These Terms & Conditions explain the relationship between Studio Ludens and the End-User, when the End-User accesses and uses the service Repper and its related domains and browser extensions. These Terms & Conditions apply to all services provided by Studio Ludens, unless otherwise stated. These Terms & Conditions shall form part of every agreement to be made by Studio Ludens.
In these Terms & Conditions, capitalized terms are used. These are interpreted as follows.
Agreement: The agreement between Studio Ludens and End-user to which these terms and conditions are declared to be applicable;
Content: The content created by the End-User making use of the Service;
End-user: The receiving party of the Service provided by Studio Ludens, which includes both customers and businesses;
IP-rights: All current and future intellectual and industrial property rights, anywhere in the world, which include, at least, copyrights, patents, trademark rights, tradenames, design rights, domain names, trade secrets, know how, as well as all comparing rights originating from unwritten law such as slavish imitation and including all applications or registrations of intellectual and industrial property rights.
Party: Studio Ludens or End-user, depending from the context;
Studio Ludens: Studio Ludens V.O.F.
Service: The service to be provided by Studio Ludens to the End-user under the Agreement, consisting of a software-as-a-service application for the creation of patterns;
Subscription: The paid subscription to the Service;
Terms & Conditions: These terms & conditions which apply to and form part of the Agreement;
Studio Ludens offers both online and offline services for creating patterns based on images. The Service is called Repper. By registering for and using the Service, including all associated functions and functionalities, websites and user interfaces, as well as all content and software applications that are linked to Service or by opening Content or material made available through the Service, the End-User enters into a binding contract with Studio Ludens.
The Agreement between the End-User and Studio Ludens includes these Terms and Conditions and additional terms that the End-User agreed to as discussed in the full agreement below article, except the terms and conditions that third parties use. The End-User acknowledges that it has read and understood the Agreement, and accepts this Agreement, and agrees to be bound by them. If the End-User does not agree with the Agreement (or cannot comply with them), the End-User may not use the Service or access its Content.
To use the Service and access the Content, the End-User must 1.) be 18 or 16 years old with the consent of a parent or guardian, 2.) have the right to enter into a binding contract with Studio Ludens and not under applicable law is prevented from doing so and 3.) be living in a country where the service is available. The End-User also guarantees that all registration information that is provided to Studio Ludens is truthful, accurate, and complete, and you agree to always ensure that this remains the case.
3.1 These Terms & Conditions form an integral part of the Agreement between Studio Ludens and the End-user.
3.2 By signing the Agreement, the End-user accepts the Terms & Conditions and declares to comply with them.
3.3 Deviations from these Terms & Conditions are only possible if and to the extent such a deviation is explicitly provided for in the Agreement.
3.4 The possibility that (a part of) a provision in these Terms & Conditions may not be applicable in certain situations, shall not exclude the application of the other provisions that form part of the Terms & Conditions.
3.5 Occasionally Studio Ludens may make changes to these Terms & Conditions and/or the Agreement for valid reasons, such as for improving existing functions or functionalities, or adding new functions or functionalities to the Service, implementing scientific and technological innovations, and for reasonable technical adjustments to the service to guarantee the usability or safety of the service, and for legal or regulatory reasons. When Studio Ludens makes substantial changes to the Terms & Conditions and/or the Agreement, Studio Ludens will inform the End-User of this depending on the circumstances, for example by placing a clear notice, or by asking for agreement of the End-User within the service itself, or by sending an e-mail. In some cases Studio Ludens will inform the End-User in advance, and the continued use of the Service by the End-User after the implementation of the changes will be considered as acceptance of the changes.
4.1 The End-User purchases a Subscription for the Service through Paddle, which operates as Merchant of Record. The Subscription is based on a subscription fee on a monthly basis or according to another periodically recurring interval that was announced to the End-User prior to the purchase.
