during the Possession Period, including if there is coverage by the Art Insurance, you will be required to pay up to the full Security Deposit per damage incident before any Art Insurance coverage. Your personal property is not covered by the Art Insurance. No coverage is provided for any use of the Artwork in breach of the terms of this Agreement.
Art liability insurance and legal liability protection
If the Renter has their own art insurance, it will be primary over the Art Insurance, depending on various factors such as applicable laws, and/or where the accident or damages occur.
Use of the Artwork
When you rent an Artwork on the Platform, you must use the Artwork only for your personal use and not for any commercial purposes (e.g. renting it to others for a fee or providing a service in any way similar to Alevon). You may not access an Artwork until the Rental Period start time and you must return the Artwork on time upon termination of the Rental Period. You must present the Art Shipper with a current, valid driver s license and any other forms of identification that have been communicated to you. You must exercise reasonable care in your use of the Artwork. You are required at all times to keep the Artwork safe and in compliance with all applicable laws. In the event Alevon has any concern about your use of an Artwork, Alevon may terminate your Rental Period in its discretion at any time and require the return of the Artwork, including recovering the Artwork on behalf of the Owner. You commit that you will not try to contact the Owner outside of the Platform in any way. You must not engage in any prohibited or illegal uses with any Artwork you rent through the Platform. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact hello@Alevon.com. If you misuse an Artwork, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Renters also acknowledge that using an Artwork in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage or nullify the Art Insurance coverage.
No legal responsibility for Artwork
You acknowledge that Alevon is not responsible and shall not be liable for the condition or legal status (e.g., whether the Artwork is legally owned by the Owner or the subject of a stolen Artwork or art loss register), or authentication of the Artwork or whether it otherwise satisfies our eligibility requirements.
SPECIFIC TERMS FOR OWNERS
The following sections apply if you list your Artwork through the Platform:
Minimum Listing Requirements. In order to approve an Artwork listing on the Program, the Owner must provide a recent appraisal or recent sales invoice, Images, provenance records, fact sheet, and recent condition report acceptable to Alevon.
Owner Commitments.
As an Owner, you represent and warrant that you are either (i) the sole Owner of the Artwork and/or (ii) have full rights to rent the work as set forth in the Platform. You will provide such Artwork on time for pickup by the Art Shipper, to be delivered only to a Renter who is listed on the Platform as an approved Renter for the Rental Period at the Service Address. You commit that you will not try to contact the Renter outside of the Platform in any way. You commit that your listings will be complete and accurate, including exhibition history, provenance, catalog numbers, and authenticity, and you will honor all representations made in your listings, including honoring the price quoted to a Renter. You will not cancel a rental for the purpose of seeking a higher price from a Renter or other person. You will not offer any Artwork that you do not yourself own or that may not be rented for compensation pursuant to the terms and conditions of this Agreement. You will provide all such documents to Alevon, including all Owner information, to confirm ownership of the Artwork if so, requested by Alevon. If your Artwork is subject to a lease, loan, or other financing agreement, you must confirm that the rental or sale of your Artwork on Alevon does not violate the terms of the contract with the lienholder. You will not offer any Artwork that is the subject of a missing or stolen Artwork report or listed on the National Stolen Art File, Art Loss Register, Art Recovery International, Interpol Stolen Works of Art database, UNESCO Red List of Cultural Objects at Risk or anything similar. You further represent and warrant that the Artwork is authentic and is correctly described in the provided fact sheet and related materials. You will confirm all data on the Platform prior to it going live and update it immediately upon learning of new data, which would render the existing description on the Platform inaccurate in any way.
Artwork information given at listing
When you sign up for Alevon, you will identify the Artwork(s) that you want to list for rent or sale through the Platform or directly with Alevon. Each Artwork must meet the requirements we may provide from time to time. You may only use the Platform in connection with Artworks that you own or otherwise have all the necessary rights and permissions to share. If the Artwork you list on the Platform is enabled with a device or GPS or similar technology capable of determining the location of the Artwork, you agree to comply with the applicable law and provide notice of such to Alevon.
Listing only on the Platform
Any Artwork you list on the Platform must be exclusively listed on the Platform. You cannot list any Artworks you intend to share on the Platform on any other art rental marketplace. Failure to abide by this condition may result in removal of the Artwork from the Platform, liquidated damages and account closure, in Alevon s sole discretion.
Alevon Photography
Alevon offers Owners a list of approved photographers to take photographs and videos of their Artworks. We suggest you use these approved photographers and their provided images in connection with your Alevon listing and you agree that you will cease using such images if they no longer accurately represent your Artwork. Alternatively, you may provide images off the Artwork to Alevon for use on the Platform. For all of these images, whether provided by you or my Alevon s approved photographers (collectively Images ) you agree that Alevon is a licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images and you shall take no action to challenge or object to the validity of such rights or Alevon s use thereof. You acknowledge that Alevon may use the Images for advertising, marketing, commercial, and other business purposes in any media or Platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. You will take such further acts to maintain these intellectual property rights and other legal protection in the Images. You further represent and warrant that you have the right to provide such license to Alevon.
Artwork availability
Once an Artwork is rented on the Platform, you must make the Artwork available to the Art Shipper for delivery as expected by the Renter. You cannot offer the Renter the option to pick up your Artwork at your location. You must use the Art Shipper. You must supply the location of the Artwork accurately to Alevon and ensure that the Artwork is available at that location at the beginning of the Rental Period for pickup at the time designated by Alevon and/or approved by the Art Shipper.
Pricing, earnings, and payments
You will be able to set and revise the Artwork's pricing and availability as you choose before starting a Rental Period. Any change to an existing Artwork's details or the addition of a new Artwork to the Platform shall be automatically incorporated into this Agreement upon Alevon's acceptance. No formal amendment to this Agreement is required for incorporating new Artworks or updates to existing Artworks. Upon rental, Alevon will pay you the Owner Commission on a quarterly basis, for the prior quarter (i.e. every 3 months). To the extent you owe Alevon or any third party contracted by Alevon, Alevon also reserves the right to deduct those amounts from your Owner Commission, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.
Reporting Artwork damage
If you believe that a Renter has caused any damage to your Artwork, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the Artwork is returned to you) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for insurance coverage. Alevon typically will have its Art Shipper prepare a Condition Report at the time of delivery of the Artwork to the Renter and upon pickup of the Artwork. Any change in condition will be the basis of a claim. Based on the investigation, Alevon or third-party claims administrators will reasonably determine whether the damage occurred during the Possession Period, or by the Art Shipper and is eligible for coverage. If it was damaged during the Possession Period, a deduction shall first be made from the Renter s Security Deposit. If the damage exceeds the Security Deposit and the Owner did not decline the Art Insurance, you will be reimbursed for the loss as described in the sections below. If the damage was caused by the Art Shipper, a claim shall be made by you to the Art Shipper s insurance, if applicable. If Alevon is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Alevon or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage. Under no event shall Alevon be liable for any damage or loss to the Artwork and you hereby disclaim any such right. Any damage must be reported immediately by phone and text message to +1-(305) 990-1305 and email to hello@Alevon.com.
Art Insurance and legal liability protection
Owners can elect to be covered under the Art Insurance.