Mironova Art Terms and Conditions

Acceptance of Terms
Interpretation
Use of the Platform
Intellectual Property
Artwork Listings and Sales
Payment and Pricing
Shipping and Delivery
Returns and Refunds
User Content
Privacy and Data Collection
Security
Dispute Resolution
Limitations of Liability
Indemnification
Termination
Warranties and disclaimers
Third-party websites and services
Force majeure
Electronic notifications
Changes to Terms
Contact Us

I. Acceptance of Terms

By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any portion of these Terms, you may discontinue the use of our services.

These Mironova Art Terms and Conditions and any operating rules and policies posted on the Platform, including Conditions of Sale, Creator's Terms of Use, Dealer's Terms of Use, Dispute Resolution Procedure, Shipping Policy, Return and Refund Policy, Privacy Policy, Content Guidelines constitute the entire legally binding agreement and understanding between us and our users, governing your access to and use of Platform (“Agreement”).

II. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of this Terms and Conditions:

Mironova Art (referred to as either “Mironova Art”, “We”, “Us” or “Our”) refers to NobleArts OÜ, Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-201, 10152.

Products refer to the items offered for sale on the Platform.

Order means a request by You to purchase Products from the Platform.

Platform refers to the Mironova Art online Platform, accessible from www.mironova.art

Service refers to the Services provided by Mironova Art through the Platform, including but not limited to all functions and features accessible through the Platform.

User (referred to as either “You”) refers to the individual or a legal entity accessing or using the Platform. When you visit the Platform, you become our user.

We divide the Users into categories so you can easily find details about the processing of your personal data.

Sellers – users, who sell goods on the Platform (Creators and Dealers), both individual and corporate entities.
Clients – users, who buy goods on the Platform.
Platform users – users, who visit and use our Platform.

By using the Platform you make these Terms valid and mutually binding for the parties, and you declare and warrant that:

you have read and understand the Agreement and hereby agree to be legally bound by and to comply with these Terms in full;
you have full legal capacity, which means you have reached the legal age and are not restricted otherwise (otherwise, you can use Platform exclusively with the involvement of a parent or guardian);
you are duly authorized to act on behalf of the legal entity you represent (if applicable);
according to your local jurisdiction, you are eligible to enter into this agreement and have no restriction to access or use the Platform;
you comply with these Agreement and all applicable laws and regulations.

III. Use of the Platform

License: Subject to your compliance with this Agreement, Mironova Art grants you a limited, non-exclusive, non-transferable, revocable worldwide license to access and use the Platform in the manner provided for in these Terms, including for commercial purposes.

Prohibited Activities Include, But Are Not Limited To:

violate any applicable laws, regulations, or third-party rights.
use the Platform for any illegal, harmful, or fraudulent purposes.
attempt to circumvent, disable, or otherwise interfere with the security or functionality of the Platform.
engage in data mining, scraping, or any other form of data extraction without our prior written consent.
post, share, or transmit content that is defamatory, obscene, or otherwise objectionable.
impersonate another person or misrepresent your affiliation with any entity.
use any robot, spider, another automatic device, or manual process to monitor, copy, or “scrape” content or for any other unauthorized purpose without our prior written consent;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Mironova Art to protect it;
change or delete any Mironova Art’s ownership notices from materials downloaded or printed from the Platform;
use content or any of its elements in any way not provided for in these Terms without the prior written permission of Mironova Art or owners.

3. Account Registration: To access certain features of the Platform, You may be required to register an account. You agree to provide accurate, complete, and up-to-date information during the registration process and to maintain the confidentiality of your account credentials.

Users are solely responsible for:

maintaining the confidentiality and security of the login credentials;

all actions taken through their accounts.

4. Problems with account. You must not transfer or assign your account to someone else.

Please immediately contact us if:

you have lost access to your account,

you know or have any reason to suspect that someone has gained access to your account without your authorization,

your credentials have been lost, stolen, misappropriated, or otherwise compromised.

5. Account deletion. You may delete your account by sending us a request via support@mironova.art

IV. Intellectual Property

1. Ownership: All content on our Platform, including but not limited to text, graphics, images, artwork, logos, and software, is owned or licensed by Mironova Art and protected by intellectual property laws.

2. Copyright: You may not reproduce, distribute, modify, create derivative works, publicly display, or otherwise use any content from our Platform without our prior written consent.

3. Artwork Images: While We display images of artworks on our Platform, the copyright and other intellectual property rights to the artwork remain with the respective artists and/or gallery. You may not use these images without obtaining the necessary permissions.