4.2 Studio Ludens may change the price for the paid subscriptions, including recurring subscription fees from time to time, and will inform the End-User in advance of any price change and, if applicable, will let the End-User know how to accept those changes. Price changes will take effect at the start of the next subscription period after the date of the price change. The End-User agrees the price changes by continuing to use the Service after the price change takes effect. If the End-User does not agree with the price change, the End-User has the right to reject the change by deregistering before the price changes takes effect for the Subscription.
4.3 If the End-User is a consumer and registers for a Subscription, the End-User can cancel the Service for any reason and receive a full refund of the Service within fourteen (14) days from the date of registration for the Service (“cooling-off period”). The End-User agrees that that the cooling-off period is available fourteen (14) days after your purchase, but expires as soon as the End-User uses the Service during that period.
4.4 If the End-User purchases a Subscription, the End-User gives Paddle the right to automatically charge the agreed price at the start of each Subscription period until the Subscription is cancelled.
4.5 The Subscription will be automatically renewed at the end of the subscription period, unless the End-User cancels the Subscription before the end of the current Subscription period. The cancellation will take effect the day after the last day of the current Subscription period. If the End-User cancels the Subscription and/or terminates the Agreement a.) after the cooling-off period has expired or 2.) before the end of the current Subscription period, Studio Ludens will not refund already paid Subscription fees. If the End-User wishes to receive a full refund of all funds that have been paid before the cooling-off period is over, the End-User must contact the customer support service of Studio Ludens with a refund request. When Paddle processes a refund, it will refund amounts using the method the End-User used for the payment.
5.1 The Service is the property of the Studio Ludens and/or its licensors. We grant you limited, non-exclusive, revocable permission to use the Service. This access will remain in effect until and unless it is terminated by the End-User or Studio Ludens. The End-User promises and agrees that the Service will not be distributed or sold to third parties. The software underlying the Service is owned by Studio Ludens. The Content is however the property of the End-User (See article 7 – User created content) and can be freely used.
5.2 All trademarks, services marks, trade names, logos and domain names of Studio Ludens and all other functionalities of the Studio Ludens and/or Repper brand are exclusively owned by Studio Ludens and/or its licensors. The Terms & Conditions and Agreement do not give you any rights to use the Studio Ludens and/or Repper brand for commercial or non-commercial purposes, unless prior written consent of Studio Ludens is obtained.
5.3 The End-User agrees to abide the User Guidelines (see article 9 – User Guidelines) and declares to not use the Service and any part thereof in a manner that is not expressly permitted under the Terms & Conditions and the Agreement. Unless for the rights explicitly granted to the End-User in the Terms & Conditions and/or the Agreement, Studio Ludens does not grant you any rights, property rights or interest in the Service.
5.4 Third-party software (for example, open-source software) included in the Service is made available to the End-User under the license terms of the relevant third-party software.
6.1 The Service is integrated with or may otherwise communicate with third-party applications, websites and services (“third-party applications”) and third-party devices to make the Service available to the End-User. These third-party applications and devices may have their own terms and conditions of use and privacy policies, and the use of these third-party applications and devices is controlled and governed by such terms and conditions and privacy policies. The End-User understands and agrees that Studio Ludens does not endorse, and is not responsible or liable for the behaviour, functions or content of third-party applications or devices, nor for transactions that the End-User may enter into with the provider of such application and devices from third parties.
7.1 End-User can publish, upload, or otherwise create content to Service, including for example photos, text, messages, information and/or other types of content).
7.2 The End-User warrants with the regard to the Content that is uploaded that 1.) the End-User owns or has the right to upload or to publish such Content and 2.) that such Content, or its use by Studio Ludens, as described in these Terms & Conditions and/or Agreement does not infringe these Terms & Conditions and/or Agreement, or any rights mentioned in the User Guidelines, applicable law or intellectual property rights, advertising, personality or other rights of others.
7.3 Studio Ludens can check, evaluate or edit Content, but is not obliged to do so. In all cases, Studio Ludens reserves the right to remove or block Content for any reason at Studio Ludens’ sole discretion. Studio Ludens makes no commitment to remove or block specific Content.
