By making use of Disruptive Bots Protocol services, you agree to be bound by these terms and conditions and therefore, you agree to respect the provisions, laws, international treaties and applicable regulations, both national and international that bind you; accepting strict compliance with them. If you do not agree with any of these terms or the applicable laws in force, you are prohibited from using or accessing our services. Applicable copyright and trademark laws protect the materials contained in this website. The Agreement shall govern the business relationship between you and Disruptive Studio.
By clicking 'I agree' or physically or electronically signing these Terms and also by ordering and accessing the Services, or any of them, on or through the Sites, Customer, freely, voluntarily and with full authority and capacity to do so, agrees to be bound by these Terms and accepts them. If you (as Customer) do not agree to be bound by all of these Terms, please do not use, utilize or access the Sites or the Service.
By virtue of this Agreement, when we refer to Disruptive Studio, we will be referring to Disruptive Studio, Inc. a company legally incorporated in Wyoming, United States of America.
User further understands that, Disruptive Studio provides Disruptive Bots Protocol technology of open use server requests and requiring GAS (cost of work required to perform any operation on a blockchain) to run automated trading systems (also understood as robot or bot), which uses Machine Learning algorithms to analyze around the clock market opportunities in the buying and selling of cryptocurrencies, to perform transactions with the aim of improving the economic income of the end user all together understood as 'Service'.
This agreement also regulates the use and access to the Service. The user will have at all times the power to configure the settings available on the platform, website or application, for the administration and operation of the bots. In no case, you transfer financial funds to Disruptive Studio, so Disruptive Studio does not use your money or cryptocurrencies for investment or trading of cryptocurrencies. When referring to 'customer', 'user' or 'you', it means the person, collective or legal entity that uses Disruptive Bots Protocol services. By making use of the services of this website and/or generating an account on our server and/or clicking on the box 'I have read and accept the terms and conditions'; the user agrees to comply with and submit to this Agreement; further acknowledges full legal capacity to contract and in the case of representing third parties, to have the power of attorney with which it acts without having been revoked or limited, and that it is sufficient to bind its principals under this Agreement; further that it acts without fraud, bad faith or any other vice of consent that could invalidate this agreement and therefore expressly waives to enforce or invoke it at any time and for that purpose.
Representation of value registered electronically and used among the public as a means of payment for all types of legal acts and whose transfer can only be carried out through electronic means; different from legal tender, except in jurisdictions where they are considered as legal tender in their legislation.
Account created by the user to access the services of Disruptive Bots Protocol, which is accessed by means of credentials consisting of a username and password that will be unique and non-transferable and with respect to which the user agrees to keep for his personal use without allowing in any way the disclosure of his credentials.
Digital platforms or cryptocurrency exchange markets.
Set of web pages owned by Disruptive Studio, visible through the e-mail address https://www.disruptivestudio.com/ and its subdomains
Disruptive Studio is a company that commercializes the Disruptive Bots Protocol server requests protocol, which is an open technology that requires a decentralized GAS system to operate bots, which are operated by you or your end users and connected, in turn, to the main exchanges, to which the end user directly provides their financial funds for the trading of cryptocurrencies; the bots are responsible for conducting the negotiations, under the user's supervision.
The user who wishes to use this Service must create an account through our website or, when available, through the application. For the creation of your account, you must provide data such as: your email address and generate a secure password, which together will be the credentials that the user will use to make use of our services; Additionally, you will be asked to provide your full and correct name, address, phone, ID, cell phone and Disruptive Studio may use biometric identification mechanisms to scan your face and verify that it corresponds with your ID, also gives Disruptive Studio your consent to corroborate the authenticity of your ID, the ownership of your email and cell phone; by mail or SMS verification. You are solely responsible for the non-disclosure or loss of your Login Credentials and use of your Account. You may not permit use of your Account by any third party. If, for any reason, your Account is suspended or terminated, you are no longer entitled to use the Service, even if you create a new account. You expressly declare, under oath, that all the documents you provide are authentic, that the information you provide is real, that the funds with which you pay for the Service are of lawful origin 5 and that you will not carry out any fraudulent act or act with resources of unlawful origin to the detriment of Disruptive Studio or third parties.
