merscreations.art – LEGAL DOCUMENTS

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Terms of Use

Last updated: 13 September 2026
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Welcome to merscreations.art (“the Website”), the online portfolio of B.B. Gabryelska, operating under the brand Mer’s Creations (“we”, “us”, “our”). By accessing or using this Website, you agree to these Terms of Use. If you do not agree, please do not use the Website.

§ 1. Definitions

Website — the internet service available at the domain https://merscreations.art, together with all its subpages and functionalities.
Owner — B.B. Gabryelska / Mer’s Creations, operating the Website.
User — any natural person using the Website in any way, including browsing content.
Cooperating entity — an artistic institution, gallery, museum, publisher, curator, agent, researcher, cultural organisation, academic institution, fellow artist, or any other professional body or individual that has submitted a cooperation offer with a clear description of the topic to cooperate on, exclusively via the email address kontakt@merscreations.art, and has received a written response from the Author confirming engagement in a formal cooperation, collaboration, commission, exhibition, publication, joint artistic project, or other professional relationship.
Content — all texts, photographs, graphics, video materials, artworks, designs, and other materials published on the Website, including content displayed on the User’s device screen.
Artistic oeuvre — the complete body of creative work produced by the Author, including but not limited to photography, design, painting, illustration, digital art, and all other forms of artistic expression presented on the Website.
Visual design — the entirety of the Website’s visual elements, including page layout, colour scheme, typography, composition, logos, backgrounds, graphics, and all other design elements that make up the appearance and aesthetics of the Website.
Author — the creator of the Content published on the Website (B.B. Gabryelska / Mer’s Creations).
Polish heritage (dziedzictwo polskie) — the cultural, spiritual, artistic, historical, and national inheritance of the Polish nation, encompassing but not limited to: the centuries-old traditions of Polish art, culture, and craftsmanship; the spiritual and religious heritage rooted in the Christian faith and the relationship with God; the historical legacy of Polish Kings and Queens, royal dynasties, castles, fortresses, and court culture; the chivalric traditions of Polish knights and their code of honour, courage, and service; the deep connection between the Polish people and nature, the land, forests, rivers, and mountains of Poland; the intellectual and artistic achievements of Polish creators across all eras; the Polish language, folklore, customs, and national symbols; the collective memory of the Polish nation’s struggles, resilience, and triumphs throughout history; and all other tangible and intangible elements that form the cultural DNA and spiritual identity of the Polish people. This heritage is distinct from and must not be confused with current political structures, contemporary royal establishments in Europe or globally, or any present-day political situation, regime, or governance framework. Polish heritage is a matter of cultural identity, personal dignity, artistic lineage, and national belonging — not of current politics.
Identity — the set of characteristics, data, attributes, life circumstances, actions, creative output, history, image, and all other elements that individualise and distinguish the Author or Owner from other persons, including but not limited to her Polish heritage (dziedzictwo polskie), which forms an inseparable part of her identity, personal dignity, and cultural belonging.
Habits — characteristic, recurring behavioural traits, ways of being, customs, mannerisms, styles of expression, forms of expression, and other recognisable elements of the Author’s or Owner’s personality.
Education — qualifications, titles, certificates, academic, professional or creative achievements, and any other attestations of the Author’s or Owner’s knowledge, skills, and experience.
Techniques, methods, and collected knowledge — research and creative techniques, methodologies, working methods, ways of organising and presenting content, as well as collected, developed, and accumulated knowledge, experience, and know-how used by the Author and Owner in creating and operating the Website.
Mental domain — the inner cognitive, intellectual, and creative sphere of the Author, encompassing her thinking processes, cognitive patterns, creative methodology, workflow structures, research approaches, discoveries, insights, mental models, problem-solving techniques, decision-making frameworks, and all other intangible elements of her intellectual and creative inner world that inform and produce her artistic oeuvre.
Mental interference — any deliberate, systematic, or targeted attempt to intrude upon, tap into, align with, synchronise with, mirror, replicate, extract, appropriate, manipulate, or otherwise engage with the Author’s mental domain without her explicit, prior, written consent. This includes, but is not limited to: using the Content as a gateway or tool to reverse-engineer the Author’s thinking processes; attempting to synchronise one’s own mental or cognitive processes with the Author’s in order to derive, claim, or benefit from her methodology; monitoring, studying, or recording patterns in the Author’s work for the purpose of replicating her cognitive or creative framework; and any other form of unauthorised access to or appropriation of the Author’s mental domain.
Force majeure — an external event, impossible to foresee or prevent, beyond the control of the Author and Owner, in particular: wars, terrorist attacks, natural disasters, pandemics, acts of public authority, mass failures of telecommunications and energy networks, cyberattacks on internet infrastructure, acts of vandalism against technical infrastructure, and any other events of a similar nature.
Service providers — all third parties involved in the chain of delivering the Website to the User, including: hosting providers, domain service providers, cloud service providers, internet connection providers, telecommunications network operators, browser manufacturers, electronic device manufacturers, operating system manufacturers, plugin and extension providers, email service providers, and all other entities participating in the transmission, processing, or display of data.
Organised action — any coordinated, planned, agreed-upon, or jointly conducted activity of two or more persons, as well as activity of a single person carried out according to a pre-prepared plan, strategy, or scheme, aimed at exerting influence on the Website, its Author, or Owner.
Conflict — a state of being in dispute, conflict of interest, hostility, or lasting interpersonal dispute between the User and the Author or Owner, in particular arising in connection with violations of security rules, disturbance of peace, or violation of principles of good coexistence.
Globally accepted rules of using devices and the internet — the universally recognised standards of ethical, safe, secure, and lawful use of the internet and electronic devices used to access and display online content, including in particular: netiquette rules, digital security and cybersecurity standards, telecommunications regulations, data protection standards, device manufacturer instructions and terms of use, operating system guidelines, browser security standards, and all other generally accepted norms of responsible digital conduct expected of any person accessing the internet anywhere in the world.
Local law — all laws, regulations, and legal obligations applicable in the jurisdiction where the User resides or from which the User accesses the Website, including but not limited to: criminal law, civil law, data protection law, consumer protection law, telecommunications law, intellectual property law, cybercrime legislation, and any other legal rules that govern the User’s conduct online and offline. Users are required to know and comply with the laws of their own country or region in addition to the laws governing this Website.
GDPR — Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

§2. General Provisions

1. These Terms of Use set out the rules for using the Website, operated by B.B. Gabryelska / Mer’s Creations.
2. Use of the Website implies acceptance of these Terms of Use. Each User is required to read the Terms before using the Website.
3. Purpose of the Website — Permitted Uses.
The Website is strictly and exclusively a closed presentation of the Author’s artistic oeuvre. It serves as
a digital portfolio and gallery for the display of creative works.
The following uses of the Website are permitted:
(a) For all Users: passively receiving information about the Author’s artistic oeuvre by viewing the Content displayed on the screen. This is the primary and general authorised use of the domain merscreations.art.
(b) For Cooperating entities: in addition to (a), using the Website to view, study, and gather information and data about the Author’s artistic oeuvre for the purpose of preparing and supporting a formal cooperation that has been established through the exclusive lawful procedure described in §3. This includes, for fellow artists, reviewing the body of work to explore artistic compatibility, plan joint projects, or prepare collaboration proposals — provided cooperation has been initiated through the lawful procedure. This permission does not extend to copying, reproducing, or distributing Content without the Author’s prior written consent, which must be obtained separately. Any and all other uses of the Website or its domain are expressly prohibited.
The Website is not a blog, forum, social network, community platform, discussion space, or interactive service of any kind. It does not offer direct sales, user accounts, comment sections, contact forms, newsletter subscriptions, or any other interactive features.
4. The Website is not financed by any company, government institution, or non-governmental organisation. The Website’s activity may be supported through external platforms such as Patreon (wedrowisko.pl).
5. Use of the Website is based on the principle of good faith, good will, and good conduct. Users are expected to use the Website with goodwill, with good intentions, and in a manner consistent with globally accepted standards of respectful and responsible behaviour online. Any actions taken in bad faith, with the intention of harming the Website, its Author, Owner, Content, or other Users, or in a manner inconsistent with globally accepted rules of using devices and the internet, constitute a violation of these Terms and carry the consequences described in §12.
6. Users must comply with local law. By accessing this Website, each User confirms and agrees that they are responsible for knowing and complying with all laws, regulations, and legal obligations applicable in the jurisdiction where they reside or from which they access the Website (local law). The Website is governed by European Union law, Polish law, and Dutch law as set out in §16, but this does not relieve the User of their own local legal responsibilities. A User whose local law prohibits or restricts any aspect of using this Website is required to cease using it immediately. The Author and Owner are not responsible for any violation of local law committed by a User in connection with their use of the Website.
7. The minimum age of a Website User is 14 years. Persons under 14 may use the Website only with the consent and under the supervision of a legal guardian. Where the User’s local law sets a higher minimum age for internet services, that higher age applies.