7.4 The End-User is solely responsible for all Content that is published. Studio Ludens is not responsible for Content, nor does Studio Ludens endorse any opinion contained in Content. The End-User agrees that when anyone makes a claim against Studio Ludens in connection with Content that is published by the End-User, The End User will, to the extent permitted by legislation indemnify Studio Ludens and hold harmless against any and all damages resulting from such a claim.
8.1 Taking into account the rights granted to you under the Terms & Conditions and the Agreement you grant us the right 1.) to allow the Service to use the processor, bandwidth and storage hardware of your device to operate the Service, and 2.) to provide the End-User with advertising of Studio Ludens… In any part of the Service, the content to which the End-User has access, including its selection and placement, may be influenced by commercial considerations.
8.2 All Content created by the End-User through Repper is for personal use of the End-User and will not be used by Studio Ludens. However if the End-User gives prior written permission, Studio Ludens obtains a non-exclusive, royalty-free, perpetual (or, in jurisdictions where this is not permitted, a term equal to the duration of the Agreement plus twenty (20) years), irrevocable, fully paid and worldwide license for promotional purposes to use, reproduce, make available to the public (for example, perform or display), publish translate, modify, create derivative works of, and distribute the Content in connection with the Service through any possible medium, alone or in combination with other content or materials, in any way and by all means, methods or technologies, whether known or hereafter invented. In addition to the rights expressly granted herein, the End-Users retains all property rights, including intellectual property rights, to the Use Content.
9.1 Studio Ludens respects intellectual property rights and expects the same from you. Studio Ludens has established a few basis rules all End-Users should follow when using the Service to ensure that everyone can continue to enjoy the Service. The End-User must follow these rules and encourage others to do the same. The following are not permitted for any reason:
- copying, distributing, reproducing, ’ripping’, recording, transferring, performing for or displaying to the public, broadcasting or making available to the public any part of the Service, or any other use of the Service that is not expressly permitted under the Terms & Conditions and the Agreement or applicable law, or that otherwise infringes the intellectual property rights (such as copyright) in the Service or the content or part thereof;
- reverse engineering, decompiling, disassembling, modifying or creating derivative works based on the Service, content or part thereof, unless permitted by applicable law;
- circumventing any technology used by Studio Ludens, its licensors or a third party to protect the Content or Service;
- sell, rent, sublicense or lease any part of the Service;
- circumventing territorial restrictions imposed by Studio Ludens or its licensors;
- manipulating the Service by 1.) using a bot, script or other automated process, 2.) providing or accepting any form of compensation (financial or otherwise), or 3.) any other means;
- removing or changing any copyright, trademark or other intellectual property notices contained in or provided through the Service (including for the purpose of hiding or changing any indication of ownership or origin of another person);
- providing your password to another person or using the username and password of another person;
- ‘crawl’ the Service or otherwise use automated means (including bots, scrapers and spiders) to view, access or collect information from Studio Ludens or the Service;
- Selling a user account, or otherwise use accepting any compensation, financial or otherwise, to influence the name of an account;
Respect Studio Ludens and other End-Users of the Service. Do not participate in any activity, do not publish Content, or register and/or use username based on material that:
- is offensive, abusive, defamatory, pornographic, threatening or obscene;
- is illegal or intended to promote or commit an illegal act, including violations of intellectual property rights, privacy rights or property rights of Studio Ludens or a third party;
- the password contains or purposely contains the password of another user or purposely contains personal data from third parties or is intended to obtain such personal data;
- contains harmful content such as malware, Trojans or viruses, or otherwise prevents users form accessing the service;
- intended to harass or harass other End-Users;
- Issue or misrepresent your relationship with another End-User, person or entity, or which is otherwise fraudulent, false, deceptive or misleading;
- involves the sending of unsolicited mass mailing or other forms of spam (‘spam’), junk mail, chain letter or something similar;
- includes commercial or sales activities, such as advertising, promotions, contests, sweeptakes or pyramid schemes, which are not expressly permitted by Studio Ludens;
- links to, refers to or otherwise promotes commercial products or services, except as expressly permitted by Studio Ludens;
- prevents or disrupts, interferes with, or attempts to test, scan or test for vulnerabilities in the service or computer systems, the network, Studio Ludens’ security rules or security components or authentication measures of Studio Ludens or other security measures applicable to the Service, the content or part thereof; or
- is in violation of the Agreement, as determined by Studio Ludens.
