Acceptance of Terms
By accessing and using the Ludic Canvas platform, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
These Terms of Service apply to all users of the platform, including artists, collectors, institutions, and visitors.
Platform Description
Ludic Canvas is a hybrid gallery and marketplace that facilitates the creation, curation, and distribution of playable artworks. We connect game designers with contemporary artists to create limited edition interactive experiences.
Our platform provides exhibition spaces, artist storefronts, discovery tools, and licensing solutions for institutions and venues worldwide.
User Accounts and Registration
To access certain features of our platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
Intellectual Property Rights
All content on the Ludic Canvas platform, including but not limited to text, graphics, logos, images, audio clips, and software, is the property of Ludic Canvas or its content suppliers and is protected by copyright and other intellectual property laws.
Artists retain ownership of their original works while granting Ludic Canvas necessary licenses to display, distribute, and market their creations through our platform.
Artist Terms and Commissions
Artists participating in our platform agree to create original, high-quality interactive works that meet our curatorial standards. All submissions are subject to review and approval by our curatorial team.
Revenue sharing terms are established in separate artist agreements, with transparent royalty structures for edition sales, licensing, and institutional subscriptions.
Purchase Terms and Conditions
All purchases made through our platform are subject to availability and acceptance. We reserve the right to refuse or cancel orders at our discretion, including but not limited to cases of suspected fraud or unauthorized transactions.
Limited edition artworks are sold on a first-come, first-served basis. Once an edition is sold out, no additional copies will be made available.
Payment and Billing
Payment for purchases must be made at the time of order using accepted payment methods. All prices are listed in USD unless otherwise specified and are subject to applicable taxes.
For institutional subscriptions and licensing agreements, payment terms are established in separate contracts with net payment periods as agreed upon.
Refund and Cancellation Policy
Due to the digital and limited edition nature of our artworks, all sales are final. Refunds may be considered in exceptional circumstances, such as technical issues preventing access to purchased content.
Institutional licensing agreements may include specific cancellation terms as outlined in individual contracts.
User Conduct and Prohibited Activities
Users agree not to use the platform for any unlawful purpose or in any way that could damage, disable, overburden, or impair our services. Prohibited activities include but are not limited to unauthorized copying, distribution, or modification of content.
Users must respect the intellectual property rights of artists and other users, and may not attempt to reverse engineer or extract source code from interactive artworks.
Content Moderation and Removal
We reserve the right to review, moderate, and remove content that violates these terms or our community guidelines. This includes content that is illegal, harmful, offensive, or infringes on intellectual property rights.
Artists and users may report inappropriate content through our reporting mechanisms, and we will investigate and take appropriate action as necessary.
Platform Availability and Maintenance
While we strive to maintain continuous platform availability, we do not guarantee uninterrupted access to our services. We may perform maintenance, updates, or modifications that temporarily affect platform functionality.
We will provide reasonable notice of scheduled maintenance when possible, and work to minimize disruption to user experience.
Limitation of Liability
Ludic Canvas shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or related to your use of the platform.
Our total liability for any claims arising from these terms or your use of the platform shall not exceed the amount you paid to us in the twelve months preceding the claim.
Indemnification
You agree to indemnify and hold harmless Ludic Canvas, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the platform, violation of these terms, or infringement of any rights of another party.
This indemnification obligation will survive termination of these terms and your use of the platform.
Governing Law and Dispute Resolution
These terms are governed by the laws of Brazil, without regard to conflict of law principles. Any disputes arising from these terms or your use of the platform will be resolved through binding arbitration in São Paulo, Brazil.
You waive any right to participate in class action lawsuits or class-wide arbitration against Ludic Canvas.
Termination
We may terminate or suspend your account and access to the platform at any time, with or without cause, and with or without notice. Upon termination, your right to use the platform will cease immediately.
Provisions of these terms that by their nature should survive termination will remain in effect after termination, including intellectual property rights, liability limitations, and dispute resolution clauses.
Changes to Terms
We reserve the right to modify these Terms of Service at any time. We will notify users of material changes by posting the updated terms on our website and updating the effective date.
Your continued use of the platform after the effective date of updated terms constitutes your acceptance of the changes.
Effective Date: January 1, 2025
Last Updated: January 1, 2025