This Agreement is effective when you create your account, is for an indefinite period of time and will last for as long as you continue to use our Service. Disruptive Studio or the User, may terminate this Agreement, as of right, without the need for judicial declaration, under the terms specified in this instrument. If the user ceases to use the Service or the user's account is suspended, terminated or deleted by the user, the user will not be entitled to a refund of any amounts paid to Disruptive Studio and not used by the user.
At any time, Disruptive Studio may terminate the Agreement, without liability to Disruptive Studio and without notice to You, in the following cases: a) By order of a competent authority that substantiates and justifies the cause for proceeding. b) When Disruptive Studio detects that you are in breach of this Agreement or any applicable local or international law. c) Due to the death of the user. d) When the user fails to comply with its payment obligations to Disruptive Studio. 6 e) For the closing of operations of Disruptive Studio. f) When for reasons beyond the control of the Parties it is not possible to continue providing the Service. Termination of this Agreement shall not prejudice any right of action or remedy at law
The fee for account creation and the fee for the purchase of licenses will also be specified on our website. You will pay Disruptive Studio the Fees mentioned in this provision, through the means of payment available on the Website. You irrevocably authorize us to charge the Fees to your credit card if such payment method is available on the Website and has been selected by you. Fees are nonrefundable. You hereby irrevocably waive your right to a refund of the Fees paid upon termination of the Agreement.
Our Services and the use of the purchased license are exclusively for interconnection; therefore, the user is solely responsible for the operations performed.
Each of the parties agrees to pay any tax contribution or expense that may be payable by them in accordance with the applicable tax legislation. 7 Customer is solely and exclusively responsible for determining what taxes, if any, apply to Customer's transactions in connection with or resulting from the Service made available to Customer or its users ; without us being in any way responsible for determining such applicable taxes.
Disruptive Studio, may temporarily suspend all or part of the services provided to the user, at any time, for good cause for it; temporality may not be indefinite. In the event of suspension, the agreement shall continue to produce all its legal effects once the causes that gave rise to it have disappeared. When Disruptive Studio detects a violation of this agreement or any applicable national or international law, it may immediately suspend the user's account, without notice to the user, pending an internal investigation to determine whether the violation has occurred. Accounts may also be suspended when the user has not paid fees due to Disruptive Studio or when the available payment method chosen by the user has been rejected. Disruptive Studio may also suspend your account when it suspects that your computer security has been breached or when it is suspected that the user is attempting to carry out cyber attacks. In addition, accounts may be suspended if the user's identity is not corroborated. When an account is suspended, all of your information will be retained, in its current state and unaltered. Once the risk has disappeared or the circumstances return to the state they were in at the time of contracting and Disruptive Studio considers it viable to continue providing its service to the user, the account may be reactivated. The suspension of accounts, in no case generates any responsibility for Disruptive Studio.
The user's account may be canceled by Disruptive Studio, in this case, the user will not be able to use, have, or create other accounts. The cancellation of the account may be notified to the user, but the lack of notification does not generate any responsibility for Disruptive Studio. Accounts may be unilaterally terminated by Disruptive Studio without liability to Disruptive Studio for failure to comply with any of the provisions agreed to in this agreement or in any applicable national or international law. Disruptive Studio, may also cancel the user's account, when the user incurs in a serious case of inappropriate use of your account, even if it is only once. In the cases of account cancellation described in this provision, Disruptive Studio may keep the information and data stored and unaltered.
