Terms of Service and Custody Agreement

OVERVIEW
Please read the following carefully as you agree to be bound by these Terms of Service while accessing or using Site, Artworks and Art-stories created by Author.

Author — Talina Malinovska (ISNI 0000 0005 2756 4882), the creator of Artworks and Art-stories presented under the pseudonym «Talina Malina» (ISNI 0000 0005 2756 4890), who owns the trademark «Talina Malina Talina Malinovska^®» (registration number 1201327).
Artwork — a unique one-of-a-kind art object created by Author as a material embodiment of original artistic narrative 〜 Art-story.
Site — the website operated by Author at www.talinamalina.art, through which Content is made available and Service is provided.
Content — information and materials made available through Site, including texts, Artworks, Art-stories, any media and software elements.
Service — the functionality of Site and Author's actions that enable access to Content and granting Custody Powers for Artworks.
Custody Powers — the right to hold, use, and store a specific Artwork indefinitely.
Custodian — a person who has obtained Custody Powers for an Artwork under these Terms and the relevant Order-Invoice.
Order-Invoice — an individual document specifying the Artwork, Custody Powers and other terms agreed for granting Custody Powers to Custodian.
Agreement — any Custody Agreement comprising these Terms of Service, the Order-Invoice and any other terms agreed by Author and Custodian regarding Custody Powers.
Custody History — the documented history of Custody Powers and successive Custodians of an Artwork, recorded in its Certificate of Authenticity.
Certificate of Authenticity — the document issued by Author to confirm the authenticity of an Artwork and record its essential characteristics and Custody History.
Terms — these Terms of Service governing the use of Site and Service and the granting of Custody Powers for Artworks created by Author.

By visiting this Site or requesting Custody Powers for Artworks created by Author, you use Service and agree to be bound by Terms, including those additional terms, conditions and policies referenced herein and/or available by hyperlink. Any new Service added to Site shall also be subject to these Terms.
IMPORTANT! If you do not agree to all provisions of these Terms, then you should not access this Site or use Service, including Author’s Artworks.

SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are of the age of majority in your jurisdiction to use this Site and Service.
You may not use Site, Content, Service, Artworks and Art-stories created by Author for any illegal or unauthorized purpose nor may you, when using Service, violate any laws in your jurisdiction, including copyright laws. You agree not to reproduce, duplicate, copy, sell or exploit any portion of Site, Content, Service and Art-stories without Author's written permission.
Questions about Service and requests concerning Artworks should be sent to art@talinamalina.art.

SECTION 2 - SITE INFORMATION ACCURACY
Author is not responsible if information on this Site is not accurate, complete or current. Site Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Author reserves the right to modify Site Content at any time, but has no obligation to update it. You agree that it is your responsibility to monitor Site changes. Author made every effort to display as accurately as possible the images of Artworks on Site but cannot guarantee that colors will be displayed accurately on every device.

SECTION 3 - ARTWORKS AND SERVICES
Author reserves the right to make minor changes to any part of Artwork until it is handed over to the first Custodian under the Custody Agreement. All descriptions of Artworks, Art-stories, Terms and Service are subject to change at any time without notice, at the sole discretion of Author. Author does not warrant that the quality of any Artwork obtained by you will meet your personal expectations, as every Artwork is handmade, exists as a single unique piece and represents Author's personal view and expression.

SECTION 4 - CUSTODY POWERS AND PROCESS
By using Site and/or submitting a request to Author for Custody Powers you give your unconditional consent to the processing of your personal data in accordance with the Privacy Policy and Personal Data Processing available at www.talinamalina.art/policy.
To obtain Custody Powers for an Artwork you need to send a query via the REQUEST form, which is considered an intention to enter into a Custody Agreement. If Author confirms the possibility of granting Custody Powers for the specified Artwork, the parties agree on details of handing over the Artwork in the Order-Invoice, which forms an integral part of the Agreement upon full payment, which constitutes full and unconditional acceptance of the Agreement.
Custody Powers are granted to Custodian upon full payment of Order-Invoice and are confirmed by a Certificate of Authenticity issued to the named Custodian. The risk of accidental loss or damage passes from Author to Custodian at the moment when Artwork is handed over personally or to an agreed delivery service in accordance with the Order-Invoice terms.
The granting of Custody Powers means that Custodian acquires the right to hold, use, and store the single material object for personal, non-commercial purposes. Custodian obtains Custody Powers and may assign them, allow them to pass by inheritance, waive them at any time, or return the Artwork to Author under the Order-Invoice terms.
Author reserves all exclusive, proprietary and non-proprietary rights provided for by law, including the right to reproduce, publish, demonstrate, create derivative works, and use the images of Artworks and the texts of Art-stories in any form, on any media and for any purpose. Custodian is obliged to comply with Custody Agreement, ensure the safety of Artwork, follow the CARE RULES, not make any changes to the construction or artistic design of Artwork, notify Author of any assignment of Custody Powers, provide accurate and up‑to‑date information relevant to Custody History, return Artwork to Author upon termination of Custody Powers under the Order-Invoice terms.
Attention! After Artwork is handed over to Custodian, Author is not responsible for its integrity and safety, Custodian must ensure proper conditions for storage and care and follow the CARE RULES to protect Artwork from damage and premature destruction of the paint layer.