§3. Exclusive Procedure for Initiating Cooperation

This section establishes the sole and exclusive lawful method by which any person or entity may initiate cooperation with the Author. Any deviation from this procedure is a violation of these Terms and of the Author’s rights, and will be treated as such.

1. The one and only lawful way to initiate cooperation with the Author is as follows:
(a) The interested party must send a written cooperation offer exclusively to the email address:
kontakt@merscreations.art
(b) The cooperation offer must include a clear and specific description of the topic, subject matter, or area of proposed cooperation. Vague, general, or non-specific communications do not constitute a valid cooperation offer.
(c) The Author, at her sole and absolute discretion, may choose to respond to the offer. Only a written response from the Author confirming engagement in cooperation establishes the beginning of a formal cooperative relationship.
(d) No cooperation relationship exists until and unless the Author has provided explicit written confirmation.
2. Any and all other attempts to initiate, establish, or pursue cooperation with the Author are prohibited and constitute a violation of these Terms and of the Author’s rights. Prohibited methods include, but are not limited to:
Attempting to contact the Author through any channel other than kontakt@merscreations.art — including social media, personal email addresses, telephone, postal mail, third-party intermediaries, or in-person approaches
Attempting to initiate cooperation through the Website itself — there is no contact form, no comment function, and no interactive feature for this purpose; the Website is a closed presentation only Sending cooperation offers that lack a clear and specific description of the topic — non-specific, fishing, or exploratory communications are not valid offers
Attempting to establish cooperation through any form of indirect communication, third-party referral, public posting, or any other method not described in §3.1
Any attempt to bypass, circumvent, or disregard the exclusive procedure set out in this section
3. Legal status of unauthorised cooperation attempts. Any attempt to initiate cooperation that does not follow the procedure in §3.1 is unlawful, constitutes a violation of the Author’s rights, and will be treated as a breach of these Terms. Such attempts may also constitute:
A violation of the Author’s personal rights (dobra osobiste) under the Polish Civil Code (Art. 23 and 24 Kodeksu cywilnego)
A violation of the Author’s privacy and decision-making autonomy under the Dutch Civil Code (Burgerlijk Wetboek)
Harassment, stalking, or other offences under the Polish Criminal Code, the Dutch Criminal Code, or the criminal law of the User’s own jurisdiction (local law), depending on the nature and persistence of the attempt
A violation of data protection law if personal data of the Author is obtained or used in the process
4. For clarity: the Website is a closed presentation of artistic oeuvre. The mere fact that the Author’s work is publicly displayed does not constitute an invitation, offer, or openness to cooperation through any means other than the exclusive procedure described in this section. Any person or entity wishing to cooperate with the Author must use the email channel exclusively and must present a clear topic. There is no other way.

§4. Intellectual Property Rights

1. All Content published on the Website — including texts, photographs, graphics, trademarks, designations, and elements of the visual design — constitutes the intellectual property of the Owner and is protected under:
The Polish Act on Copyright and Related Rights (Ustawa z dnia 4 lutego 1994 r. o prawie autorskim i
prawach pokrewnych)
The Polish Industrial Property Law (Ustawa z dnia 30 czerwca 2000 r. — Prawo wlasnosci przemyslowej)
The Dutch Copyright Act (Auteurswet)
 The Benelux Convention on Intellectual Property (trademarks and designs)
EU Directive 2019/790 (Directive on Copyright in the Digital Single Market)
Applicable international copyright treaties, including the Berne Convention
The intellectual property laws of the User’s local jurisdiction (local law), to the extent they apply
2. You may NOT:
Copy, print, reproduce, distribute, or disseminate any Content without prior written consent, except sharing links to the Website via dedicated social sharing buttons
Translate Content into other languages outside the Website without the Owner’s consent
Use any artwork or images for commercial purposes, derivative works, AI training, or NFTs Remove or alter any copyright notices, watermarks, or attribution
Frame, mirror, or scrape the Website or its content
Sell, license, or sublicense any content from this Website
3. Techniques, methods, and collected knowledge are protected by copyright and intellectual property rights under the laws referenced in §4.1. Copying, reproducing, taking over, imitating, using, disseminating, or making available the Author’s and Owner’s techniques, methods, and collected knowledge without prior, explicit, written consent is prohibited. A violation constitutes copyright and intellectual property infringement and may also constitute an act of unfair competition.
4. You MAY:
View the Website for personal, non-commercial purposes — for the purpose of receiving information about the Author’s artistic oeuvre
If you are a Cooperating entity — having followed the exclusive procedure in §3 and received the Author’s written confirmation — use the Website additionally to prepare data and information necessary for cooperation with the Author, subject to obtaining separate written consent for any copying, reproduction, or distribution of Content
Share links to the Website on social media or other platforms (with proper attribution) Contact us to request permission for any use beyond the above

§5. Right to Modify Content and Legal Documents

The Author reserves the full and unrestricted right to change, modify, update, add to, remove, or replace any and all data, information, and Content on the Website at any time, without prior notice, and at her sole discretion. This includes, but is not limited to:

Adding, modifying, or removing artworks, photographs, texts, graphics, and any other Content
Changing the structure, layout, or visual design of the Website
Adding, removing, or modifying any pages, subpages, or functionalities
Changing, updating, or amending any part of these Terms of Use, the Privacy Policy, the Disclaimer, the Cookie Policy, or any other legal document published on the Website, in whole or in part, at any time and without prior notice
Users are responsible for periodically reviewing these documents to stay informed of any changes. Continued use of the Website after changes to any legal document constitutes acceptance of those changes. The “Last updated” date at the top of each document indicates when it was last revised.
The Author also reserves the right to suspend, withdraw, or discontinue the Website or any part of it at any time without notice.

§6. The Author’s Polish Heritage (Dziedzictwo Polskie)

This section is fundamental. The Author is of Polish nationality and her identity is inseparably connected to the long history, cultural inheritance, and spiritual legacy of the Polish nation. This heritage is to be respected absolutely and must not be confused with current political or royal establishments.

1. Statement of heritage. The Author is Polish by nationality, origin, and cultural belonging. Her identity, personal dignity, and creative work are deeply rooted in the centuries-old inheritance of the Polish nation — dziedzictwo polskie. This heritage is not a symbolic or decorative element; it is an integral, inseparable, and living part of who the Author is, how she creates, and the artistic oeuvre she presents on this Website.
2. What Polish heritage encompasses. The Polish heritage (dziedzictwo polskie) to which the Author belongs and from which she draws identity and creative inspiration includes, but is not limited to:
(a) Art and culture — the rich tradition of Polish visual arts, music, literature, theatre, architecture, folk art, craftsmanship, and all other forms of creative expression developed over centuries by the Polish people
(b) Spirituality and faith — the spiritual inheritance of the Polish nation rooted in the Christian faith, the relationship with God, the traditions of the Catholic Church in Poland, religious art, sacred architecture, and the deep spiritual dimension of Polish culture
(c) Kings and Queens — the historical legacy of Polish monarchs, royal dynasties (including the Piast, Jagiellonian, and elective monarchy periods), the Crown of the Kingdom of Poland, and the court culture and patronage that shaped Polish artistic and intellectual life
(d) Castles and fortresses — the architectural heritage of Polish castles, fortresses, palaces, strongholds, and defensive structures that stand as monuments to the nation’s history, resilience, and craftsmanship
(e) Knights and chivalric tradition — the code of honour, courage, service, and valour of Polish knights (rycerstwo), including the Winged Hussars and other formations whose legacy informs Polish concepts of dignity, loyalty, and sacrifice
(f) Nature and the land — the deep, ancestral connection between the Polish people and the natural landscape of Poland: its forests, rivers, lakes, mountains (Tatry, Bieszczady, Sudety), plains, and the Baltic coast — a relationship of stewardship, reverence, and belonging that has shaped Polish identity for millennia
(g) Intellectual and scientific achievement — the contributions of Polish scholars, scientists, philosophers, and thinkers to European and global knowledge
(h) Language, customs, and national symbols — the Polish language, folklore, traditional customs, national symbols (the White Eagle, the flag, the anthem), and the collective memory of the nation’s historical journey
(i) Resilience and survival — the heritage of endurance through partitions, occupations, uprisings, and adversity, and the unbroken continuity of the Polish nation despite attempts to erase it from the map of Europe
3. Distinction from current politics and contemporary royal establishments. Users are expressly asked and required not to confuse, conflate, or misrepresent the Author’s Polish heritage (dziedzictwo polskie) with:
Current political structures, governments, regimes, parties, or political figures in Poland, Europe, or globally
Contemporary royal families, monarchies, or royal establishments currently existing or operating in Europe or elsewhere in the world
Any present-day political situation, dispute, controversy, or agenda
Any attempt to instrumentalise Polish heritage for political, ideological, or partisan purposes
Polish heritage, as invoked here, is a matter of cultural identity, personal dignity, artistic lineage, and national belonging — not a political statement, affiliation, or endorsement. It concerns the historical and spiritual roots of a nation, preserved through art, faith, tradition, and memory across centuries. The Author’s connection to this heritage is personal, artistic, and cultural; it must not be politicised, misrepresented, or used to attribute to the Author any position on current affairs.
4. Polish heritage and the Author’s identity. The Author’s Polish heritage forms part of her identity as defined in §1. It is protected as a personal right (dobro osobiste) under the Polish Civil Code (Art. 23 and 24 Kodeksu cywilnego). Any action that:
Denies, diminishes, ridicules, or disrespects the Author’s Polish heritage
Attempts to separate the Author from her Polish heritage or to redefine her identity in a way that erases or alters this connection
Misrepresents the Author’s Polish heritage as a political or royal affiliation
Appropriates, exploits, or instrumentalises the Author’s Polish heritage for purposes other than those the Author herself expresses through her art and person
constitutes a violation of the Author’s personal rights and will be treated as such under these Terms and the applicable law.
5. Polish heritage belongs to the Polish nation. The cultural, spiritual, and historical elements that constitute Polish heritage — including the traditions of art, faith, monarchy, chivalry, and connection to nature — belong to the Polish nation collectively. They are used by the Author to build her identity, personal dignity, and creative expression as a member of that nation. No User, regardless of nationality, status, or purpose, is authorised to appropriate, exploit, or claim these elements as their own, or to attempt to separate them from their Polish national context. Polish heritage is the inheritance of the Polish people; it cannot be taken, repurposed, or detached from its source.
6. This section does not prohibit:
Genuine artistic, academic, or cultural engagement with Polish heritage conducted with respect, accuracy, and acknowledgement of its source
Normal appreciation of Polish art, culture, and history by persons of any nationality
Cooperation with the Author on matters related to Polish heritage, provided such cooperation is established through the exclusive procedure described in §3

