Agreement between User and Minal Agarwal
The www.minalbyminal.com & www.minalbyminal.in website (the "Site") is comprised of various web pages operated by us. This website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of this website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
This is a place offering Fine Art Paintings, Commissioned Paintings, Reproductions, Other Products & Goods, and all other products.
Rights to Artwork and Images
All artwork, images, and graphics are the sole property of Minal Agarwal and may not be used by any third party without written permission.
Copying or reproducing artwork created by Minal Agarwal (as seen on this website, or elsewhere) is strictly prohibited without written permission from the artist.
Minal Agarwal retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business.
Minal Agarwal retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings.
Minal Agarwal retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY Minal Agarwal UNLESS THE COLLECTOR HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting.
Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork.
Any image of the interior which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artist’s name).
All other uses must be agreed to in advance in writing.
Visiting this website or sending emails to Minal Agarwal constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Minal Agarwal is not responsible for third party access to your account that results from theft or misappropriation of your account. We and our associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Minal Agarwal does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this website only with permission of a parent or guardian.
Minal Agarwal is not liable for any mishandling or failed delivery by the shipping service. Please contact firstname.lastname@example.org with any questions.
Original Paintings: All sales of original artwork are final. Orders canceled within the first 24 hours will incur a 20% restocking & re-marketing fee. Returns or exchanges of original work are not available except for the most extreme situations.
Links to Third Party Sites/Third Party Services
This website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Minal Agarwal and Minal Agarwal is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Minal Agarwal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Minal Agarwal of the site or any association with its operators.
Certain services made available via this website are delivered by third party sites and organizations. By using any product, service or functionality originating from this website domain, you hereby acknowledge and consent that Minal Agarwal may share such information and data with any third party with whom Minal Agarwal has a contractual relationship to provide the requested product, service or functionality on behalf of this website users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Minal Agarwal and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Minal Agarwal content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Minal Agarwal and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. I do not grant you any licenses, express or implied, to the intellectual property of Minal Agarwal or my licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Minal Agarwal from my office within India. If you access the Service from a location outside India, you are responsible for compliance with all local laws. You agree that you will not use the Minal Agarwal Content accessed through this website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Minal Agarwal, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Minal Agarwal reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Minal Agarwal in asserting any available defenses.
Changes to Terms
Minal Agarwal reserves the right, in its sole discretion, to change the Terms under which this website is offered. The most current version of the Terms will supersede all previous versions. Minal Agarwal encourages you to periodically review the Terms to stay informed of our updates.
Minal Agarwal welcomes your questions or comments regarding the Terms:
Effective as of March 26, 2021