Confidential information shall mean any information whether oral, printed, contained in documents, messaging applications, emails, magnetic media, optical disks, microfilms, videos, conversations and any type of file or media that can store information regardless of its nature, that the user receives from Disruptive Studio and that it contains:
The user will only use the information provided by Disruptive Studio, for purposes related to its business, committing the user to maintain the strictest confidentiality regarding the information received, warning of the duty of confidentiality and secrecy to any natural or legal person who, by their relationship with the user, must have access to the information provided for the proper fulfillment of the user's obligations to Disruptive Studio. In this sense, it is understood that the user must ensure that each individual or legal entity that accesses the information disclosed by Disruptive Studio and is under his command or hierarchy, adhere to the confidentiality commitment set out in this instrument. Likewise, the user will adopt with respect to the information subject of this agreement the same security measures that normally would be adopted with respect to confidential information of their own business or interests, avoiding by all means at their disposal the loss, theft or subtraction of the information shared by Disruptive Studio. The user agrees that during the term of this agreement, any confidential information may not be sold, leased, loaned, recorded, negotiated, disclosed, published, taught, disclosed, transmitted or otherwise disclosed or provided to any natural or legal person by any means, even if it is to include or deliver it in other documents such as studies, reports, proposals, bids, in whole or in part, for any reason to third parties, without the authorization of Disruptive Studio, to perform such action. Likewise, the user assumes the obligation not to disclose confidential information for a period of up to ten years, or the maximum allowed by applicable law, computed from the term of this instrument. If the user is obliged in an administrative or judicial procedure to deliver confidential information to Disruptive Studio, he/she must give notice to Disruptive Studio immediately in order to legally protect his/her interests. The ownership rights of the information covered by this agreement belong to Disruptive Studio and the fact of providing it to the user for the purpose mentioned in this agreement, does not change this situation, which implies that Disruptive Studio, will retain for itself the rights inherent in the ownership of the information that is made available to the user. Consequently, in no case and for no reason shall it be understood that the confidential information shared by Disruptive Studio to the user shall constitute a co-ownership and the user acknowledges that the fact that Disruptive Studio shares confidential information does not grant any license, patent or intellectual property 11 right over it, and that the disclosure of the information shall not give rise to any obligation to Disruptive Studio to grant any right over such information. In the event that the user breaches the duty not to disclose confidential information, Disruptive Studio shall be entitled to the profits or other compensation that the user should have earned on such transactions, and additional recovery permitted by law, for any damages incurred. The user expressly authorizes Disruptive Studio to publish in any media the name of the user and the amount of bonuses that Disruptive Studio has paid for referring third parties to use and/or hire the services of Disruptive Studio.
Where the Service provides hyperlinks to third party websites, links by technologies to other servers or interconnectivity between third party equipment; this does not constitute a reliable endorsement by Disruptive Studio. Use of such links or interconnections is at the user's own risk. We cannot and do not warrant that the content of third party services is accurate, legal or inoffensive. We do not endorse the content of any third party website, nor do we guarantee that third party services do not contain viruses or otherwise affect the Customer's computer or computing environment. We assume no responsibility for the actions, products, services and content of all these and other third parties. If Customer decides to link to or use a third party's website, Customer should carefully review such third party's privacy statement or policy and the terms and conditions of such use. We also cannot guarantee the continuity or excellence of services provided by third parties.
The parties reciprocally recognize their moral patrimony as the set of non-pecuniary goods, obligations and rights, which constitute a universality of rights; made up of: Private life - Information inherent to the family, domicile, papers or possessions and all those conducts that are carried out in places not open to the public, when they are not of public interest or have not been disclosed by the holder of the right, with respect to partners, employees, suppliers, associates or persons related to the parties. Honor.- Being the valuation that people make of the ethical-social personality of the parties or partners, employees, suppliers, associates or persons related to them; which includes good reputation and fame; as well as unnecessary expressions in the exercise of freedom of expression and right to information that carry implicit insulting manifestations, insidious insinuations and vexations. Self-image: Understood as the identifiable reproduction of specific characteristics of the parties that should not be published, reproduced, exhibited or sold in any form without their consent, unless such reproduction is justified by the notoriety of the party or when the reproduction is made in connection with facts, events or ceremonies of public interest or that take place in public and are of public interest. By virtue of this, the parties, in their relationship with third parties outside this instrument, are obliged to protect the image, honor and private life of their counterpart; including slander, libel or public statements that may affect them and by virtue of which, upon breach of this obligation, the party that affects the other, shall be obliged to indemnify it for the damages caused to it.