SECTION 5 - CERTIFICATE OF AUTHENTICITY AND CUSTODY HISTORY
Author assures that every Artwork offered on this Site exists as a single unique item and has no identical copies. A Certificate of Authenticity signed by Author is included with each Artwork and contains Artwork specifications and information about the first Custodian. You agree to provide current, complete and accurate information for all dealings with Author. You also agree to promptly update your information relating to Custody Agreement, including the transfer of an Artwork to another Custodian. Updated information about the new Custodian should be added to Custody History in the Certificate of Authenticity and a copy of the updated Certificate should be sent to Author at art@talinamalina.art together with the contact details of the new Custodian and their consent to and acceptance of the Custody Agreement.
IMPORTANT NOTICE! If Custody History is not updated, it becomes technically impossible to verify the authenticity of the Artwork!
You and Author agree that any personal data obtained by the parties while using Site or Custody Powers is confidential and shall not be disclosed unless otherwise required by law. Attention! Extra digital layers of Artworks and Certificates, including NFC tags and other forms of enhanced interaction, are part of the artistic concept but not a separate digital product.

SECTION 6 - INTELLECTUAL PROPERTY RIGHTS AND PROHIBITED USES
This Site, Content, Artworks and Art-stories created by Author are protected by copyright and applicable intellectual property laws. No provision of these Terms or Agreement shall be construed as transferring any copyright or any rights to the brand name, trademarks, Author's personal brand, domain names and other distinctive elements of Author, including the name and pseudonym (ISNI 0000 0005 2756 4882, ISNI 0000 0005 2756 4890), trademark «Talina Malina Talina Malinovska^®» and any other elements of Author's creativity and concepts.
In addition to other prohibitions as set forth in these Terms, you are prohibited from using Artworks, Art-stories, Site and Content: for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any international, federal or state regulations, rules, laws, or local ordinances, to infringe upon or violate intellectual property rights of Author or others, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate, to submit false or misleading information, to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Service or of any related website, other websites, or the Internet, to collect or track the personal information of others, to spam or phish, for any obscene or immoral purpose, or to interfere with or circumvent the security features of Service or any related website, other websites, or the Internet. Author reserves the right to terminate your use of Service for violating any of the prohibited uses.

SECTION 7 - DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
Author does not guarantee that your use of Site and Service will be uninterrupted, timely, secure, accurate or reliable. You agree that Author may suspend the operation of Site and Service at any time without notice. Author reserves the right to refuse Service and Custody Powers to anyone without giving any reason at any time before signing the Order-Invoice.
Artworks and other elements of Service are provided 'as is' and 'as available' for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Author be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, strict liability or otherwise, arising from your use of Service or Artworks obtained through Service, or for any other claim related in any way to your use of Service or any Artwork.
You agree to indemnify, defend, and hold harmless Author from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 8 - SEVERABILITY AND TERMINATION
If any provision of Terms or Agreement is unlawful, void or unenforceable, it shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed without affecting the validity or enforceability of the remaining provisions.
The obligations and liabilities of the parties incurred prior to termination shall survive termination for all purposes. These Terms and Agreement are effective unless and until terminated by the parties. You may terminate these Terms at any time by ceasing to use the Site and Service, however this does not terminate any previously concluded Custody Agreement.

SECTION 9 - GOVERNING LAW
Terms, Agreement and any separate agreements with Author shall be governed by and construed in accordance with the legislation of Author's registration state.

SECTION 10 - TERMS OF SERVICE MODIFICATION
You can review the most current version of these Terms at any time on this page. Author reserves the right to update, change or replace any part of these Terms by posting updates and/or changes to Site. Your continued use of or access to Site following the posting of any changes constitutes acceptance of those changes.

Publication date: March 30, 2026.

IMPORTANT LINKS:
Terms of Service and Custody Agreement
Privacy Policy and Data Processing
Request form to order Artworks
Rules of care and storage for Artworks