How to become a Homeostasis Lab artist
Homeostasis Lab is a Platform that intends to gather and make available to the public a variety of “Digital Artworks”, created by artists from all over the world, as well as the interaction of users of the Platform with such works. If you are interested in sending and making your works available in our Platform, please carefully read the procedures, terms and conditions below.
For interpretation purposes, the “Digital Art Works” we consider suitable for uploading and making available by You in the Platform are: artistic works that are able to be displayed on the internet, at some stage from conception to realization have a conceptual connection with the digital, and that belong to any type of net art and digital art: cybernetic art, algorithmic art, art in code, generative art, net-art, glitch-art, artificial intelligence, deep-fake, transmedia installation, digital sculpture, 2D and 3D animation, game art, holograms, transmedia performance, virtual communities, crypto art, art apps, AR filters, immersive art (AR, VR and MR), animated GIF, meme, boomerang, hacker art, cyber art, digital painting, digital photography, digital poetry, bio-art, sound art, pixel art, software art and others similar categories.
Therefore, if you have any Digital Art Work that fits the requirements above, that You wish to make available to the public through our Platform, You must submit the registration, correctly filling in the requested data and information, as well as keeping them updated.
You must ensure that the file sent by You containing the Digital Art Work is in the highest resolution possible for You. You must promptly respond to any questions or requests from Us regarding the files. If so requested by Us at any time, You undertake to resubmit/resend your Works in a format compatible with the Platform (such as, for example, a file with a higher resolution).
After the registration and the submission of the Digital Art Work by You, We will analyze the submitted work, in order to verify if the format of the file and the work are in accordance with the rules of the Platform. We do not execute a prior control over the content of the works, but only an analysis of the technical suitability of the archive/file and an assessment of the artistic language in line with the purpose of the project, in order to verify whether your work fits our definition of “Digital Art Works”.
Upon completing the registration on the platform https://homeostasislab.org, You consent and agree, expressly, to the terms and conditions of this ARTIST AGREEMENT (“Agreement”), according to the provisions below:
SECTION ONE - OBJECT
1.1. By this contract, You grant a license to Us, without exclusivity, of copyright, neighboring rights, personality rights and trademarks rights, over and contained in the Digital Art Works, texts, photos and videos made available (through upload) by You on the Platform, for the specific purposes described in the Sec. two below only. For clarification purposes, You remain the owner and right holder of all rights in and to the Digital Art Works, texts, photos and videos made available by You on the Platform. The present Agreement consists only in a temporary license of such rights to Us, that may be revoked by You, under the terms of Sec. five below.
SECTION TWO - LICENSES
2.1. By virtue of this instrument, You license to the Platform and Us, in a non-exclusive basis, for an indeterminate period, in Brazil and / or Abroad, the copyrights and neighboring rights over and contained in the materials, works, Digital Art Works, texts, videos and photos made available by You on the Platform, for the purposes and modalities of use described below, especially the right of making them available on the Platform and on third party websites / social media, under the terms of this section.
2.2. You also authorize and license to the Platform and Us the right to use your name, likeness, voice and biographical data, as well as license the use of any trademark/logo submitted by You to the Platform, always in association with the materials, works, Digital Art Works, texts, videos and photos made available by You on the Platform, in a non-exclusive basis, for an indefinite period, for the purposes and modalities of use described below, especially the right of making them available on the Platform and on third party websites / social media, as provided for in this clause, in Brazil and / or Abroad.
2.3. As consequence of the license provided for in clauses 2.1 and 2.2 above, We and the Platform may, directly and / or through any sublicensed third parties, use the materials, works, Digital Art Works, texts, videos and photos made available by You on the Platform, through following modalities:
2.4. We may sublicense to third parties, in whole or in part, the rights provided for in this section, without any other formality.
2.5. If there is an opportunity to produce an exhibition related to the Platform, outside the digital environment, We may, at our discretion, contact the artists to check if they are interested in including their works in such exhibition.
SECTION THREE – REPRESENTATIONS AND WARRANTIES
3.1. You represent and warrant that:
3.2. You will be liable and take all responsibility for any claim, charge, complaint, action and / or law suit, in court or outside of court, of third parties against the Platform and Us, or our users, (i) arising from the violation by You of the representations and obligations provided for in this Agreement; and / or (ii) resulting from the content of materials, works, Digital Art Works, texts, videos and photos made available by You in the Platform.
3.3. If one of the hypotheses provided for in sec. 3.2 above occurs, You will take all measures to exclude Us and / or our users from the defendant side of the dispute, as well as indemnify the Platform, Us and our users, for the legal costs and legal fees incurred, as well as for eventual convictions/indemnifications that We and they may suffer.
3.4. Due to the provision contained in sec. 21, of the Brazilian Legal Framework for the Internet (Brazilian Law No. 12.965/14), if We and the Platform receive any notices alleging violation, by the files and works sent by You, of the privacy of third parties resulting from the unauthorized disclosure of images, of videos or other material containing scenes of nudity or sexual acts of a private nature, We will immediately remove such files, works and materials from the Platform.
