Terms and Conditions
When you access our application “Disruptiverse” and use such application, you agree to be bound by these “Terms and Conditions” expressly and with full legal effect and therefore adhere to them; furthermore, you agree to be bound by our “Privacy Policy”; which is a constituent part of this instrument and we may refer to both instruments together as our “Agreement”.
You also agree to abide by the terms and conditions of the platform where Disruptiverse is running and the local and international laws of the place from where you access our application.
If you do not agree with the Agreement, do not continue to use Disruptiverse.
When we refer to Us, we will be referring to -Disruptive Studio INC- legally constituted in -Fontana, California, USA-; as well as its directors, shareholders, employees, advisors, contractors, suppliers, associates, agents and subsidiaries.
When referring to the “User” or “You”, it means the person using the Disruptiverse.
By accepting our Agreement, you expressly represent that you are of legal age in your home country to be bound by legal terms and you agree to act without fraud, bad faith or any other breach of consent that would invalidate our Agreement and waive the right to invoke any breach of consent at any time.
PURPOSE
Disruptiverse is a virtual simulation of a world where users can interact with each other, communicate with other users, tour virtual places, visit buildings and simulate real actions.
NOTICE: This application is designed to run on Quest 2 or higher devices. Its performance is designed for Quest 2 or higher.
REGISTRATION AND ACCESS
To use Disruptiverse, you must provide a unique username, password and your email address, which together are called Credentials, which allow you to identify each user who logs in to Disruptiverse.
To log in to Disruptiverse, you must enter your Credentials. If you lose your credentials, you can recover them through the email address you provided at registration.
It is your sole responsibility to keep your credentials in a safe place, not to disclose them or reveal them to third parties to prevent anyone else from using your Disruptiverse user account.
If, for any reason, your account is suspended or used, you will not be able to generate a new one.
If you only wish to enter Disruptiverse without registering, you may do so as a “Guest”, but this does not exempt you from complying with this Agreement.
CURRENT
This Agreement is effective from the moment you generate your Credentials or enter as a Guest and continues in effect indefinitely until you stop using the Disruptiverse.
We may terminate this Agreement by operation of law, without the need for a court declaration, when you fail to comply with the Agreement, with the rules of the platform where the Disruptiverse is executed or when you fail to comply with any local or international law.
TERMINATION OF THE AGREEMENT
This Agreement will also terminate, without liability to us and without prior notice to you, in the following cases:
- When ordered by an authority empowered to do so.
- When the platform on which the Disruptiverse is executed prevents its execution.
- If the user stops using his/her account for more than 12 consecutive months.
ACCOUNT SUSPENSION
We may suspend your account temporarily, at any time, for good cause which shall not be indefinite.
This Agreement will continue to be legally effective when the suspension of your account is resumed.
Occasionally, Disruptiverse may undergo upgrades or maintenance and this may prevent you from accessing Disruptiverse or your account.
If we detect that you are in breach of this Agreement, the rules of the platform where Disruptiverse is running or any local or international law, we may suspend your account or your guest access to Disruptiverse until we investigate whether you are in fact in breach of any of the above provisions.
We may also suspend your Account or your access to Disruptiverse when we suspect that you are attempting to breach the security of Disruptiverse or third parties.
If we determine that you have not failed to comply with any of these provisions, then you will regain access to your Account or Disruptiverse.
CANCELLATION OF ACCOUNTS
We reserve the right to terminate your account or access to Disruptiverse when we determine that you have breached this Agreement, the rules of the platform where Disruptiverse is running, or any local or international law.
In case of cancellation, you will not be able to generate a new account or access Disruptiverse again. When your account or access is terminated, We will have no liability for it.
CONFIDENTIAL INFORMATION
When we talk about confidential information we refer to any communication you receive when using Disruptiverse either from us or from other users, regardless of its nature and form of communication.
You may use the confidential information only to browse Disruptiverse and agree not to disclose it to third parties without our written authorization.