The End-User acknowledges and agrees that the posting of Content that violates the Guidelines for uses may result in immediate termination or suspension of the Repper account of the End-User. The End-User also agrees that Studio Ludens may reclaim username of the End-User when reasonable, such as when the End-User has breached the Agreement.
The End-User should think carefully about how to use the Service and what to share. The Service includes socials and interactive functions, including the ability to publish Content, share Content and disclose certain information about the End-User. Remember that shared information or public information can be used by others on Studio Ludens or can be further shared on Studio Ludens or on the internet. Therefore, the End-User should use Studio Ludens carefully and be aware of the account settings. Studio Ludens is not responsible for the choice of the End-User to place material on the Service.
A password protects the user account of the End-user, and The End-User is solely responsible for the confidentiality and security of its password. The End-User understands that it is responsible for all use (including unauthorized use) of its username and password on the Service. If the username or password of the End-User is lost or stolen, or the End-User thinks that a third party has gained unauthorized access to its account, the End-User must notify Studio Ludens immediately and change its password as soon as possible.
Studio Ludens respects the rights of holders of intellectual property rights. If the End-User believes that any Content infringes its intellectual property rights or other rights, please refer to Studio Ludens. When Studio Ludens is informed by a proprietor of an intellectual property right that any Content infringes an intellectual property right, Studio Ludens may in its sole discretion remove such Content from the website, or take other steps that Studio Ludens deems appropriate, without prior notice to the End-user or other. If the End-User is of the opinion that the Content is not infringing, the End-User may in certain circumstances submit a counterclaim to Studio Ludens with a request to restore the removed Content, a request that Studio Ludens will or will not grant in its sole discretion.
Studio Ludens will make reasonable efforts to keep the Service operational. However, certain technical problems, maintenance work or tests, or updates that are required as a result of changes in relevant laws and regulations, may result in temporary interruptions from time to time. Studio Ludens reserves the right, periodically and at any time, if possible with prior notice, to change or stop functions or functionalities of the Service temporarily or permanently, without liability, except where this is prohibited by law, for valid reasons such as in case of actual interruption, modification or termination of the Service or a function or functionality thereof, or the need to repair the existing functions or functionalities.
Notwithstanding the foregoing, if the End-User has made prepayments for the Subscription that Studio Ludens permanently discontinues before the end of the prepaid period (defined in the Payments, Cancellations and renewal section), Studio Ludens will refund the prepaid amounts for the prepaid period after such cancellation. The End-User understands and agrees that Studio Ludens will make reasonable efforts, although not required, to maintain, support, upgrade, or update the Service, or to provide any or all specific Content through the Service. Studio Ludens may remove such Content from time to time without notice.
12.1 The Agreement remains applicable until the Agreement is terminated by the End-User or by Studio Ludens. However, the End-User acknowledges and agrees that the perpetual license the End-User has granted in connection with the Content, is irrevocable and therefore continues to apply upon termination or termination of the Agreement, regardless of their reason.
12.2 Studio Ludens may terminate the agreement at any time, or suspend access to the Service, including in the event of actual or suspected unauthorized use of the Service and/or content, non-compliance with the Agreement, or when Studio Ludens provides services and/or withdraw or remove content (in which case Studio Ludens will send the End-User a reasonable notice in advance). If the End-User or Studio Ludens terminate the Agreement, or if Studio Ludens suspends the access to the Service, the End-User agrees that Studio Ludens will not be liable or responsible to the End-User and that Studio Ludens will not refund any amount to the End-User that has already been paid, to the extent permitted by applicable law.
