Creator's Terms of Use

Acceptance of Terms
Interpretation
Registration and Eligibility
Creator's Obligations
Pricing
Platform's Obligations
Creators Rights
Payouts
Platform’s Rights
Limitation of Liability
Termination
Governing Law

Mironova Art extends a warm invitation to a broad spectrum of creators to become valued members of our dynamic and diverse community. We welcome creators at every stage of their artistic journey - whether emerging, embarking on their creative endeavors, or established with proven acclaim. We also encourage those who are newly discovering their artistic talents to apply through our dedicated "Application Form" page.

I. Acceptance of Terms

By using the Platform, you agree to comply with and be bound by these Creator's Terms of Use. These terms outline the rights, obligations, and responsibilities of creators on the Platform. Please read these terms carefully before using the Platform.

These Creator's Terms of Use and any operating rules and policies posted on the Platform, including Mironova Art Terms and Conditions, 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 Creator's Terms of Use:

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;
you have the moral and exclusive property rights to the products you sell on the Platform.

III. Registration and Eligibility

a. You are designated as a Creator if you plan to sell Items that you, either as an individual or a corporate entity, have personally designed and manufactured, and for which you hold exclusive copyright. Even if these Creations are produced by others, to maintain your classification as a Creator, you must be the one (or ones) who conceived the design and hold exclusive copyright. For example, you could be a painter or own a home decor brand. Essentially, whether as an individual or a corporate entity, you are the sole mastermind behind the Creations you offer for sale.

b. To become a registered Creator of Mironova Art, individuals must provide accurate and complete information during the registration process.

c. Creators must be of legal age (18 +) or have parental consent to use the Platform.

e. Creators engaging with the Platform must comply with local laws and be authorized to conduct business in their respective jurisdictions.

d. To be eligible Creators must reside in a country other than Iran, Iraq, the Russian Federation, North Korea, Lebanon, Libya, Belarus, Afghanistan, Somalia, Sudan, South Sudan, Syria, Venezuela, Yemen, Zimbabwe, Congo, Liberia, Cuba, CAR, DRC, Haiti, Eritrea, and Turkmenistan.

It is worth mentioning that the Platform will not be accessible from the above-mentioned countries. At the same time, Mironova Art may, at its own discretion, provide Services to the above-mentioned countries’ nationals (including considering their candidacy as Sellers), given they reside outside the specified destinations and have no affiliation with any political organizations from those Countries.

These Creator's Terms of Use and any operating rules and policies posted on the Platform, including Mironova Art Terms of Use, Terms and Conditions, Conditions of Sale, 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”)

IV. Creator's Obligations

a. Creators shall provide authentic and original content for listing on the Platform and must not infringe upon any third-party rights, including copyright, trademark, or intellectual property rights.

b. Creators must ensure that their content complies with our Content Guidelines.

c. Creators are responsible for the accuracy of their listings, including Product descriptions, pricing, and images.

d. The Creator undertakes to communicate respectfully and professionally with the Platform's staff members at all times.

e. Creators commit to strictly adhering to all Mironova Art Policies and the established Terms and Conditions governing Platform use.

f. Creators pledge to regularly update their inventory with new Items for sale, ensuring up-to-date Product descriptions and relevant information.

g. Creators agree to maintain accessibility via the provided registration contact information and diligently check and respond to messages received through the Platform.

h. Creators shall refrain from engaging in any unlawful activities while utilizing the Mironova Art platform.

i. Creators shall ensure that sold Items are shipped off according to the Packaging Procedure.

j. Creators pledge to promptly transfer the Items sold and the corresponding Item's exclusive copyrights to the client by dispatching the Item through trusted delivery services within 5 (five) working days of the sale.

k. Creators agree to comply with applicable tax laws and regulations regarding sales, income generated, or any tax obligations arising from transactions facilitated through the Mironova Art platform.

l. Creators commit to ensuring Product availability for Items listed on the Platform and promptly updating inventory status or removing listings that are no longer available for sale.

m. Creators acknowledge and respect user privacy rights, refraining from misusing or mishandling personal information obtained through interactions on the Platform.

n. Creators are responsible for ensuring the quality and condition of sold Items, maintaining consistency between the displayed Product and the delivered Item.

o. In the event of disputes or conflicts with buyers or users, Creators agree to cooperate with the Platform's Dispute Resolution Procedure in good faith.

p. Creators undertake to stay informed and adapt to any updates or changes made to Platform policies, guidelines, or terms of use communicated by Mironova Art.