All communications between the user and Disruptive Studio, in order to have legal effects, must be made between the official email of Disruptive Studio and the email registered by the user at the time of opening your account; or through the system of notifications and communication channels that are enabled on the website and / or applications of Disruptive Studio; to the extent they are available. Therefore, both the user and Disruptive Studio, are obliged to constantly check their respective email inboxes and notification systems, including SPAM, junk mail or its equivalent. Communications made via telephone or videoconference, which may arise between the parties, shall have legal effects only if they were recorded, with the prior authorization of the parties and if they remain unaltered. Also, postal communications made between the parties between the official address of Disruptive Studio and the address of the user registered in your account will be effective, provided that there is an authentic record of receipt.
Correspond to Disruptive Studio or it has license on all rights derived from the applicable laws of Intellectual Property on the content of the website, platform, applications, protocol, computer 14 algorithms and documentation; as well as all its by-products: trade name, icons, audio, images, videos, fonts, photographs, structure, interfaces, among others, which are visible to the user from our services. You may not copy, reproduce, modify, publish, encode, decode, translate, transmit, use, download or disseminate in any way, any content derived from our services, without the express written consent of Disruptive Studio. The documents, files, applications or other material that expressly on our website, application stores or repositories of authorized third parties that have the legend 'download'or similar, may be obtained by the User, for personal information and non-commercial use; being prohibited to disseminate it by any means.
To use the services of Disruptive Studio, the User may require a terminal equipment with internet access and updated browser; both compatible, which may generate the payment of fees to third parties for telecommunications service, for which Disruptive Studio will not be responsible; likewise, Disruptive Studio is not responsible for the quality of service of the user's internet provider. The user must immediately inform Disruptive Studio by any means, about any unauthorized use of your account or any other possible violation of the security of your data, without Disruptive Studio is responsible for the misuse of them by a third party. In that case, Disruptive Studio will immediately suspend the user's account and present or future transactions, until the possible security breach is resolved. 15 The user must use the services of Disruptive Studio only for legitimate purposes that do not contravene any law, international treaties or third party rights; in addition to using resources from lawful activities; being the user solely responsible for the use of the services provided by Disruptive Studio, who provides them in good faith. The user may not use Disruptive Studio's services by impersonating or falsifying his identity; nor use them to deceive third parties. The user must not send, store, transmit or receive through Disruptive Studio services content that is harmful to the network or the physical or computer infrastructure of Disruptive Studio or third parties, including any malicious code. Customer also may not access or attempt to gain unauthorized access to any part or feature of Disruptive Studio's services, its servers, databases or any computer system; by any means. User also may not track or attempt to track any information about any other user of or visitor to Disruptive Studio's services. In case of breach of this Agreement, your account and service may be suspended, limited or terminated; notwithstanding the indemnification cases provided in this agreement and the applicable legal actions in terms of current legislation. You grant Disruptive Studio the right to access, process and use your Data, including providing it to third parties, to fulfill the purposes of this agreement. Disruptive Studio, may without liability to it and at any time, without notice: modify, suspend or terminate operation of or access to the Website, Applications or Services for any reason; modify or change the Website, Services, Applications and any applicable policies or terms; and/or interrupt 16 the operation of the Website, Services and/or Applications as necessary to perform routine or nonroutine maintenance, error correction or other changes.
The service that Disruptive Studio commercializes is found and provided in the state in which they are found; without the user having the power to make any changes in the code, operation, design or appearance of the protocol or its parts. Disruptive Studio shall keep the protocol functional and provide care in accordance with our SLA. The parties agree that the protocol may be modified and updated for improvement purposes or to correct errors at Disruptive Studio's sole discretion, without notice to the user, which may result in service interruptions that release Disruptive Studio from any liability to the user
Disruptive Studio services may have services based on the Internet or decentralized networks, so the user understands and accepts that Disruptive Studio may automatically check the mode of operation of these, without liability for Disruptive Studio for service interruptions or loss of data that occur in connection with such actions. The products and services; as well as inherent computer services, may implement technological measures established to prevent and detect unauthorized use of these, if these measures detect that the use violates the terms and conditions of this contract or violates any provision of general observance, will qualify as a matter of breach, which entitles Disruptive Studio to terminate this contract with immediate effect and without notice.