V. Artwork Listings and Sales

1. Artwork Descriptions: We make every effort to provide accurate and detailed descriptions of the artwork listed on our Platform. However, We do not guarantee the accuracy or completeness of such descriptions. Mironova Art refrains from crafting descriptions for items sold on our Platform by independent creators and/or galleries. The responsibility for furnishing comprehensive, accurate, and up-to-date information about the items they sell lies with the creators and galleries themselves.

2. Availability: Artwork listings are subject to availability. We retain the right to modify or remove listings at any time without notice. This includes those posted by independent creators and/or galleries, as well as those that have successfully undergone moderation.

3. Sales: When You purchase an artwork through our Platform, You enter into a legally binding contract with Mironova Art. Payment must be made through our accepted payment methods.

VI. Payment and Pricing

1. Payment Methods: We accept payment by credit card and other methods as specified on our Platform. You agree to provide accurate and current payment information, as well as refrain from any illegal and harmful activities on our Platform including but not limited to identity theft, theft of payment details, money laundering, and paying with stolen credit card details. Payments under these Terms may be charged via the third-party payment services provider using which you are subject to other terms and policies. We are not responsible for processing your personal data by such a provider.

2. Pricing: Prices listed on our Platform are subject to change at any time. We are not responsible for typographical errors or inaccuracies regarding pricing information. Mironova Art does not exert any influence on the pricing decisions for items sold through the Mironova Art platform. The determination of pricing rests solely with the artists and the respective galleries.

VII. Shipping and Delivery

1. Delivery Times: Estimated delivery times are provided for reference and are not guaranteed. Mironova Art is not responsible or liable for organizing and carrying out delivery. The expected delivery timelines may differ among various independent creators and galleries. It is the responsibility of these entities to provide their Clients with estimated delivery dates, tracking codes, and any other pertinent information related to the delivery of the Client’s order.

2. Shipping Charges: Shipping fees may apply to your order. These fees are displayed during the checkout process.

3. Risk of Loss: Risk of loss and title for a creation passed to You upon its transfer to the shipping carrier.

VIII. Returns and Refunds

Returns and Refunds may be issued in accordance with our Return and Refund Policy.

IX. User Content

You can upload materials, including images, videos, texts, designs, graphics, icons, or other materials and information (“User Content”) through the Platform. If you contribute User Content it may be accessible to other users and available for copying, sharing, distributing, and publishing outside the Platform.

Users are exclusively responsible for all User Content and the consequences of submitting it through the Platform. We do not verify the User Content’s accuracy, quality, content or legality. We may, but are not obliged to review, analyze, filter, edit or remove any User Content. We are not responsible for preventing or identifying infringement of intellectual property rights or non-compliance with applicable laws. Mironova Art will not be liable, directly or indirectly, in any way for any damage or loss caused or alleged to be caused by or in connection with the User Content.

Users are solely responsible for obtaining all necessary consents, licenses and waivers required to submit the User Content through the Platform. These may include consents, licenses and waivers from copyright, trademark and other intellectual property owners, and any other individuals involved in creating the User Content.

We own your User Content and information that you submit through the Platform.

By submitting the User Content through the Platform, you grant Mironova Art a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable and transferable license to use, run, host, reproduce, process, translate, adapt, modify, publish, transmit, distribute and display the User Content.

This license gives permission to:

secure, encode, reproduce, host, cache, route, reformat, analyze and create algorithms and reports based on access to and use of the User Content;

use, enhance, personalize, deliver, exhibit, publish, broadcast, publicly display, publicly perform, distribute, create derivative works, promote, copy, store, and reproduce (in any form) the User Content on or through the Platform.

You can end this license anytime by deleting your User Content or account. However, the license and permissions regarding your User Content will continue to be in force for the users who have previously shared/reposted or downloaded your User Content.

When you upload or make available any User Content, you thereby represent and warrant that:

creation, distribution, public display, and accessing, downloading, or copying of such User Content do not and will not infringe the intellectual property rights of any third party;
you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize other users of the Platform and us to use your User Content in any manner contemplated by Mironova Art and these Terms;
you are solely responsible for all the confidential information and personal data that may appear in your User Content (such as a company name, address, pictures of any people, their contacts, etc.);
your User Content is not false, inaccurate, or misleading, does not harm minors;
your User Content does not impersonate any person or entity, including, without limitation, any Mironova Art’s representative, or falsely states or otherwise misrepresents your affiliation with a person or entity;
no payments of any kind shall be due by Mironova Art to any person (entity) for the use of the User Content.

You are solely responsible for any User Content you upload to the Platform. The User Content published through the Platform can be subject to our prior moderation. However, we do not give any promises or guarantees to the User Content.