§7. Protection of the Author’s Mental Domain

This section is fundamental. The Author’s mental domain is inviolable. Violations are illegal, are not tolerated in any degree, and will be subject to criminal investigation.

1. The Author’s mental domain — her thinking processes, cognitive patterns, creative methodology, workflow structures, research approaches, discoveries, insights, mental models, decision-making frameworks, and all intangible elements of her intellectual and creative inner world — is the source from which her artistic oeuvre originates. The Content displayed on the Website is the outward expression of this mental domain. The mental domain itself remains the exclusive, private, and protected territory of the Author.
2. Mental interference is strictly and absolutely prohibited. Any of the following actions, whether attempted individually or in coordination with others, whether conducted online or offline, and regardless of the method or technology employed, constitute mental interference and are illegal:
Using the Content, artwork, or any information presented on the Website as a tool, gateway, or
pretext to access, analyse, map, reverse-engineer, or reconstruct the Author’s thinking processes, cognitive patterns, or creative methodology
Attempting to synchronise one’s own mental, cognitive, or creative processes with those of the Author for the purpose of deriving, claiming, replicating, benefiting from, or assigning to oneself any part of the Author’s mental domain
Monitoring, studying, tracking, recording, or systematically observing the Author’s work, patterns of publication, creative evolution, or workflow for the purpose of replicating or appropriating her cognitive or creative framework
Attempting to assign to oneself the Author’s thinking processes, methodology, discoveries, workflow, life habits, or any other element of her mental domain
Using any form of psychological, technological, or other means to interfere with, manipulate, extract from, or align with the Author’s mental domain
Any other deliberate, systematic, or targeted attempt to intrude upon, appropriate, or interfere with the Author’s mental domain without her explicit, prior, written consent — which can only be given through the exclusive cooperation procedure described in §3
3. This prohibition applies universally. It applies to all Users, regardless of their status, profession, or purpose. It applies with full force to fellow artists, researchers, competitors, and any other person or organisation. No professional, artistic, academic, or other interest justifies mental interference. The fact that Content is publicly displayed does not constitute consent to any form of mental interference. The exclusive lawful means of engaging with the Author is through the cooperation procedure in §3; any mental engagement beyond passive viewing without following that procedure is unlawful.
4. Monitoring and enforcement. The Author and Owner actively monitor for signs of mental interference. All evidence of mental interference — including digital footprints, behavioural patterns, communication records, access logs, and any other relevant data — will be recorded, preserved, and compiled.
5. Criminal referral. Any detected or suspected mental interference will be reported to the competent criminal investigation authorities (Police, Public Prosecutor, or relevant law enforcement agency in the applicable jurisdiction) without delay, together with all preserved evidence. Mental interference may constitute criminal offences under the applicable criminal law, including but not limited to stalking, harassment, violation of personal rights, intellectual property offences, and cybercrime offences under Polish, Dutch, European Union law, and the criminal law of the User’s own jurisdiction (local law).
6. This section does not prohibit:
Normal, passive viewing of the Website for the purpose of receiving information about the Author’s artistic oeuvre, as described in §2.3(a)
Genuine professional cooperation with the Author established through the exclusive lawful procedure described in §3
Normal artistic appreciation, inspiration in the broadest sense, or emotional response to the artwork — provided these do not cross into systematic extraction, replication, or appropriation of the Author’s mental domain as defined in this section

§8. Protection of Identity and Privacy

This section is fundamental. Violations are not tolerated in any degree and are subject to no exceptions.

1. The protection of the privacy, identity, habits, education, Polish heritage, and decision-making autonomy of the Author and Owner constitutes a fundamental principle of the Website’s operation. These are protected as personal rights (dobra osobiste) under the Polish Civil Code (Art. 23 and 24 of the Kodeks cywilny), under the Dutch Civil Code (Burgerlijk Wetboek), and under applicable European law. The closed, non-interactive nature of the Website — serving strictly as a presentation of artistic oeuvre — reinforces this principle: the Author is present through the work, not through personal engagement, and the boundary between the work and the person behind it must be respected absolutely. The protections of this section operate alongside and in addition to the protections of the Author’s mental domain set out in §7, the Polish heritage set out in §6, and the exclusive cooperation procedure set out in §3.
2. Users are strictly required to respect the privacy, identity, Polish heritage, and decision-making autonomy of the Author and Owner. Any violation is prohibited without exception. This obligation applies equally to Cooperating entities, including fellow artists; professional or artistic interest does not override the Author’s right to privacy, identity, and heritage protection.
3. Users are required to respect the habits, education, Polish heritage, and techniques, methods, and collected knowledge of the Author and Owner.
4. Users are absolutely prohibited from:
Searching for, collecting, disclosing, or disseminating any personal data of the Author or Owner
Attempting to identify the Author or Owner beyond what is voluntarily disclosed on the Website Using the Website as a pretext or gateway to investigate, research, or intrude upon the private life of the Author or Owner
Denying, diminishing, misrepresenting, or disrespecting the Author’s Polish heritage (dziedzictwo polskie) as protected in §6 Any actions that violate the privacy, identity, or heritage of the Author or Owner, including all actions described in §9 below
 

§9. Prohibition on Impersonation, Identity Appropriation, and
Unauthorised Co-Creation