User, unconditionally, absolutely and irrevocably agrees to indemnify, defend and hold harmless Disruptive Studio, as well as its directors, officers, shareholders, employees, consultants, contractors, suppliers, associates and subsidiaries; from any and all costs, claims, obligations, damages, penalties, causes of action, losses, injuries, liabilities and expenses (including, without limitation, reasonable attorneys' fees and disbursements) of any kind or nature with respect to any claim, liability or obligation for breach of this agreement or applicable local or international laws in force. For breach of this agreement, additionally, the user shall pay Disruptive Studio the equivalent of fifty thousand US dollars as a conventional penalty. The user expressly waives the right to claim or exercise legal rights or actions against Disruptive Studio for the operations that the bots, connected to the Disruptive Bots Protocol, perform in the purchase and/or sale of cryptocurrencies. Disruptive Studio has no custody or control over any of the bots connected to the Disruptive Bots Protocol, which are exclusively Customer's, based on Customer's access and receipt of the Service. The Client will be solely and exclusively responsible for the use of the Service and its bots, so the misuse of the protocol will imply indemnifying and exempting Disruptive Studio from liability. In the event Client has a dispute or claim against one or more customers or any customer or end user, Client releases Disruptive Studio from any and all claims, demands, damages, of every kind and nature, known and unknown, accrued and unaccrued, arising out of or in any way related to such disputes. By providing this release, Client expressly waives any protection, whether statutory or regulatory, whether based in contract or tort, whether based in law or equity, that would otherwise limit the coverage of this release to include 18 those claims that Client may know or suspect to exist in Client's favor at the time of accepting this release.
Disruptive Studio, shall have full control over the methods of performance and delivery of the Service and shall have the right, but not the obligation, in its sole discretion, to enter into written subcontracting arrangements and subconsulting arrangements with persons or entities of Disruptive Studio's choosing, any of which may or may not be affiliated or commonly controlled with Disruptive Studio.
Both Disruptive Studio and the user acknowledge that -between them- this agreement shall not be construed as constituting an employment, partnership, association, partnership, license or any other non-commercial relationship whereby Disruptive Studio offers a service and the user acquires it. The user is a customer of Disruptive Studio and agree this agreement is a business relationship that binds them both, therefore the payments made by the user to Disruptive Studio, will be as consideration for the licenses purchased and under no circumstances can be understood as investment, capitalization, loan or any other that generates a relationship other than that which derives from this isntrumento.
In case of death, disappearance or absence of the user, it will be Disruptive Studio's obligation to comply with this agreement, in favor of the person or persons previously designated by the user.
'Force majeure' shall mean: war, emergency, accident, fire, earthquake, flood, storm, storm, industrial strike, epidemic, pandemics, communications and power line failures, hurricanes and any other circumstance affecting the operation of the algorithm or its inherent tools, outside the scope of action of Disruptive Studio. It is also considered 'force majeure' external issues that are not within our power to manage such as market behavior, natural events, human events, Customer or third party errors, Artificial Intelligence learning, third party service providers in used by our technology. Disruptive Studio shall not be deemed to be in breach of the contractual obligations affected by the events of force majeure provided for in this Agreement, nor shall Disruptive Studio be liable to the other or to any third party, for any delay in performance or failure to perform any of its obligations to the extent that the delay or failure is due to events of force majeure.