12.3 The End-User can terminate the Agreement at any time. For more information on how to terminate the account, the End-User can contact Studio Ludens via the customer service contact details on the website.
12.4 Articles 7, 8, 9, 11 13, 14 and 15 herein as well as all other articles of the Agreement which, explicitly or by nature, will remain in force, even after termination of the Agreement will remain in force.
The End-User understands and agrees that the Service is provided in the state in which it is available without any express or implied warranty or conditions. Studio Ludens makes no representations or disclaims all warranties or conditions relating to satisfactory quality, merchantability, fitness for a particular purpose or non-infringement, neither does Studio Ludens guarantee that the Service is free of malware or other harmful components. In addition Studio Ludens makes no representations and/or warranties regarding or accept responsibility for third party applications (or their content), user content, devices or other products or services that are advertised, no advice or information, oral or written, which the End-User obtained from Studio Ludens will create any warranty on behalf of Studio Ludens. During the use of the Service, the End-User may get access to functionality that filters explicitly content, but in spite of the use of the End-User of this function, the End-User may still be precluded by explicit content and you may not extend any extension of function.
Without limiting the forgoing, nothing in this article will limit the liability of Studio Ludens in the event of full or partial non-performance or insufficient fulfilment of its essential obligations to provide the Services under the Agreement. This article shall apply to the extent permitted by applicable law. In the situation that the End-User is a consumer, this article does not affect any legal consumer rights.
14.1 The End-User agrees that the sole and exclusive remedy for any problem or
dissatisfaction with the Service is to uninstall the software and stop the use of the Service. The End-user agrees that Studio Ludens has no obligation or liability arising out of or in connection with third party applications or the content that is provided through or in connection with the Service, and that the release of the End-User is related to its relationship which are managed by separate agreements with these third parties.
14.2 Under no circumstances is Studio Ludens, its representatives, shareholders, employees, directors, subsidiaries, licensor, suppliers liable for;
- any loss or damage (including indirect, special, incidental, punitive, immaterial or consequential damages) which cannot be foreseen.
- any loss of use, data, goods, profit or damage to equipment, in so far as those damage could have been prevented by following the advice of Studio Ludens to install updates for the Service, or if such damages is caused by failure to follow installation instruction, or because the End-User does not have any apparatus that meets the minimum system requirements that we list.
- Total liability for all claims relating to the Service, third party applications that exceed the amounts paid to Studio Ludens during the previous twelve months; or
- Non-performance, insufficient performance or late performance of obligations resulting from the Agreement by force majeure or for a reason that cannot be reasonably expected or out of reasonable control of Studio Ludens.
14.3 Nothing in this Agreement excludes or limits Studio Ludens liability for fraud, misrepresentation, death or personal injury caused by its negligence and, if required by applicable law, by its gross negligence.
The End-User agrees to indemnify and hold Studio Ludens harmless against all damages, losses, and expenses of any kind (including reasonable fees and expenses for lawyers) arising out of or related to: 1.) breach of the Agreement by the End-User, 2.) User Content that is published by End-User or to which the End-User otherwise contributed, 3.) any activity in which the End-User participated on or via the Service; and 4.) Violation of a law by End- User or the violation of rights of a third parties by End-User.
Except as stated in this article or as expressly agreed in writing between the End-User and Studio Ludens, the Agreement contain all terms and conditions agreed between the End-User and Studio Ludens and replace all previous agreements with regard to the subject matter of these agreements, both written and oral.
Dutch law applies exclusively to the Agreement conducted between End-user and Studio Ludens. Any disputes arising from the Agreement shall also be settled in accordance with Dutch law and by the competent Dutch court.
If you have any questions about the Services or Agreement, you can contact Studio Ludens via firstname.lastname@example.org.
Studio Ludens V.O.F. Albert Cuypstraat 238 C 1073 BP Amsterdam