1. Impersonating the brand, Website, or its representatives
Users are prohibited from:
Presenting themselves as a representative, spokesperson, employee, collaborator, volunteer, agent,
or any person acting on behalf of or for the benefit of the Website or the “Mer’s Creations” brand — unless the User holds a valid, mutually signed cooperation agreement with the Owner that explicitly authorises such representation, established through the exclusive procedure in §3
Creating false accounts, profiles, pages, channels, or other online presences (on social media, forums, blogs, platforms, or any other medium) that suggest or may suggest a connection with the Website or the “Mer’s Creations” brand
Using the name “Mer’s Creations”, logos, designations, visual design, or any other identifying elements of the Website in a way that may mislead third parties as to the origin, authorship, or association of content with the Website — unless authorised by a valid, mutually signed cooperation agreement with the Owner, established through the exclusive procedure in §3
2. “Playing” the Author or Owner of the Website
Users are absolutely prohibited from undertaking any actions involving pretending, acting out, simulating, or appropriating the role, identity, position, or function of the Author or Owner. The Website is a closed presentation of artistic oeuvre whose permitted uses are limited to those described in §2.3 and whose exclusive cooperation channel is described in §3 — it is not an invitation to engage with, inhabit, or appropriate the identity of the person behind the work. This prohibition applies with full force to fellow artists and other Cooperating entities: preparing for cooperation does not authorise any form of identity appropriation, imitation, or “playing” the Author. This prohibition includes in particular:
Counterfeiting the Author’s/Owner’s actions — copying, imitating, reproducing, or mimicking any actions, behaviours, statements, writing style, themes, forms of expression, creative decisions, social media activity, or other manifestations of the Author’s or Owner’s activity, in a way intended to or that may result in misleading third parties as to the identity of the person acting
Counterfeiting the Author’s/Owner’s life — appropriating, copying, reproducing, or imitating any elements of biography, life history, experiences, events, personal circumstances, places of residence, relationships, autobiographical statements, or other elements constituting the life story and personal identity of the Author or Owner
Counterfeiting parts of the Author’s/Owner’s life — appropriating, copying, or reproducing individual fragments, episodes, events, experiences, anecdotes, memories, or other isolated elements of the Author’s or Owner’s life
Acquiring an alternative identity based on or in connection with the Website — creating, constructing, adopting, or developing an alternative identity, pseudonym, persona, alter ego, or fictional character modelled on, inspired by, or derived from the identity of the Author or Owner, or from the Website’s Content, in a way that enables the User to function in reality (online or offline) as someone other than themselves, with particular emphasis on identities built on elements taken from the Website.
Identifying with the Website as its creator — publicly or privately presenting oneself, declaring, suggesting, or creating the impression that the User is the creator, founder, originator, author of the concept, spiritual leader, mentor, or any person behind the Website. All forms of identifying with the Website in a creative, founding, or ownership role are prohibited regardless of context, medium, and the User’s intention. The Website presents one artistic oeuvre by one Author — it does not invite or authorise claims of co-authorship, co-creation, or shared ownership. Legitimate Cooperating entities, including fellow artists, act as professional partners established through the exclusive procedure in §3, not as creators or co-authors
Planning the development of the Website or the Artist without a signed cooperation agreement — creating, announcing, disseminating, suggesting, or presenting — publicly or privately — any plans, strategies, concepts, visions, schedules, directions of development, new functionalities, new subpages, changes to the Website, brand expansion, new projects, events, publications, or any other actions concerning the future of the Website, unless the User holds a valid, mutually signed cooperation agreement with the Owner that explicitly authorises them to undertake such actions, established through the exclusive procedure in §3
Planning further events related to the Website without a signed cooperation agreement — organising, announcing, planning, coordinating, initiating, or publicising any events, meetings, gatherings, workshops, sessions, ceremonies, rituals, actions, campaigns, fundraisers, or other events that are or may be associated with the Website, its brand, Content, or community, unless the User holds a valid, mutually signed cooperation agreement with the Owner, established through the exclusive procedure in §3
Imitating habits, counterfeiting education, or modelling oneself in any other way to resemble the Author or Owner — Users are prohibited from imitating or copying the Author’s or Owner’s habits, customs, ways of being, behaviours, mannerisms, style of expression, forms of expression, or other recurring personality traits; counterfeiting, falsifying, or attributing to themselves the Author’s or Owner’s education, qualifications, titles, certificates, academic, professional, or creative achievements; modelling themselves on the Author or Owner in any other way for the purpose of resembling them to other people, creating similarity, or creating an impression in third parties that the User is that person or is associated with them. Fellow artists in particular are reminded that artistic admiration or influence does not justify imitation of identity, habits, or personal attributes
Appropriating or misrepresenting the Author’s Polish heritage — appropriating, exploiting, claiming, or misrepresenting any element of the Author’s Polish heritage (dziedzictwo polskie) as defined in §6, including but not limited to: claiming or implying Polish nationality or heritage when one does not possess it; using elements of Polish heritage taken from the Author’s work or identity to construct an alternative identity; politically instrumentalising the Author’s connection to Polish heritage; or conflating the Author’s Polish heritage with current political or royal establishments in a way that misrepresents her identity
3. None of the actions described in §9.2 above are permitted without prior, explicit, written, and mutually signed cooperation agreement with the Owner, established through the exclusive procedure in §3. The mere fact of being a visitor, regular User, fellow artist, or Cooperating entity of the Website does not entitle anyone to undertake any of the above actions. Any attempts to undertake these actions without an agreement constitute a gross violation of these Terms and of the personal rights of the Author and Owner. The nature of the Website — whose permitted uses are limited to those described in §2.3 and whose exclusive cooperation channel is described in §3 — means there is no legitimate basis for any User or Cooperating entity to claim a relationship, partnership, shared creative endeavour, or shared heritage with the Author beyond what is expressly agreed in writing.

§10. Prohibited Actions

10.1 Unauthorised Use of the Domain

The domain merscreations.art exists for the purposes described in §2.3 only. Permitted uses are: (a) for all Users, passively receiving information about the Author’s artistic oeuvre by viewing Content; and (b) for Cooperating entities who have followed the exclusive procedure in §3, additionally using the Website to prepare data and information for cooperation with the Author. Any and all other uses of the Website or its domain are prohibited. Prohibited uses include, but are not limited to:
Using the Website or its domain as a platform for any activity beyond the permitted uses described in
§2.3
Using the Website or domain name in connection with any other purpose, project, service, product, or venture
Referencing, citing, or invoking the Website or domain as authority, endorsement, affiliation, or support for any external purpose, cause, or agenda — unless authorised by a valid cooperation agreement established through the exclusive procedure in §3
Using the Website as a source or pretext to derive, extract, or repurpose information for any purpose beyond the permitted uses
Treating the domain or Website as a resource, tool, or infrastructure for any purpose beyond the permitted uses
Using the Website under the guise of being a Cooperating entity or fellow artist when the exclusive cooperation procedure in §3 has not been followed or when no genuine, verifiable professional or artistic relationship with the Author exists

10.2 Prohibition on Unauthorised Cooperation Attempts

Any attempt to initiate, establish, or pursue cooperation with the Author that does not follow the exclusive procedure described in §3 is prohibited and constitutes a violation of these Terms and of the Author’s rights. This includes, but is not limited to:

Attempting to contact the Author for cooperation purposes through any channel other than kontakt@merscreations.art
Attempting to use the Website itself as a channel for initiating cooperation
Sending cooperation offers without a clear and specific description of the topic
Any form of indirect, third-party, or backchannel approach to establish cooperation Any attempt to bypass, circumvent, or disregard the exclusive procedure in §3
Such attempts are treated as violations and may be subject to monitoring, recording, and referral to the appropriate authorities alongside the consequences described in §12.

10.3 Prohibition on Organised Manipulation Campaigns

Users are absolutely prohibited — alone or in cooperation with others — from organising, planning, coordinating, initiating, conducting, or participating in any organised actions aimed at:
Hidden, manipulative influence on the Website — exerting influence on the functioning of the Website in a covert, deceptive, camouflaged, or hard-to-detect manner
Forcing changes to the Website — exerting pressure, coercion, or using any other forms of influence — psychological, social, economic, organisational, or otherwise — to bring about changes to the Website against the will of the Owner or Author. The Website is a closed presentation of artistic oeuvre as determined solely by the Author; no external party has standing to demand or force changes to its content, presentation, or direction. No User has any right to influence what information is presented or how
Manipulating decisions made by the Author or Owner — undertaking organised activities aimed at influencing their decision-making process, disrupting their freedom to make decisions, or deceptively leading them to make decisions they would not make under manipulation-free conditions
This prohibition does not cover individual, honest, open, and non-organised expressions of opinion sent through the lawful contact channel, nor normal, individual decisions to change the form of using the Website.

§11. User’s Obligations

Users are asked — and required — to use the Website with respect to globally accepted rules of using devices and the internet, with respect to universally recognised standards of digital conduct, and with good will, good faith, and good conduct at all times.

In particular, Users are required to:

Use the Website in accordance with European law, Polish law, Dutch law, principles of social
coexistence, globally accepted rules of using devices and the internet, universally recognised standards of ethical and secure digital conduct, and the provisions of these Terms
Comply with local law — Users must know and comply with all laws, regulations, and legal obligations applicable in the jurisdiction where they reside or from which they access the Website. Ignorance of local law is not an excuse for violations
Respect the intellectual property rights of the Owner and third parties as protected under European, Polish, and Dutch law
Respect the cultures, races, beliefs, and symbolism from which the Content presented on the Website originates
Respect the Author’s Polish heritage (dziedzictwo polskie) as defined and protected in §6 — do not confuse it with current political or royal establishments, do not politicise it, do not appropriate it, and acknowledge that it belongs to the Polish nation and forms an inseparable part of the Author’s identity and personal dignity
Not supply content of an unlawful, offensive, or rights-infringing nature
Observe globally accepted principles of internet use, including netiquette, cybersecurity standards, and responsible digital behaviour
Use devices to access the Website in accordance with manufacturer instructions, operating system guidelines, and accepted standards of device safety and security.
Follow the exclusive cooperation procedure described in §3 for any and all attempts to initiate cooperation with the Author — any deviation from this procedure is a violation of these Terms and of the Author’s rights
Absolutely respect the mental domain of the Author — violations constitute mental interference, are illegal, and will be reported to criminal investigators as described in §7
Absolutely respect the privacy, identity, heritage, and decision-making autonomy of the Author — violations are not tolerated in any degree
Respect the habits, education, and techniques, methods, and collected knowledge of the Author and Owner
Use the Website with good will, good faith, and good conduct — not with bad intentions, malice, or in a manner that would be considered irresponsible or harmful by globally accepted standards
Use the Website in a state of consciousness and full awareness — the User must be fully aware that they are accessing an internet service via an electronic device displaying data delivered through a chain of multiple Service Providers, over whose actions and decisions the Author and Owner have no control
Use the Website exclusively for the permitted uses described in §2.3 — for general Users, passively receiving information about the Author’s artistic oeuvre by viewing Content; for Cooperating entities who have followed the exclusive procedure in §3, additionally preparing data and information for cooperation with the Author
Recognise and accept that the Website is a closed presentation of artistic oeuvre — it is not a platform for dialogue, collaboration, co-creation, or community building, and visiting it does not establish any relationship, partnership, or mutual obligation between the User and the Author or Owner beyond what is expressly stated in these Terms or agreed in a signed cooperation agreement established through the exclusive procedure in §3
Not use the domain merscreations.art for any purpose other than the permitted uses — the domain is strictly tied to the presentation of the Author’s body of creative work and may not be used, referenced, or leveraged for any other purpose whatsoever