Disruptive Studio does not at any time provide you with investment recommendations or investment, legal or tax advice. The Disruptive Bots Protocol service uses algorithms with room for error and, therefore, you assume responsibility for these when using the Service. Disruptive Bots Protocol, is not a market or stock exchange, since we do not operate directly in the purchase and sale transactions of cryptocurrencies, in addition Cryptocurrencies are not legal tender in the territory of our company, nor securities. By using Disruptive Bots Protocol, the user expressly consents to the algorithm executing connections configured by the user. There may be restrictions arising from the applicable regulations that prevent us from providing all of our services, especially for those users who reside in a country that restricts operations with Cryptocurrencies; Disruptive Studio, could block accounts that are attempted to operate from countries where it is prohibited to operate with Cryptocurrencies. Future prohibitions are political decisions of each jurisdiction beyond the control of Disruptive Studio, so we do not assume any responsibility for those decisions that prevent the user to use our Service, however, if the user uses these in a country where it is allowed, you can continue to operate the service. If the user moves to a country where he/she cannot use the Service, due to legal prohibition to do so; the user assumes that this is his/her responsibility and therefore exempts Disruptive Studio from any responsibility. Disruptive Studio, shall not be liable to the user, or any other person or entity claiming through the user, for any loss of profits, revenue, savings, investment or any other consequential, incidental, special, punitive, direct or indirect damages whether arising in contract or otherwise; these limitations shall apply regardless of the essential purpose of any limited remedy. Under no circumstances shall Disruptive Studio's liability to you, or any other person or entity claiming through you, exceed the amount actually paid by you to Disruptive Studio for use of the Service. Likewise, Disruptive Studio will not be responsible for the mismanagement of the Service by the user, nor for the environment in which it is executed or for cybersecurity attacks by third parties. All risks and costs associated with the negotiations of the Bots will be the responsibility of the user. Disruptive Studio shall not be liable to the user or any third party for any potential damages resulting from the use of the Bots connected to the Disruptive Bots Protocol, as it is provided 'as is' and 'as available' and the user disclaims all warranties, whether express, implied, statutory or otherwise. It is the user's responsibility to monitor the operation of the bots to decide whether to continue to use the bot as they have been doing. Disruptive Studio, also cannot guarantee that its service is free of errors or interruptions, or any defects; which, if any, will be corrected. All information provided on the website and/or application is subject to change without notice. We disclaim all warranties, express or implied, including warranties of accuracy, non-infringement, merchantability, fitness for a particular purpose, quality or performance. Disruptive Studio does not warrant that its services will meet your specific goals or needs. The user also assumes all responsibility for computer damage from browsing the website of Disruptive Studio, use the protocol and download their applications. The user declares that all his resources to pay Disruptive Studio's fees have a lawful origin, so it will be his absolute responsibility such operations; having to defend, indemnify and hold harmless Disruptive Studio, for any illegal conduct by the user. In terms of the current and applicable legislation, neither Disruptive Studio nor its related entities or associated third parties will be responsible for the decisions made by the Bots that will be supervised by the user. The Service executes operations configured by the Customer, according to the Customer's own decisions and the Customer assumes the risks. In connection with failures of third party providers, our Service will present failures that we will not be able to correct and therefore we do not assume any responsibility for it. The Service is limited only to the monitoring and execution of transactions, but the exchanges and third party service providers provide the final response to the Client. Disruptive Studio can only monitor the interconnectivity between the Client and our providers. If Disruptive Studio is prevented or delayed in the performance of any of its obligations hereunder by force majeure for a continuous period in excess of five months, the Parties shall negotiate in good faith and use their best efforts to agree upon such modifications to this Agreement or alternative arrangements that are fair and reasonable in order to mitigate its effects, but if they fail to agree upon such modifications or alternative arrangements within an additional thirty (30) calendar days, you may apply to the arbitral tribunal, in terms of the arbitration clause of this instrument, to modify this contract in a manner fair and reasonable to both Parties. In no event and under no circumstances does the Disruptive Studio service (i) constitute 'securities', or facilitate 'securities' transactions, and that by providing, nor do we act in any manner as a 'broker' of 'securities', or