q. Creators agree to transparently communicate any additional policies, terms, or conditions applicable to their sales, ensuring clarity for buyers before completing transactions.

r. Creators pledge to conduct sales and business practices ethically, avoiding deceptive marketing tactics, false claims, or misleading information related to their Products or services.

s. Creators commit to providing timely and helpful customer service to buyers, addressing inquiries, concerns, or issues promptly and professionally.

t. Creators strive for continuous improvement in their offerings, customer service, and overall business practices to enhance the buyer's experience on the Mironova Art platform.

u. Creators commit to fostering a positive public image of Mironova Art and agree to refrain from any actions that could potentially damage the Platform's reputation.

v. Creators undertake to cultivate a welcoming atmosphere within the Mironova Art Platform, embracing the principles of inclusivity, transparency, and mutual support.

V. Pricing

a. The Creator undertakes to offer Products for sale on the Mironova Art Platform at prices identical to those at which the same goods are sold by the Creator outside the Mironova Art Platform, including both online resources and offline sales methods. If it comes to light that the Creator is selling goods on the Mironova Art Platform at prices higher than those at which the same Items are sold outside the Platform, the Creator may be subject to sanctions.

Such may include:

i. Immediate termination of the Creator’s account without the possibility of its restoration in the future.

and

ii. Imposition of a fine of up to 50% of the value of goods sold by the Creator on the Mironova Art platform, whose value was found to be lower when sold by the Creator via other online sources or offline methods.

iiI. Permanent transfer of the Creator’s earnings held in possession of Mironova Art into the ownership of Mironova Art.

VI. Platform's Obligations

a. Mironova Art will provide a Platform for creators to showcase and sell their art to a global audience.

b. The Platform will undertake marketing and promotional efforts to showcase and highlight creators' work, enhancing their visibility and reach to potential buyers.

c. The Platform will handle transactions securely and provide the necessary support for creators regarding sales, inquiries, and technical issues within a reasonable time frame.

d. The Platform will maintain confidentiality regarding creators' personal information and sensitive data as per our Privacy Policy.

e. Mironova Art is committed to maximizing visibility for creators' professional endeavors and promoting their work through a range of strategic marketing tactics.

f. Ensure timely and accurate payouts to Dealers following the specified 14-day return period, initiating payouts within 31 upon request, providing transparent details of fees and earnings.

g. Mironova Art is committed to delivering timely and comprehensive technical support to Clients and Creators, ensuring a smooth experience on the Platform.

h. Mironova Art will make every effort to efficiently address and resolve any emerging issues, conflicts, or disputes that may arise, prioritizing fair resolutions for all involved parties.

i. The Platform is obligated to implement robust security measures to safeguard creators' personal data, financial information, and intellectual property against unauthorized access or breaches.

j. The Platform will conduct regular maintenance and updates to ensure the stability, functionality, and security of the website or application.

k. Mironova Art is obliged to maintain clear and accessible policies and guidelines, outlining the rights and responsibilities of creators and other users.

l. The Platform should provide a clear and efficient mechanism for dispute resolution between creators, buyers, or any involved parties, ensuring fair and timely resolutions.

m. The Platform will offer accessible features and provide comprehensive user support to assist creators in navigating the Platform and resolving any queries or issues.

n. Mironova Art will operate in compliance with relevant laws and regulations concerning e-commerce, data protection, intellectual property rights, and consumer rights.

o. Mironova Art will strive for continuous improvement, introducing new features or tools that benefit creators and enhance their experience on the Platform.

VII. Creators Rights

a. Creators have the right to request and receive payouts of their earnings after the 14-day return period has passed.

b. Creators retain ownership of their original content uploaded or displayed on the Platform until sold.

c. Creators have the right to set prices, choose shipping methods, and manage their listings as per the Platform's guidelines.

d. Creators have access to sales reports, analytics, and relevant data regarding their listings on the Platform.

e. Creators possess the right to terminate their account on the Mironova Art Platform at their discretion, regardless of the reason.

f. Creators retain the right to remove Items from their catalog at any time while ensuring an adequate inventory remains available for purchase.

g. Creators maintain control over the pricing, descriptions, and presentation of their Products listed on the Platform.

h. Creators have the right to control and manage their personal data and information shared on the Platform as per the Privacy Policy.

i. Creators have the right to clear, timely, and transparent communication from the Platform regarding any changes, updates, or issues affecting their accounts or listings.

j. Creators have the right to expect fair treatment, free from discrimination or bias based on factors such as race, gender, religion, or nationality.

k. Creators have the right to receive and respond to constructive feedback and reviews from buyers and users in a respectful and professional manner.

l. Creators are entitled to receive prompt and knowledgeable support from the Platform's staff regarding technical issues, account management, or inquiries.

m. Creators have the freedom to collaborate with other creators or entities, fostering partnerships and joint ventures, subject to Platform policies.

n. In case of disputes or conflicts, creators have the right to a fair and impartial resolution process facilitated by the Platform.