§12. Consequences of Violations

1. Any violation of these Terms — in particular violations of §2.6 (compliance with local law), §3 (Exclusive Procedure for Initiating Cooperation), §6 (The Author’s Polish Heritage), §7 (Protection of the Author’s Mental Domain), §8 (Protection of Identity and Privacy), §9 (Impersonation and Identity Appropriation, including appropriation of Polish heritage), §10 (Prohibited Actions, including unauthorised cooperation attempts), and §11 (User’s Obligations) — shall result in:
Immediate and indefinite blocking of the violator’s access to the Website to the extent technically
possible
Recording and preservation of all available evidence of the violation, including digital footprints, access logs, behavioural patterns, communication records, and any other relevant data
Reporting the violation to the competent criminal investigation authorities (Police, Public Prosecutor, or relevant law enforcement agency in the applicable jurisdiction or in the User’s local jurisdiction) without delay, together with all preserved evidence
Taking all legally available steps to protect the rights and interests of the Author and Owner
 2. Violations involving mental interference (§7), the Author’s Polish heritage (§6), unauthorised cooperation attempts (§10.2), or circumvention of the exclusive cooperation procedure (§3) are treated
with the utmost seriousness and will be referred to criminal investigators as a matter of priority.
3. Unauthorised cooperation attempts are specifically designated as violations of the Author’s personal
rights and legal interests. Violations of the Author’s Polish heritage (§6) are specifically designated as violations of the Author’s personal rights (dobra osobiste) and cultural identity. The Author reserves the right to pursue all available remedies, including criminal complaints and civil claims, in any competent jurisdiction — including the jurisdiction of the User’s residence under local law.
4. The Author and Owner reserve the right to pursue civil claims for damages resulting from violations of these Terms, including claims for infringement of personal rights, intellectual property rights, protection of the mental domain, violation of the exclusive cooperation procedure, and violation of Polish heritage protections, before the competent courts under the applicable law.

§13. Links to Third-Party Websites

The Website contains links to external platforms including but not limited to Saatchi Art, Flickr, 500px, Instagram, and Adobe Lightroom. These links are provided for convenience only.
We do not control, endorse, or assume responsibility for the content, privacy practices, or terms of any third-party website. When you leave merscreations.art, you are subject to that platform’s own terms and policies.

§14. Technical Requirements

For proper use of the Website, the following are necessary:
A device with internet access, used in accordance with the manufacturer’s instructions and globally
accepted standards of device safety and security
An up-to-date web browser supporting cookies and JavaScript, configured in accordance with accepted security standards
The Owner is not responsible for technical problems resulting from the User’s failure to observe globally accepted rules of using devices and the internet, or from improper hardware or software configuration

§15. Liability

1. The Author and Owner are not liable for:
Damages resulting from the use of Website Content in a manner inconsistent with the permitted
uses described in §2.3
The manner in which Users use the Content, where such use is inconsistent with these Terms Damages caused by viruses, malware, or other harmful components that may infect the User’s equipment, particularly where such infection results from the User’s failure to observe globally accepted standards of device and internet security. Problems resulting from the actions or omissions of Service Providers, force majeure, or technical limitations beyond the Owner’s control
The content, actions, or omissions of third-party websites linked from the Website
Any violation of local law by the User in connection with their use of the Website
2. The Website and its Content are provided “as is” and for the sole purpose of enabling the permitted uses described in §2.3. We make no warranties as to the accuracy, completeness, or reliability of any Content.
3. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under the applicable law.

§16. Governing Law and Jurisdiction

1. These Terms are governed by and interpreted in accordance with:
European Union law, including but not limited to the General Data Protection Regulation (GDPR), the ePrivacy Directive, the DSM Copyright Directive, and all other applicable EU regulations and directives Polish law, including but not limited to the Civil Code (Kodeks cywilny), the Act on Copyright and Related Rights, the Industrial Property Law, the Act on Combating Unfair Competition, and the Criminal Code (Kodeks karny)
Dutch law, including but not limited to the Dutch Civil Code (Burgerlijk Wetboek), the Dutch Copyright Act (Auteurswet), the Dutch GDPR Implementation Act (UAVG), and the Dutch Criminal Code (Wetboek van Strafrecht)
2. The above laws apply to the extent relevant to the matter at hand. In the event of any conflict between these legal frameworks, the hierarchy and primacy of European Union law shall be respected.
3. Users remain subject to their own local law. Compliance with these Terms does not relieve Users of their obligation to comply with all laws applicable in the jurisdiction where they reside or from which they access the Website.
4. Any disputes arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the competent courts of the Netherlands, without prejudice to the right of the Author and Owner to bring proceedings in the courts of Poland, the courts of the User’s place of residence or domicile, any other competent jurisdiction under the applicable law, or to refer matters to the competent criminal authorities.

§17. Contact

Exclusive cooperation and contact email: kontakt@merscreations.art
For questions about these Terms, to request permission for content use, or to submit a cooperation offer in accordance with §3:

Email: kontakt@merscreations.art
   

   

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Privacy Policy

Last updated: 13 September 2026
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This Privacy Policy explains how merscreations.art (“the Website”, “we”, “us”, “our”) processes personal data when you visit. We take your privacy seriously and comply with European Union law, including the General Data Protection Regulation (GDPR) , Polish data protection law, including the Polish GDPR Implementation Act (Ustawa z dnia 10 maja 2018 r. o ochronie danych osobowych), and Dutch data protection law, including the Dutch GDPR Implementation Act (UAVG).

1. Who We Are

Data Controller:
B.B. Gabryelska / Mer’s Creations Email: kontakt@merscreations.art Location: The Netherlands Nationality: Polish
The Author is of Polish nationality. Her identity, personal dignity, and creative work are deeply rooted in Polish heritage (dziedzictwo polskie) — the centuries-old cultural, spiritual, artistic, and historical inheritance of the Polish nation. For the full definition and protection of the Author’s Polish heritage, see §6 of the Terms of Use.
For privacy-related inquiries, or to submit a cooperation offer in accordance with §3 of the Terms of Use, contact us at the email above. This is the exclusive channel for all communications.

2. Purpose and Nature of the Website

Permitted Uses merscreations.art is strictly and exclusively a closed presentation of the Author’s artistic oeuvre. It is a digital portfolio and gallery. Permitted uses of the Website and its domain are:
(a) For all Users: passively receiving information about the Author’s artistic oeuvre by viewing Content.
(b) For Cooperating entities who have followed the exclusive cooperation procedure described in §3 of the Terms of Use (submission of a cooperation offer with a clear description of the topic exclusively to kontakt@merscreations.art, and receipt of the Author’s written confirmation): additionally, using the Website to view, study, and gather information and data about the Author’s artistic oeuvre for the purpose of preparing and supporting the established formal cooperation.
The Website does not operate a webshop, contact form, newsletter, user accounts, comment sections, or any other interactive features. Its sole function is the one-way transmission of information about creative works.
  
The domain merscreations.art exists for these purposes and these purposes alone. Any other use of the Website or domain is prohibited. Any attempt to initiate cooperation through any means other than the exclusive procedure is a violation of the Terms of Use and of the Author’s rights.
Users are asked to use the Website with respect to globally accepted rules of using devices and the internet, and with good will and good conduct. Users are also required to comply with the laws of their own local jurisdiction (local law) when accessing the Website. Users are specifically asked to respect the Author’s Polish heritage (dziedzictwo polskie) as defined in §6 of the Terms of Use, and not to confuse it with current political or royal establishments.
This limited purpose means that data processing on the Website is minimal by design. We collect only what is technically necessary to serve and secure the Website.