otherwise operate or act as a 'securities exchange', as each of those terms is defined in the Securities Act of 1933, as amended (the 'Securities Act') and the Securities Exchange Act of 1934, as amended, and the corresponding regulations promulgated by the U.S. Securities and Exchange Commission ('SEC') and the Financial Industry Regulatory Authority ('FINRA'), as well as any state or international securities laws; (ii) we also do not deal in 'commodities', 'commodity futures', 'over-the-counter derivatives,' 'exchange-traded derivatives', 'derivative contracts' or 'swaps', nor are we a 'broker' of 'commodities' or a 'commodity exchange' as each of these terms is defined in the Commodity Exchange Act of 1936, as amended, the Commodity Futures Modernization Act of 1936, as amended, the Commodity Futures Modernization Act of 2000 (collectively, the 'Commodities Act'), as amended, and the corresponding regulations promulgated by the United States Commodity Futures Trading Commission ('CFTC'), nor do we in any way facilitate transactions in commodities or commodity futures in a manner that would subject Disruptive Studio to regulation under the Commodities Act or the CFTC; (iii) we do not engage in 'foreign exchange' or a money 'services business' and we are not a 'foreign exchange' or a 'money services business'as each of these terms is defined in the Bank Secrecy Act of 1970, as amended, and the corresponding regulations promulgated by the U.S. Department of the Treasury, Financial Crimes Enforcement Network ('FinCEN'), nor do we in any way facilitate such activities in a manner that may subject us to regulation under the Bank Secrecy Act of 1970 or FinCEN; (iv) We do not engage in investment advice or discretionary input in connection with the application of third party funds, which would place us as an 'investment adviser' as contemplated by the Investment Advisers Act of 1940 and the regulations promulgated thereunder by the SEC. Accordingly, it is understood, acknowledged and agreed that neither the Services, the Software, nor any of DSI's activities are subject to regulation by the SEC, FINRA, CFTC, FinCEN or any similar state, federal or international agency, or in the same manner as standard transactions or the facilitation of transactions in securities, commodities, fiat currencies or virtual currencies. In the event that the Service provided and governed by this Agreement becomes subject to any such legislation or regulation, or any similar legislation or regulation, this Agreement and the provision and availability of the Service, or any of them, shall be suspended without liability, to the extent so subject, until such time as we are able to verify applicable regulatory compliance. Without limiting the foregoing, we make no representation or warranty that the Service is registered with any applicable state, federal or international agency, or that we are exempt from such registration. In addition, without limiting the foregoing, Customer represents and warrants that (I) Customer is not located in a country subject to a U.S. government blockade, and (II) Customer has not been identified as a sanctioned or restricted party. There are risks associated with the use of products made available through the Internet and blockchain technologies, including, without limitation, those associated with hardware, software and Internet connections, the introduction and interaction of malicious software, third party connections and unauthorized third party access to a third party wallet or user account. Disruptive Studio, shall not be liable in any way for any communication failures, interruptions, errors, distortions or delays that Client, or any of Client's customers or end users, may experience in accessing or using any results or functions available through the Services or the Software, however caused. Customer acknowledges and agrees that Customer's decision to access, consider, offer, sell, purchase, acquire, dispose of, transact or interact with any Virtual Item through the Service is Customer's and only Customer's or its end users, as applicable. Disruptive Studio will make all reasonable efforts to properly select the providers of the services it requires for the execution of the Disruptive Bots Protocol. However, Disruptive Studio is not responsible for the quality or content of third party services. The risks of dysfunction and/or results of the services provided by third parties are borne entirely by the Client.
The service is provided to the customer 'as is', without any warranties or representations, express or implied, including, without limitation, warranties of merchantability, accuracy of information provided, non-infringement or fitness for a particular purpose, quality or performance. We cannot guarantee that the service will meet your or your end users' objectives or that there will be no failures or interruptions in the provision of the service. The transfer of data between the Customer and/or its end users and third parties, using our Service, is the sole responsibility of the Customer. Optionally, the Customer may contract with Disruptive Studio a support plan, maintenance, update or new versions of the Service and being up to date in the payment of their balances for that concept; Disruptive Studio will guarantee the operation of the Service, only making the updates it deems appropriate and repairing the minimum technical failures necessary for the best performance of the Service.
