Terms and conditions

TERMS OF USE

Please read these Terms of Use carefully - by accessing or using Homeostasis Lab, you agree to these Terms.

We are Homeostasis Lab platform, available at https://homeostasislab.org/ ("Homeostasis Lab" or "Platform"), and this Terms of Use ("Terms") aims to regulate the use of the Platform by you ("User” Or “You”).

These Terms are available for access at any time by the User, and may be updated, at any time, by Homeostasis Lab, upon notice on the Platform. Furthermore, the provisions of the Privacy Policy and the Artist Agreement apply to the Platform.

  1. SCOPE AND USE OF THE PLATFORM
  • What is Homeostasis Lab

Homeostasis Lab is a platform that seeks to bring together and display to the public a variety of works of digital art, by Artists from all countries of the world, as well as curatorial, research and training content related to digital art, in addition to promoting the interaction of the Platform Users with such works and content.

If You are an artist and interested in sending and making your works available on our Platform (“Artist”), click here for more information.

  • Available features

You, as a Platform User, will be able to:

o research and visualize digital art works;

o create and view online collections of works available on the Platform;

o obtain access to the profiles of the Artists, exhibitions, events and training and research content available on the Platform;

o share Platform content on your social networks;

o search and view training and research content related to digital art;

o receive personalized recommendations for works of art, as well as news from Artists and Content on the Platform;

o contribute to forums and other interaction resources that we may make available;

o use any other facilities that we generally offer to Users.

We can add or remove the features provided here, as the Homeostasis Lab evolves and changes over time.

To view the features available to the Artist, click here to access the Artist Agreement click here.

  • Free access to and use of the Platform

The access and use of the Platform by the User are free of charge.

In order to send and make the Digital Art Works available on the Platform, it is necessary to have prior registration by the User, who will be considered an Artist, according to the Artist Agreement.

All information provided by the User through the Platform must be true. Thus, the User guarantees the authenticity of all the data that he / she informs when filling out the respective forms. In this way, the User can exercise his right to correct incomplete, inaccurate or outdated data, in order to keep all the information provided to Homeostasis Lab permanently updated, so that it always reflects the real data of the User.

In any event, the User will be solely responsible for any false or inaccurate statements that are made and that may cause damage to Homeostasis Lab or third parties.

  • Duration and Closing

Access to the Platform is granted to the User for an indefinite period.

The User may, at any time, cancel his registration on the Platform.

Homeostasis Lab, in turn, is allowed to terminate, suspend or interrupt unilaterally, at any time and without the need for prior notice, access to the Platform, without any indemnity being due to the User.

Homeostasis Lab also reserves the right to refuse or withdraw access to the Platform, at any time and without the need for prior notice, on its own initiative or by the requirement of a third party, to those Users who breach these Terms.

  • Under 18 (eighteen) years

If you are under 18 (eighteen) years old, and wish to access the Platform as User, you must obtain the express authorization of your legal guardians, and send us through the contact form, provided in this link. However, if You wish to use the Platform as an Artist, You must be over 18 (eighteen) years of age and fully capable of entering into the Artist Agreement.

  • Obligation to use the Platform correctly

When using the Platform, the User undertakes to respect the Brazilian legislation in force, as well as everything provided for in these Terms, and must not register, make available, disseminate or transmit any content that:

  1. a) It is contrary to any rule of Brazilian law;
  2. b) Encourage discrimination, hatred or violence against persons or groups on grounds of sexual orientation, gender, race, religion, disability, nationality or for any other reason;
  3. c) Incorporate or allow access to works, elements, messages, products and / or services that are illegal, violent, pornographic, degrading or, in general, contrary to the law;
  4. d) Are false or inaccurate, so that they can be misleading about their object or about their intentions or purposes;
  5. e) Are protected by any intellectual property rights belonging to third parties, without the User having obtained

prior authorization from its holders to make the necessary authorization available on the Platform;

  1. f) Incorporate viruses or other physical or electronic elements that may cause damage or impede the normal functioning of the network, system or computer equipment ("hardware" and "software") of third parties, or that may cause damage to electronic documents and files stored in this computer equipment;
  2. g) Cause, due to their characteristics (such as shape, extension, size, among others) difficulties to the normal functioning of the Platform.