Disruptiverse, also understands that the communication between its users is inviolable so it will not make any kind of intervention in them or store them.
In the event that you use confidential information and thereby harm Us or third parties, you will be liable for the damages you cause by making full reparation for the damage actually caused, and your account and access will be terminated.
INTELLECTUAL PROPERTY
We own all the content that you can see in the Disruptiverse, according to the applicable laws of Intellectual Property; which includes the computer algorithms, documentation; as well as all its by- products: commercial name, icons, audio, images, logos, logos, videos, typographies, photographs, structure, interfaces, among others, that are visible to the user in the Disruptiverse.
Where we do not own the intellectual property, we represent that we are licensed by its owners to use the respective components.
You may not make or encourage the use of Disruptiverse content without our express written permission; demonstrate your interaction to the public for purposes other than merely demonstrating your activity within Disruptiverse.
You also may not delete, modify, disassemble, capture images, videos or audios of your interaction in the Disrutpiverse.
By browsing the Disruptiverse, we grant you a free, personal, non-transferable, limited, non- perpetual, non-exclusive license, which is in accordance with this Agreement.
This Agreement should never be construed as an assignment of rights that are legally vested in us under the terms of the Agreement itself and applicable laws.
RESTRICTIONS
You may not use Disruptiverse to commit abuses against third parties, crimes, violate laws or rules of the platform where Disruptiverse is executed.
You should also keep a decorous behavior with users interacting in the Disruptiverse.
Under no circumstances may you perform acts of promotion of products or services, market them or monetize your interaction on Disruptiverse.
You may not insult, defame, denigrate, discriminate, insult or use foul language in aggravation of another user.
The user is also prohibited from using Disruptiverse to express political opinions, distribute or perform erotic or pornographic acts, even through verbal communication, or incite other users to commit conduct contrary to this Agreement or any law or incite hatred.
LINKAGE WITH OUR SERVERS
You acknowledge that your username links to our servers on web forms outside of the Disruptiverse where you can configure and add items to the Disrutpiverse
LIMITATION OF LIABILITY
We cannot guarantee the uninterrupted and error-free use of Disruptiverse so we make no warranty, express or implied, by providing this application free of charge and on an “as is, as developed and as updated” basis.
We cannot be liable for the conduct of other users in contravention of this Agreement that may result in direct, indirect, incidental, special consequential, punitive or punitive damages to you.
We are also not responsible for cyber attacks by third parties or for the interruption of third party services used for the execution of Disruptiverse.
To use Disruptiverse, the User requires a terminal equipment and eventually access to Internet and communication with the platform where Disruptiverse is executed; which may generate the payment of considerations to third parties and that being out of our hands, we cannot answer for them.
INDEMNIFICATION
You release and hold Us harmless from any and all claims by You or any third party related to You and expressly waive any claim for indemnification for the use of the Disruptiverse.
IMPREVIEW
There are situations beyond our control such as wars, emergencies, accidents, fires, earthquakes, storms, epidemics, pandemics, communications and power line failures, for which we are unable to provide the services described in this Agreement.
AMENDMENTS TO THE AGREEMENT
During the term of the contractual relationship between the User and Us, the Agreement may be amended, so it is the User’s obligation to periodically review these terms and conditions to decide whether to use the Disruptiverse.
NULLITY OR VOIDABILITY
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.
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.
TRANSFER OF RIGHTS
The user may not assign, transfer or delegate this Agreement, or any of its obligations, or subrogate to third parties in any form valid in law, or encumber or mortgage any of the rights contemplated in the Agreement, without Our prior written consent.
Any attempted transfer or assignment in violation hereof shall be null and void.
HEADLINES
The headings of this Agreement are merely demonstrative, without constituting the literal interpretation of the provision it contains.
JURISDICTION
You agree that the interpretation of these terms and conditions shall be subject to the laws and courts of the state where we are located as specified in the preamble of this document.