3. Right to Modify Content and Legal Documents

The Author reserves the full and unrestricted right to change, modify, update, add to, remove, or replace any and all data, information, and Content on the Website at any time, without prior notice, and at her sole discretion. This includes, but is not limited to:
Adding, modifying, or removing artworks, photographs, texts, graphics, and any other Content
Changing the structure, layout, or visual design of the Website
Adding, removing, or modifying any pages, subpages, or functionalities
Changing, updating, or amending any part of this Privacy Policy, the Terms of Use, the Disclaimer, the Cookie Policy, or any other legal document published on the Website, in whole or in part, at any time and without prior notice
Users are responsible for periodically reviewing these documents to stay informed of any changes. The “Last updated” date at the top of each document indicates when it was last revised.
The Author also reserves the right to suspend, withdraw, or discontinue the Website or any part of it at any time without notice.

4. What Data We Collect

4.1 Data Collected Automatically
When you visit the Website, our web server automatically logs:
Data —— Purpose —- Legals Basis
IP address (anonymized where possible) ——- Server security, troubleshooting, abuse prevention ——- Legitimate interest (Art. 6(1)(f) GDPR)
Date and time of visit ——- Server diagnostics ——- Legitimate interest
Browser type and version ——- Compatibility, display optimization ——- Legitimate interest
Referring URL (if any) ——- Understanding traffic sources ——- Understanding traffic sources
Pages visited ——- Server diagnostics ———Legitimate interest

This data is stored in server logs by our hosting provider and is not used to identify individual visitors. Logs are retained for a limited period (typically 30 days, depending on hosting configuration) and then automatically deleted.

Hosting location: Our Website is hosted on servers located in Lithuania (European Union). Data is stored and processed within the European Economic Area (EEA), ensuring compliance with GDPR data protection standards.

Important note on monitoring and enforcement: The Website actively monitors access patterns and behaviour for the purpose of detecting, recording, and preserving evidence of violations of these legal documents — including mental interference (§7 of the Terms of Use), violations of Polish heritage protections (§6 of the Terms of Use), unauthorised cooperation attempts (§10.2 of the Terms of Use), and circumvention of the exclusive cooperation procedure (§3 of the Terms of Use). Data collected for this purpose is processed on the legal basis of legitimate interest (Art. 6(1)(f) GDPR) — protection of the Author’s fundamental rights, prevention of crime, and enforcement of legal rights. Evidence of violations may be retained beyond standard log retention periods and may be transmitted to criminal investigation authorities.

4.2 Cookies and Plugins
The Website runs on WordPress and uses various plugins that are necessary for the Website to function correctly — including security, performance, and cookie consent management. These plugins may place cookies on your device as part of their normal operation.

We use Complianz to manage cookie consent in compliance with the ePrivacy Directive, the GDPR, and the relevant provisions of Polish and Dutch telecommunications law. When you first visit, a banner lets you accept or refuse cookies by category. You can change your preferences at any time via the cookie settings link on the Website.

The following categories of cookies may be placed:
Category ——- Purpose ——- Required Consent
Functional (necessary) ——- Enable basic website functions — cookie consent storage, security, performance ——- No
Preferences ——— Remember your display preferences ——- Yes
Statistics (analytics) ——— Anonymous usage statistics Advertising and tracking ——- Yes
Marketing ——— Advertising and tracking
Remember your display preferences ——- Yes

Functional cookies are always active. All other categories require your explicit consent.

Note on the Cookie Policy page: This Privacy Policy contains full and detailed information about the cookies used on the Website, their categories, purposes, and how to manage consent. The cookie consent banner provided by Complianz links to a dedicated Cookie Policy page at /cookie-policy-eu/. If that page is not currently accessible, the cookie information in this Privacy Policy satisfies transparency obligations under the GDPR and ePrivacy Directive. Users may manage their cookie preferences at any time through the cookie settings link available on the Website.
Important note about third-party plugins: The plugins we use to operate the Website are developed by third parties. While we select them carefully, we do not control their internal code or how they handle cookies and data. Their behaviour may change with updates. We describe what we know about the cookies they place, but we cannot guarantee that this description is always exhaustive or up to date. We are not responsible for any data processing performed independently by these plugins beyond what we have configured and disclosed here. If you have concerns about a specific cookie, please contact us.

4.3 Data We Do NOT Collect
We want to be clear about what we don’t do — consistent with the Website’s purpose as a closed presentation of artistic oeuvre:
We do not collect names, email addresses, phone numbers, or postal addresses (except where voluntarily provided in a cooperation offer sent to kontakt@merscreations.art in accordance with §3 of the Terms of Use)
We do not operate a newsletter, mailing list, or marketing database
We do not process payments or financial data
We do not create user profiles for behavioural advertising
We do not use tracking pixels, social media plugins that transmit data, or fingerprinting
We do not sell, rent, or trade personal data — ever
We do not seek, collect, or process any personal data of the Author or Owner beyond what is voluntarily disclosed
We do not facilitate user-to-user or user-to-author communication, dialogue, or interaction of any kind outside the exclusive cooperation procedure

5. Third-Party Services

5.1 Hosting Provider
Our Website is hosted by a third-party hosting provider. The provider processes server log data (IP addresses, timestamps) on our behalf under a data processing agreement (where required under Art. 28 GDPR). Data is stored on servers located in Lithuania, within the European Economic Area (EEA), ensuring an adequate level of data protection under the GDPR.
5.2 External Links
The Website links to external platforms (Saatchi Art, Flickr, 500px, Instagram, Adobe Lightroom). When you click these links, you leave merscreations.art and are subject to that platform’s privacy policy. We recommend you read them. We are not responsible for how these platforms handle your data.
5.3 WordPress Plugins
The Website relies on WordPress plugins to function — including Complianz for cookie consent, security plugins, andperformance plugins. These plugins are developed and maintained by third parties. They may place cookies or process data as part of their operation. We configure them to minimise data collection, but we do not control their underlying code and are not responsible for changes in their behaviour introduced through updates. We review plugin selections periodically to ensure they align with our privacy commitments.

6. Legal Basis for Processing

Under the GDPR and the corresponding provisions of Polish and Dutch law, we rely on the following legal bases:
Processing Activity ——- Legal Basis
Server logs (IP address, etc.) ——- Legitimate interest (Art. 6(1)(f) GDPR) — ensuring website security and functionality
Monitoring and recording of potential violations (including mental interference, violations of Polish heritage protections, and unauthorised cooperation attempts) ——- Legitimate interest (Art. 6(1)(f) GDPR) — protection of the Author’s fundamental rights, prevention and detection of crime, enforcement of legal rights
Processing of cooperation offers received at kontakt@merscreations.art ——- Legitimate interest (Art. 6(1)(f) GDPR) — responding to lawful cooperation requests under §3 of the Terms of Use
Functional/necessary cookies (including those from plugins) ——- Legitimate interest (Art. 6(1)(f) GDPR) — website operation
Preferences, statistics, marketing cookies ——- Your consent (Art. 6(1)(a) GDPR) — given via the cookie banner

 7. Data Retention

Data Type ——- Retention Period
Server logs ——— 30 days (determined by hosting configuration)
Evidence of violations (including mental interference, Polish heritage violations, and unauthorised cooperation attempts) ——— Retained for the duration necessary for investigation and legal proceedings, in accordance with applicable statutes of limitation ——— Retained for the duration of the cooperation relationship or, if no cooperation is established, for a reasonable period to document the communication
Cookie consent records ——-Duration of consent validity
Statistical data (if cookies accepted) ——— As specified by the analytics tool (typically 14–26 months)
We do not retain data longer than necessary for the purposes for which it was collected.

8. Protection of the Author’s Mental Domain, Polish Heritage, Identity, Rights, and Personal Data

1. The mental domain, Polish heritage, privacy, identity, and rights of the Author and Owner are protected with the utmost seriousness under the GDPR, the Polish Civil Code (protection of personal rights — dobra osobiste, Art. 23 and 24 Kodeksu cywilnego), the Polish Criminal Code, the Dutch Civil Code (Burgerlijk Wetboek), and the Dutch Criminal Code (Wetboek van Strafrecht). The Website is a closed presentation of artistic oeuvre — the Author is present through the work, not through personal disclosure. Her Polish heritage (dziedzictwo polskie) forms an inseparable part of her identity and is protected accordingly. There is one and only one lawful way to engage with the Author: the exclusive cooperation procedure described in §3 of the Terms of Use.
2. Users are prohibited from searching for, collecting, attempting to identify, disclosing, or disseminating any personal data of the Author or Owner beyond what is voluntarily disclosed on the Website. Users are further prohibited from any form of mental interference as defined in §7 of the Terms of Use, from violating the Author’s Polish heritage protections as set out in §6 of the Terms of Use, and from any attempt to initiate cooperation that does not follow the exclusive procedure in §3 of the Terms of Use.
3. Violations of the Author’s or Owner’s mental domain, Polish heritage, rights, privacy, or identity — including misrepresentation of Polish heritage and unauthorised cooperation attempts — are not tolerated in any degree. All evidence of such violations will be recorded, preserved, and reported to the appropriate data protection authorities — the Polish Data Protection Authority (Urząd Ochrony Danych Osobowych — UODO), the Dutch Data Protection Authority (Autoriteit Persoonsgegevens), or the competent supervisory authority in the relevant EU Member State — and to the competent criminal investigation authorities.
4. This section supplements the protections detailed in §2.6, §3, §6, §7, §8, §9, §10, and §12 of the Terms of Use.