In any event, the User is solely responsible for the use he makes of the Platform, as well as for any content sent by him.

  • Correct Use of Content and Intellectual Property

The User undertakes to use the Platform and its content, that is, works protected by intellectual property rights, including photographic works, texts, brands, icons, audiovisual or sound content, software and graphic designs (together, “Content (s) ”), in accordance with the entire legal system.

All Content is the exclusive property of Homeostasis Lab, or third parties who have authorized its use on the Platform, and is protected by international laws and treaties, its copying, reproduction, or any other type of use is prohibited, and violators are subject to sanctions. corresponding civil and criminal offenses, under the terms of Laws 9,610 / 98, 9,609 / 98 and 9,279 / 96. The provisions of this clause do not apply to the sharing of Platform content on social networks, which is one of the features available to the User and is authorized by these Terms.

The User must refrain from obtaining, or trying to obtain, the Content by means other than those which, in each case, have been made available for such purposes.

  1. NOTICE AND TAKEDOWN

Due to the fulfillment of art. 21, of the Brazilian Law No. 12.965/14, if Homeostasis Lab receives any notifications alleging violation, by the contents, files and works sent by You, of the privacy of third parties resulting from the unauthorized disclosure of images, videos or other material containing nude scenes or sexual acts of a private nature, we will immediately remove such files, works and materials from the Platform.

If Homeostasis Lab receives any notifications alleging infringement, for the contents, files and works sent by You, of copyrights, intellectual property and / or personality, which are not described in the clause 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, opening the deadline for You to present clarifications on such notification, so that the legal department of the Platform can express itself on the matter. The Platform will resume making its work available, if the Platform's legal department understands that the Platform will not be at risk with the resumption of making the work available.

  1. DISCLAIMER OF LIABILITY

We reserve the right, at any time, to remove and / or suspend the availability of any work and content from the Platform to the public, in case it is in violation of our policies, Brazilian law or in the other cases provided for in this Terms. The responsibility for the content of the Platform's works rests exclusively with the authors / owners of such works.

Homeostasis Lab does not previously check the inserted Content (it only checks the file format and text contents, and if they are in accordance with the rules of the Platform), or controls the use that the User makes of the Platform. In this way, Homeostasis Lab disclaims any liability for damages of any nature that may arise from any content made available, including violation of rights, including intellectual property rights, as well as the improper use of the Platform by the User.

As a result of technical and operational issues, HOMEOSTASIS LAB cannot guarantee the availability, infallibility and continuity of operation of the Platform, nor does it guarantee the usefulness of the Platform for carrying out any specific activity. Thus, HOMEOSTASIS LAB will not, under any circumstances, be responsible for any damages resulting from the interruption of access to the Platform, or for malfunctions, nor is it responsible for any difficulty of access to the Platform by the User.

  1. GENERAL PROVISIONS

If any part of these Terms is found to be invalid or unenforceable, such excerpt must be interpreted in a manner consistent with applicable law, to reflect, as far as possible, the original intent of the parties, and the remaining provisions will remain in full force and effect.

The failure of Homeostasis Lab to demand any rights or provisions of these Terms will not constitute a waiver and may regularly exercise its right, within the legal deadlines.

  1. COMMUNICATIONS

The Julia Borges Arana ME (Phi Projetos), registered with CNPJ / MF under No. 19.359.245/0001-38, and the Guilherme Augusto Fernandes Brandao Fonseca 30283428805 (UGI Projetos Culturais), registered with CNPJ / MF under No.  17.939.894-0001/82, are the owners of the domain and responsible for the Platform.

All communications by the User to Homeostasis Lab are considered valid, for all purposes, when they are directed to the contact form, provided in this link.

  1. APPLICABLE LAW AND JURISDICTION

These Terms will be governed, interpreted and executed in accordance with the laws of the Federative Republic of Brazil, regardless of the conflicts of these laws with the laws of other states or countries, with the São Paulo / SP District Court having jurisdiction to resolve any doubts arising from this instrument.

  1. UPDATES TO THESE TERMS

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