3.5. If We and the Platform receive any notices alleging infringement, by the files and works sent by You, of copyrights, intellectual property and/or personality, not described in sec. 3.4 above, We will temporarily suspend the availability of such files and works of the Platform and We will contact You through your e-mail address informed in the registration, with a deadline for You to present clarifications about such notice, so that the legal department of the Platform can present their technical opinion on the matter. The Platform will resume the making available of the work, if the Platform's legal department understands that the Platform will not be at risk with the resumption.
3.6. You undertake to indicate, by the time of the upload, whether your works, files and other materials contain violence, sex and nudity and / or drugs, which are subject to age restrictions, according to the Brazilian legislation on Age Rating. You represent and agree that the Platform may, at its discretion, adopt measures to block and restrict content to minors, which We deem pertinent and necessary, as well as the Platform may rate your works, at its discretion, according to the applicable legislation.
3.7. We are not responsible for third party content that may be transmitted through any technical security breach that may be exploited in bad faith.
SECTION FOUR - COMPENSATION
4.1. The licenses contained in this Agreement are granted free of charge, and nothing is due by the Platform and by Us to You.
4.2. The Digital Art Works submitted to the Platform through upload by the artists, up to April, 20, 2021, will compete for three “Revelation Work” awards, in the total gross amount of R$1.000,00 (one thousand Brazilian reais) each, for the winning works, selected by the Platform's curatorship, at their discretion, in Brazilian reais, to be paid to the winning artists, after discounting the applicable taxes and possible exchange rates.
4.3. If You win the “Revelation Work” award, You undertake to send a competent tax invoice, as required by applicable legislation and in accordance with the Platform's guidelines, 5 (five) days prior to the payment date. You authorize us to make deductions from the payment provided for in clause 4.2, if so determined by applicable tax legislation.
SECTION FIVE – PERIOD AND TERMINATION
5.1. This Agreement will come into force on the date it was accepted by You, upon completion of registration on the Platform, and will remain in force for an indefinite period.
5.2. You may, at any time, revoke this license and remove (or request the removal) of the materials, works, Digital Art Works, texts, videos and photos made available by You on the Platform, by excluding such materials from the Platform, in your user area. If You have difficulty in removing such content from the Platform, you can request the removal from Us, via contact form, provided in this link. We will have 30 (thirty) days from the submission of the request by You to complete such removal.
5.3. Parties undertake to fully and faithfully comply with the provisions of this Agreement. Failure to comply with any obligation set forth herein, if maintained after 30 (thirty) days as of the receipt of written communication of the other party regarding such violation, will rise the possibility of full right termination of this Agreement, notwithstanding with the indemnification for losses and damages.
5.4. We reserve the right to terminate the Platform's activities, at any time, at our sole discretion. You represent that you understand that the licenses contained in this Agreement are our ability to use the rights set out in clause two above and not an obligation. If We decide to terminate this Agreement, We may do so, without justification and without penalties, by communicating to your e-mail informed in the registration, 10 (ten) days in advance.
SECTION SIX – MISCELLANEOUS
6.1. We will be able to change the terms and conditions of this Agreement, at any time, by sending the updated version to your email informed during the registration. You will have the opportunity to consent to the new version presented when you join the Platform.
6.2. You and your eventual successors and heirs undertake to continue the execution of this Agreement under the terms set forth herein.
6.3. Neither Party may take any action that may adversely affect the name, image and / or reputation of the other party.
6.4. By agreeing to the terms of this Agreement, You represent that all data provided in the registration of the Platform are true and that your consent to this Agreement has the value of an electronic signature.
6.5. For interpretation purposes of this Agreement, the following definitions apply:
"You": the artist and licensor of the rights provided for in this Agreement, who voluntarily submit the registration and upload your Digital Art Works for public availability on the Platform, under the terms described above;
“We/Us”: the licensees of the Agreement above, who are also the domain owners and holders of the Platform, which consist of Julia Borges Arana ME (Phi Projetos), CNPJ n° 19.359.245/0001-38, headquartered at Doutor Amâncio de Carvalho Street, 65, Vila Mariana, São Paulo, SP, CEP 04012-090, Brazil, and Guilherme Augusto Fernandes Brandao Fonseca 30283428805 (UGI Projetos Culturais), CNPJ n° 17.939.894-0001/82, headquartered at Mantiqueira Street, 105, Vila Mariana, São Paulo, SP, CEP 4110-040, Brazil;
“Platform”: website, whose domain belongs to the licensees above, currently located at: https://homeostasislab.org
6.6. This Agreement will be governed by the laws of the Federative Republic of Brazil and the São Paulo State Capital Forum will be elected for all claims arising from it.
As we are always looking to improve our Platform, these Terms may undergo updates, aiming to provide the User with more security, convenience and to improve their experience even more. That is why we recommend that the User access our Terms periodically, so that he is aware of the changes. To make it easier, we indicate at the end of the document the date of the last update.
Last updated: 20.03.2021