X. Privacy and Data Collection

Our data collection practices are outlined in our Privacy Policy, which is an integral part of these Terms. By using our Platform, You consent to the collection, use, and sharing of your information as described in the Privacy Policy.

XI. Security

While We take reasonable steps to protect your data, We do not guarantee the security of information transmitted to or from our Platform. You understand that there are inherent risks associated with online communication and data storage.

XII. Dispute Resolution

Any controversy, claim, or dispute arising out of or in connection with these Terms shall be exclusively settled by binding arbitration. Prior to initiating arbitration, the parties agree to exhaust all other available avenues for resolving the matter according to the “Dispute Resolution Procedure”. You and Mironova Art expressly waive any right to a trial by jury in relation to such disputes.

XIII. Limitations of Liability

To the extent permitted by law, Mironova Art shall not be liable for any indirect, incidental, special, consequential, or punitive damages. Our total liability for any claim arising from or relating to these Terms or the use of our Platform shall not exceed the total amount You paid for the specific artwork or service in question.

XIV. Indemnification

You agree to defend, indemnify and hold harmless Mironova Art from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:

any breach by you of any of the Mironova Art Policies;
your use/misuse of the Platform;
a violation by you of applicable law, our or third party’s intellectual property or other rights, or any agreement or terms with a third party to which you are subject.

We reserve the right to handle our legal defense. You agree to cooperate with us to execute our strategy.

XV. Termination

We reserve the right to terminate or suspend your access to our Platform at our sole discretion, without notice, for any reason.

You may terminate these Terms by canceling your subscription, deleting your account and no longer accessing and using the Platform or by contacting us.

If you terminate these Terms, all permissions and licenses under these Terms will immediately terminate.

All the account data you provided us and your purchase history will be deleted after the deletion of your account.

XVI. Warranties and disclaimers

The Platform is provided «as is». Mironova Art explicitly disclaims all warranties, express or implied, regarding the Platform, Content and Services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of intellectual property rights.

We apply our best efforts to keep your data safe and secure and maintain the Platform’s functionality. However, the Platform may be subject to unavailability due to various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited, or curtailed.

We are not responsible for data loss or the inability to use passwords or other information for login or identification.

We do not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of anything else harmful.

We are not responsible for the accuracy of Sellers' listings, the originality or availability of the items offered on the Platform, nor for their delivery to the Clients. We are also not responsible for the seriousness of the intentions and actions of Clients.

XVII. Third-party websites and services

The Platform contains or may depend on links to other websites and services.

The access and use of the other websites and services we own or manage are subject to the relevant software as a service agreement (or equivalents) published on such websites and services and are not governed by these Terms.

The access and use of the other websites and services we do not control are governed by third parties and do not fall under these Terms.

We are not responsible for the content, functions, and services offered through third-party websites or services and for any loss, damage, or other liabilities incurred as a result of your use of such websites, services, and their content or functions. We do not control the features available or accessed through them.

You acknowledge that other terms of use (or equivalents) and privacy notices (or equivalents) apply to your use of third-party websites, services, and their content or functions.

XVIII. Force majeure

The Party is released from liability for breach of these Terms if such breach is caused by reasons beyond the control of this Party (“Force Majeure”).

The Force Majeure shall be confirmed by the relevant document (certificate) issued by the authorized body at the Party’s request.

The Party must immediately (and not later than within ten (10) calendar days from such circumstances occurrence) notify the other Party of the Force Majeure and substantiate its interference with the performance of obligations under these Terms. Otherwise, such a Party loses the right to refer to the Force Majeure.

Force Majeure automatically extends the term of performance of obligations under these Terms for a period equal to its duration. Force Majeure releases the Party invoking it from the liability for non-performance.

If the Force Majeure lasts for more than 30 calendar days, either Party may initiate the termination of these Terms.

XIX. Electronic notifications

By using the Platform and providing us with your contact details, you understand and agree that we may send you electronic notifications via email and push notifications regarding, without limitation:

your use of the Platform;
marketing and promotional materials;
communication with support and other users;
updates of the Platform and these Terms.

Some email messages may be more “commercial” in nature than others, as they may advertise our services or offers in which we believe you may be interested. You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.

XX. Changes to Terms

We may modify these Terms at any time. The most recent version will be posted on our Platform. Your continued use of the Platform following the posting of changes constitutes your acceptance of those changes.

XXI. Contact Us

If You have any questions or concerns about these Terms, please contact Us at:

support@mironova.art

Emerging Creators

Experienced Creators

Established Creators

Dealers