9. Your Rights Under GDPR

As a data subject in the EEA, you have the following rights under the GDPR and the corresponding provisions of Polish and Dutch law:
Right ——- What It Means
Right of access (Art. 15 GDPR) ——- You can ask whether we process your data and request a copy< Right to erasure (Art. 17 GDPR) ——— You can ask us to delete your data (“right to be forgotten”)
Right to restrict processing (Art. 18 GDPR) ——— You can ask us to limit how we use your data
Right to data portability (Art. 20 GDPR) ——— You can receive your data in a structured, machine- readable format
Right to object (Art. 21 GDPR) ——— You can object to processing based on legitimate interest
Right to withdraw consent (Art. 7(3) GDPR) ——— You can withdraw cookie consent at any time
To exercise any of these rights, email us at kontakt@merscreations.art. We will respond within one month (extendable by two months for complex requests), in accordance with the timeframes set by the GDPR. Identification may be required.
Please note that the right to erasure and the right to object to processing may be limited where data is being processed for the prevention, detection, or investigation of violations of these legal documents, including mental interference, Polish heritage violations, unauthorised cooperation attempts, and circumvention of the exclusive cooperation procedure — as permitted by Art. 17(3)(e) and Art. 21(1) GDPR (establishment, exercise, or defence of legal claims).
There is no fee for exercising your rights, unless requests are manifestly unfounded or excessive.

10. Complaints

If you believe we have violated data protection law, you have the right to lodge a complaint with the competent supervisory authority:
Polish Data Protection Authority (Urzad Ochrony Danych Osobowych — UODO): https://uodo.gov.pl Dutch Data Protection Authority (Autoriteit Persoonsgegevens): https://autoriteitpersoonsgegevens.nl — Phone: +31 (0)70 888 8500
The data protection authority in your own EU Member State of residence
You may also lodge a complaint with the supervisory authority in your EU Member State of residence.
We would, however, appreciate the opportunity to address your concerns first — please contact us before escalating.

11. Children’s Privacy

Our Website is not directed at children under 16, in accordance with the GDPR and the relevant provisions of Polish and Dutch law. We do not knowingly collect data from children. If you believe a child has provided us with personal data, please contact us and we will delete it.

12. Changes to This Privacy Policy

We may update this Privacy Policy to reflect changes in our practices or legal requirements. The “Last updated” date will indicate when changes were made. Please check periodically.

13. Governing Law

This Privacy Policy is governed by European Union law, Polish law, and Dutch law, applied to the extent relevant and with respect to the primacy of EU law. Users are also required to comply with the data protection laws of their own local jurisdiction (local law). Any disputes shall be subject to the exclusive jurisdiction of the competent courts of the Netherlands, without prejudice to the right of the data subject to bring proceedings in the courts of their EU Member State of residence.

14. Contact

Data Controller: B.B. Gabryelska / Mer’s Creations
Exclusive contact and cooperation email: kontakt@merscreations.art




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Disclaimer

Last updated: 13 September 2026
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1. Purpose and Nature of the Website — Permitted Uses

merscreations.art (“the Website”) is strictly and exclusively a closed presentation of the Author’s artistic oeuvre. It functions as a digital portfolio and gallery for the one-way display of creative works — photography, design, painting, digital art, and other forms of artistic expression.
Permitted uses of the Website and its domain are:
(a) For all Users: passively receiving information about the Author’s artistic oeuvre by viewing Content.
(b) For Cooperating entities who have followed the exclusive cooperation procedure described in §3 of the Terms of Use (submission of a cooperation offer with a clear description of the topic exclusively to kontakt@merscreations.art, and receipt of the Author’s written confirmation): additionally, using the Website to view, study, and gather information and data about the Author’s artistic oeuvre for the purpose of preparing and supporting the established formal cooperation.
The Website is not a blog, forum, social network, community platform, discussion space, interactive service, or commercial webshop. Its sole function is the one-way transmission of information about the Author’s body of creative work. Any use of the Website or domain beyond the permitted uses is prohibited. Any attempt to initiate cooperation through any means other than the exclusive procedure described in §3 of the Terms of Use is a violation of those Terms and of the Author’s rights. Users are asked to use the Website with respect to globally accepted rules of using devices and the internet, and with good will and good conduct. Users are also required to comply with all laws applicable in the jurisdiction where they reside or from which they access the Website (local law). All content on the Website is provided for informational and artistic purposes only. While we strive to ensure accuracy, we make no representations or warranties of any kind — express or implied — about the completeness, accuracy, reliability, suitability, or availability of the Website or its content.

2. Right to Modify Content and Legal Documents

The Author reserves the full and unrestricted right to change, modify, update, add to, remove, or replace any and all data, information, and Content on the Website at any time, without prior notice, and at her sole discretion. This includes, but is not limited to:
Adding, modifying, or removing artworks, photographs, texts, graphics, and any other Content
Changing the structure, layout, or visual design of the Website
Adding, removing, or modifying any pages, subpages, or functionalities
Changing, updating, or amending any part of this Disclaimer, the Terms of Use, the Privacy Policy, the Cookie Policy, or any other legal document published on the Website, in whole or in part, at any time and without prior notice
Users are responsible for periodically reviewing these documents to stay informed of any changes. The “Last updated” date at the top of each document indicates when it was last revised.
The Author also reserves the right to suspend, withdraw, or discontinue the Website or any part of it at any time without notice.

3. No Professional Advice

Nothing on this Website constitutes professional advice of any kind — legal, financial, medical, or otherwise. Do not rely on any content on this Website as a substitute for professional consultation. If you need advice, seek a qualified professional.

4. Artistic Content

All artwork, photography, and creative content displayed on the Website reflects the personal artistic vision of the Author. Interpretations, opinions, and statements expressed through artistic works are those of the Artist and do not represent professional or factual claims unless explicitly stated. The Website is a presentation of oeuvre — it does not invite, solicit, or facilitate dialogue, interpretation rights, or claims of co-authorship.

5. The Author’s Polish Heritage (Dziedzictwo Polskie)

The Author is of Polish nationality. Her identity, personal dignity, and creative work are deeply and inseparably rooted in Polish heritage (dziedzictwo polskie) — the centuries-old cultural, spiritual, artistic, and historical inheritance of the Polish nation. This heritage encompasses the traditions of Polish art and culture, the spiritual legacy rooted in the Christian faith and relationship with God, the history of Polish Kings and Queens and royal dynasties, the architectural heritage of castles and fortresses, the chivalric code of Polish knights, the deep connection between the Polish people and nature, and all other tangible and intangible elements that form the cultural identity of the Polish nation.
Users are expressly asked not to confuse, conflate, or misrepresent the Author’s Polish heritage with:
Current political structures, governments, regimes, parties, or political figures in Poland, Europe, or
globally
Contemporary royal families, monarchies, or royal establishments operating in Europe or elsewhere Any present-day political situation, dispute, or agenda
Polish heritage, as it relates to the Author, is a matter of cultural identity, personal dignity, artistic lineage, and national belonging — not politics. The Author’s connection to Polish heritage is personal, artistic, and cultural; it must not be politicised, instrumentalised, or used to attribute to the Author any position on current affairs.
Polish heritage belongs to the Polish nation. It is used by the Author to build her identity, personal dignity, and creative expression as a member of that nation. No User is authorised to appropriate, exploit, or claim these elements as their own, or to attempt to separate them from their Polish national context. The full definition and protection of the Author’s Polish heritage is set out in §6 of the Terms of Use.

6. No Interactive Relationship — Exclusive Cooperation Channel

The Website is a closed presentation whose sole function is the transmission of information about artistic oeuvre. Visiting, viewing, or repeatedly accessing the Website does not establish any relationship — contractual, collaborative, professional, personal, or otherwise — between the User and the Author or Owner, beyond the limited terms expressly set out in these documents or a valid, mutually signed cooperation agreement.
The Website does not facilitate user-to-user communication, user-to-author dialogue, or any form of interactive engagement. There is one and only one lawful channel through which to engage with the Author: the exclusive cooperation procedure described in §3 of the Terms of Use — namely, sending a cooperation offer with a clear description of the topic to kontakt@merscreations.art and receiving the Author’s written confirmation. Any other attempt to initiate contact, cooperation, or engagement with the Author is a violation of the Terms of Use and of the Author’s rights. Any claim by a User of a relationship, partnership, shared creative endeavour, shared heritage, or mutual obligation arising from use of the Website — without a signed cooperation agreement established through the exclusive procedure — is unfounded and is expressly disclaimed.