Disruptive Studio, will collaborate with the competent authorities that support and motivate the legal cause for its actions; responding to your requests in the shortest possible time. Disruptive Studio, may disclose your data to the authorities, without prior notice, when so required by them for the fulfillment of their legally valid powers. In order for Disruptive Studio to cooperate with authorities, they must comply with these policies or otherwise comply with applicable law; have the authority to act in accordance with the applicable local law of the requesting authority. 26 Disruptive Studio, reserves the right to refuse requests from the authorities when the guidelines of the applicable legislation are not followed or to file the appropriate legal remedies for the benefit of Disruptive Studio and its data. Disruptive Studio is governed by the laws of the United States of America; therefore, each request will have to be analyzed in light of this jurisdiction, the laws governing the actions of the requesting authority and applicable international treaties.
Once the request has been analyzed by our legal team, it may be answered, if it does not oppose the regulations applicable to the specific case and if our legal department does not consider it appropriate to file legal remedies. 27 Requests for authorities' requirements may be sent to the e-mail address [email protected].
This Agreement, as well as any subsequent agreements entered into between the parties, constitute the entire agreement between the parties
During the term of the contractual relationship between you and Disruptive Studio, Disruptive Studio may amend the terms and conditions herein and you agree that once the amendments are posted on the Disruptive Studio website, all provisions of this agreement that conflict with the new terms and conditions shall be effective and superseded. It is your responsibility to review this Agreement each time you use our Service. Disruptive Studio, reserves the right, in its sole discretion, to discontinue the Sites or Service, or any of them, and/or modify the content of the Sites, or any of them. Client agrees that Disruptive Studio shall not be liable to Client for any such discontinuance or modification.
The declaration of any of these provisions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining provisions contained in this instrument which shall continue to bind the parties. The waiver of a party to demand at a given time the performance of one of the agreed covenants does not imply a general waiver nor can it create an acquired right for the other party. 28 Any ambiguity with respect to any provision of this agreement shall be construed fairly as to all parties and not for or against any party.
The Customer undertakes to use the service only for lawful purposes and to ensure that its end users and third parties related to them, will use it in the same way for lawful purposes, so the Customer will be responsible for any use not authorized by local or international law applicable to the use of the service governed by this Agreement.
The user may not assign, transfer or delegate this agreement, or any of its obligations, or subrogate to third parties in any way valid in law, or encumber or mortgage any of the rights under the contract, without the prior written consent of Disruptive Studio. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of Disruptive Studio and User, their respective successors and permitted assigns. A person who is not a party to this Agreement is not entitled to rely on or enforce any term of this Agreement.
For all purposes of this contract, including its negotiation, acceptance and subscription, all communications, notices and notifications sent by electronic means between the parties shall be considered valid.
The headings of the provisions used in this instrument are merely demonstrative, to guide on the content of the same, without under any circumstances being taken as explanatory or limiting text.
The failure of either party to exercise, and delay in exercising, any privilege, any power or any right hereunder shall not operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude the further exercise of any other right hereunder.
The parties recognize arbitration as a conventional institution whose purpose is the resolution of a dispute between parties by a third party, to whose decision they submit and which legally binds them, since it is based on the contractual freedom of the parties and the exercise of their free will. Thus, when a dispute occurs between the parties in connection with this instrument, at the option of Disruptive Studio and if the applicable law permits, the dispute may be resolved by a unitary arbitral tribunal whose arbitrator will be appointed randomly from the list of the arbitration platform http://asezzor.com/public/arbitros/ and where the arbitration rules published in http://asezzor.com/public/reglasarbitrales/ at the time the dispute occurs, and in a supplementary manner, according to the rules of the Arbitration Rules of the United Nations Commission on International Trade Law. The award shall be enforceable in the jurisdiction determined by the prevailing party to be legally competent. In the event that Disruptive Studio chooses to resolve the dispute in arbitration proceedings, the Client expressly irrevocably waives the right to have the dispute heard in the corresponding jurisdictions. If Disruptive Studio does not elect to submit the dispute or interpretation of this agreement to arbitration, the parties submit to the jurisdiction of the state or federal courts and legislation of California, United States of America; and only if they do not have jurisdiction, they will submit to the laws and courts of the domicile of the Client; expressly waiving any jurisdiction or immunity that may correspond to them due to their present or future domicile and that opposes this provision.