VIII. Payouts

a. The Platform will ensure timely and accurate payouts to Creators following the specified 14-day return period, initiating payouts within 14 days upon request, providing transparent details of fees and earnings.

IX. Platform’s Rights

a. Mironova Art reserves the right to levy commissions on sales conducted through its platform in accordance with the Commission Chart.

b. The Platform has the right to display, promote, and market the creator's content on the Platform and associated marketing channels.

c. The Platform may use aggregated, non-personal data for analytics, research, and marketing purposes.

d. The Platform reserves the right to suspend or terminate a creator's account if they violate the terms of use or engage in prohibited activities.

e. The Platform has the right to moderate and remove content that violates community guidelines, infringes upon intellectual property rights, or is deemed inappropriate or harmful.

f. The Platform reserves the right to adjust fees, commissions, or charges for its services, subject to prior notification to users and in accordance with Platform policies.

g. The Platform may modify or discontinue certain features or functionalities of the Platform, providing notice to users as per Platform policies.

h. The Platform retains the right to retain certain data or information related to user activities and transactions for a reasonable duration as per legal requirements or for operational purposes.

i. The Platform establishes limitations of liability in its terms of use to safeguard against claims or damages resulting from users' actions or system-related issues.

j. The Platform may utilize user-generated content for promotional purposes within the scope of the Platform's marketing and advertising efforts.

k. The Platform has the right to amend, update, or modify Platform policies, terms, or agreements with prior notification to users and adherence to legal standards.

l. The Platform is entitled to enforce terms of use, policies, and agreements to ensure compliance by users, maintaining the integrity of the Platform.

m. The Platform reserves the right to select and engage in partnerships or collaborations that align with the Platform's goals, vision, and community interests.

n. The Platform may use user feedback and suggestions to enhance Platform features, services, or user experience for continuous improvement.

o. The Platform reserves the right to limit access to or delete a Creator’s account at any time, without prior warning, and for any reason deemed reasonable.

X. Limitation of Liability

a. The Platform shall not be held liable for any losses, damages, or disputes arising from transactions between Dealers and buyers on the Platform.

b. Creators acknowledge that the Platform acts as a facilitator and is not responsible for the quality, condition, or authenticity of Products sold.

c. Shall not be held responsible for the functionality, reliability, or consequences related to any third-party services or links accessed through the Platform.

d. Shall not be held responsible for any disruptions, interruptions, or losses caused by external factors, including technical issues or force majeure events.

e. Mironova Art does not guarantee the accuracy, completeness, or reliability of user-generated content or information provided by sellers or third parties.

f. Under no circumstances shall the total liability of the Platform exceed the documented losses incurred by the user in connection with the current conflict situation.

g. Creators agree to indemnify and hold the Platform harmless from any claims, losses, liabilities, or expenses arising from their use of the Platform.

h. The Platform disclaims all warranties, express or implied, regarding the use, availability, or performance of the Platform.

i. While the Platform takes reasonable measures to safeguard user data, it does not guarantee absolute security against data breaches or unauthorized access.

XI. Termination

a. The Platform reserves the right to suspend or terminate a Creator's account at its discretion, without prior notice, for reasons including, but not limited to:

Your use of the Platform violates these Terms or any Mironova Art policies;
You fail to provide required information, or the information provided is false or misleading;
Your conduct towards Our staff or other Users is inappropriate or abusive (e.g., insulting our staff);
You have seriously or repeatedly breached these Terms and have not rectified the issue within a reasonable period;
We are legally obligated to take such action.

b. Creators may terminate their accounts and remove all listed Items by submitting a written notice to the Platform.

Upon termination of these Terms, all rights, permissions, and licenses granted under them will immediately be revoked.

All account data and purchase history associated with your account will be permanently deleted following the account termination.

XII. Governing Law

These terms of use shall be governed and construed in accordance with the laws of Estonia and the European Union, without regard to its conflict of law provisions.

Emerging Creators

Experienced Creators

Established Creators

Dealers