7. Cooperating Entities and Fellow Artists

Artistic institutions, galleries, museums, publishers, curators, agents, researchers, cultural organisations, academic institutions, fellow artists, and other professional bodies or individuals that have followed the exclusive cooperation procedure described in §3 of the Terms of Use and received the Author’s written confirmation are permitted to use the Website additionally for the purpose of preparing data and information necessary for that cooperation. For fellow artists, this includes reviewing the body of work to explore artistic compatibility, study creative approaches, plan joint projects or exhibitions, or prepare collaboration proposals — within the scope of the established cooperation. This permission is strictly limited to data preparation in connection with the genuine professional or artistic cooperation that has been formally established through the lawful procedure and does not extend to copying, reproducing, distributing, or otherwise using Content without the Author’s prior written consent.
No cooperation or artistic relationship is established solely by use of the Website; a formal cooperation requires following the exclusive procedure in §3 of the Terms of Use and receiving the Author’s explicit written confirmation. Fellow artists and all other potential Cooperating entities are reminded that the only lawful way to engage is through kontakt@merscreations.art with a clear description of the topic. Any other approach is a violation of the Author’s rights.

8. Hosting Location and Technical Infrastructure

The Website is hosted on servers located in Lithuania (European Union). Data is stored and processed within the European Economic Area (EEA), benefiting from the data protection standards guaranteed by EU law, including the GDPR.
Users access the Website through a chain of Service Providers (as defined in the Terms of Use). The Author and Owner are not responsible for the technical infrastructure, data handling, or legal compliance of internet service providers, telecommunications operators, or other intermediaries through which the User accesses the Website.

9. Third-Party Plugins and Cookies

The Website uses WordPress plugins developed by third parties to enable core functionality — including security, performance, and cookie consent management. These plugins may place cookies or process data as part of their normal operation. While we select these plugins carefully and configure them to minimise data collection, we do not control their internal code and we are not responsible for any independent data processing, cookie placement, or changes in behaviour introduced by these third-party plugins or their updates. Full cookie information is available in the Privacy Policy (§4.2). Use of the Website is subject to this understanding.

 10. External Links

The Website links to external platforms and third-party websites. These links are provided for convenience and informational purposes only. We:
Do not control, endorse, or guarantee the content of any external website
Are not responsible for the availability, accuracy, or practices of external websites Are not liable for any loss or damage arising from your use of external websites
Clicking external links is at your own risk. We recommend reading the terms and privacy policies of any external site you visit.

11. Copyright

Unless otherwise stated, all content on the Website — including images, artwork, photography, designs, texts, logos, graphics, and the visual design — is the exclusive intellectual property of B.B. Gabryelska / Mer’s Creations and is protected under European Union law, Polish copyright and industrial property law, Dutch copyright law, and applicable international treaties including the Berne Convention.
Techniques, methods, and collected knowledge of the Author and Owner are also protected. Unauthorised reproduction, copying, imitation, distribution, modification, or commercial use of any Content, techniques, methods, or collected knowledge is prohibited and may result in legal action under the applicable law. Cooperating entities, including fellow artists, must obtain separate written consent for any use of Content beyond viewing and data preparation for cooperation purposes.

12. Protection of the Author’s Mental Domain, Polish Heritage, Identity, Rights, and Privacy

The protection of the mental domain, Polish heritage (dziedzictwo polskie), privacy, identity, habits, education, techniques, methods, workflow, discoveries, decision-making autonomy, and exclusive cooperation rights of the Author and Owner is a fundamental principle protected under the Polish Civil Code (protection of personal rights — dobra osobiste, Art. 23 and 24 Kodeksu cywilnego), the Polish Criminal Code, the Dutch Civil Code (Burgerlijk Wetboek), the Dutch Criminal Code (Wetboek van Strafrecht), and European Union law.
The closed, non-interactive nature of the Website — serving strictly as a presentation of artistic oeuvre and hosted on servers in Lithuania within the EU — reinforces this protection. The Author’s Polish heritage forms an inseparable part of her identity and is protected as a personal right. There is one and only one lawful means of engaging with the Author: the exclusive cooperation procedure described in §3 of the Terms of Use. Any use beyond the permitted uses or any attempt to engage through any other channel implicates protections that will be enforced.
Any violation — including mental interference (§7 of the Terms of Use); violations of Polish heritage protections (§6 of the Terms of Use); unauthorised cooperation attempts (§10.2 of the Terms of Use); circumvention of the exclusive cooperation procedure (§3 of the Terms of Use); searching for, collecting, attempting to identify, disclosing, or disseminating the Author’s or Owner’s personal data; impersonation; identity appropriation; counterfeiting of the Author’s life or actions; appropriation or misrepresentation of Polish heritage; or any form of “playing” the Author or Owner — is prohibited without exception. All evidence of such violations will be recorded, preserved, and reported to the competent criminal investigation authorities.
Fellow artists are specifically reminded that the Website presents an individual artist’s oeuvre, mental domain, Polish heritage, and identity; it does not serve as raw material for identity construction, mental synchronisation, methodology extraction, workflow replication, heritage appropriation, or any form of cognitive, creative, or cultural appropriation. The only lawful way to engage with the Author as a fellow artist is through the exclusive cooperation procedure. Full details are set out in §3, §6, §7, §8, §9, §10, and §12 of the Terms of Use.

13. Monitoring and Criminal Referral

The Website is actively monitored for signs of violations, including but not limited to mental interference, violations of Polish heritage protections, unauthorised cooperation attempts, and circumvention of the exclusive cooperation procedure. All evidence of violations — including digital footprints, behavioural patterns, access logs, communication records, and any other relevant data — will be recorded, preserved, and compiled. Detected or suspected violations will be reported to the competent criminal investigation authorities without delay. By using the Website, Users acknowledge and accept this monitoring and the potential consequences of violations as described in the Terms of Use.

14. Limitation of Liability

To the fullest extent permitted by European Union law, Polish law, and Dutch law:
The Website and its content are provided “as is” without warranties of any kind
We are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of, or inability to use, the Website — including but not limited to loss of data, loss of profits, business interruption, or personal injury. We are not liable for damages caused by viruses, malware, or other harmful components that may infect your equipment through your use of the Website, particularly where such damages result from the User’s failure to observe globally accepted standards of device and internet security
We are not liable for the content, actions, or omissions of third-party websites linked from the Website We are not liable for the data processing, cookie placement, or any other actions performed independently by third-party WordPress plugins used on the Website
We are not liable for damages resulting from the actions or omissions of Service Providers, force majeure events, or technical limitations beyond our control
We are not liable for any violation of local law by the User in connection with their use of the Website This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if we were advised of the possibility of such damages.
Nothing in this Disclaimer limits liability that cannot be excluded under the applicable law — including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

15. Governing Law

This Disclaimer is governed by European Union law, Polish law, and Dutch law, applied to the extent relevant to the matter at hand and with respect to the primacy of EU law. Users are also required to comply with the laws of their own local jurisdiction (local law). Any disputes shall be subject to the exclusive jurisdiction of the competent courts of the Netherlands, without prejudice to the right of the Author and Owner to bring proceedings in the courts of Poland, the courts of the User’s place of residence or domicile, or any other competent jurisdiction under the applicable law, or to refer matters to the competent criminal authorities.

16. Contact

Exclusive contact and cooperation email: kontakt@merscreations.art
What You Need To Do Now
These documents are ready for publication. Here are your action items:
Immediate (same day):
1. Cookie Policy page — low urgency. Your Privacy Policy (updated in this document) now contains full cookie disclosure including categories, purposes, consent mechanism, and how to manage preferences. Under GDPR and ePrivacy Directive, this satisfies transparency obligations. The Complianz plugin may still expect a separate /cookie-policy-eu/ page for the consent banner to link to. If that page returns a 404, the banner link is broken — which looks unprofessional. Either: (a) regenerate it in Complianz settings so the link works, or (b) redirect the Complianz banner link to point to the Privacy Policy instead
2. Add these pages to WordPress — Create pages for Terms of Use, Privacy Policy, and Disclaimer and paste the content
Short term:
1. Add links in the footer — Link to Terms, Privacy Policy, Disclaimer, and Cookie Policy (or Privacy Policy’s cookie section) from every page
Important notes:
Hosting in Lithuania confirmed — The Privacy Policy and Disclaimer now state the server is in Lithuania (EU/EEA). This is good for GDPR compliance
Local law obligation added — §2.6 of the Terms requires Users to comply with all laws in their own jurisdiction. Local law also referenced in governing law, liability, consequences, and cross-referenced in Privacy Policy and Disclaimer
These are templates, not legal advice — I am an AI assistant, not a lawyer. Review by a qualified legal professional is recommended


THANKS!