Privacy Notice
When you access and use our “Disruptiverse” application, you agree to be bound by this “Privacy Policy”; which is a constituent part of our “Terms and Conditions” and we may refer to both together as our “Agreement”.
Disruptiverse will make the best effort to protect your personal data because we consider these as an invaluable legal heritage of our users, therefore, it is important that you carefully read this notice so you know what personal data we use, how we treat them, how you can request their deletion and in what cases we can transfer them.
If you do not agree to the handling of your personal data, simply do not use Disruptiverse.
When we refer to Us, we will be referring to Disruptive Studio INC legally constituted in -Fontana California, USA; as well as its directors, shareholders, employees, advisors, contractors, suppliers, associates, agents and subsidiaries.
When referring to the “User” or “You”, it means the person using the Disruptiverse.
By accepting our Agreement, you expressly represent that you are of legal age in your home country to be bound by legal terms and you agree to act without fraud, bad faith or any other breach of consent that would invalidate our Agreement and waive the right to invoke any breach of consent at any time.
RESPONSIBLE FOR YOUR INFORMATION
We, as the data controller, will respond to your requests by e-mail at –[email protected]– where a designated data protection officer will be in charge of monitoring and answering your requests.
In addition, if you would like a current copy of this instrument, you may request it through the same means and we will gladly provide it to you.
LINKS
By using Disruptiverse, you may eventually link to third party services or other platforms that we control other than this application and that may have privacy policies different from those stipulated here, so it is necessary that you carefully check the policies of services other than Disruptiverse to verify whether you agree with them and, if so, you wish to use these external services.
DATA WE COLLECT
When you use Disruptiverse, you may create an account that identifies you as a user in our application to tailor the experience to your personal tastes; in such cases, we will collect from you your email address for the purpose of resetting your password when you lose it, we will also ask you for a unique username and password, which together constitute your credentials to access Disruptiverse; these credentials are for the sole purpose of identifying our users.
If you log in as a guest, additionally, we may use identifiers of the device from which you are connecting or the platform where Disruptiverse is running, when provided by the service provider, to identify a user who does not wish to create an account with us.
We may use technical data about your geographic location, with your permission, to adjust the time zone of Disruptiverse to your reality.
We may eventually use common data for statistical purposes, which are not legally considered personal data because they do not individualize a person, as they are only intended to let us know how many users connect and from which locations in order to improve Disruptiverse’s provisioning.
On some occasions, we may collect movements that you make with controllers, voice or written communications; these are used to interact in Disruptiverse, but under no circumstances do we audit them, much less store them.
Under no circumstances will we collect data other than those mentioned here, much less those that are classified by law as sensitive and that refer to your ethnicity, biometric data, financial data, health data, sexual orientation, private communications, genetic information or political affiliations.
REFUSAL TO PROVIDE YOUR DATA
You may at any time object to providing the personal data specified in this instrument, but in such circumstances, you understand and agree that we may not be able to comply with our Agreement or provide you with the Disruptiverse experience in an adequate manner.
HOW WE COLLECT YOUR DATA
When you create an account on Disruptiverse or use Disruptiverse, you directly provide the personal data specified in this instrument.
Additionally, you may provide us with certain personal information when you contact us via e-mail, for which we must specify that we only require your username or Guest user ID; therefore, any other personal information you send us will not be stored in any way.
When you interact in Disruptiverse, movements of the controls of the devices you use, your voice, or written communications with other users can also be recorded; which only serve to interact with our virtual reality, but are in no way audited or stored.
In addition, the devices or platforms needed to run Disruptiverse can provide us with user identification information, which only allows us to know which particular user it is.
OF THE USE OF YOUR DATA
Your email address is used only to establish a mechanism to retrieve your Credentials when you need them.
Your user account and password are the credentials to access our platform and provide a unique and personalized experience for you.
Information from your device and/or the platform where Disruptiverse is running may also be used to personalize your experience in our virtual reality.
In addition, your username may interface with other databases on our platforms outside of the Disruptiverse application for you to add or remove content to Disruptiverse.
TRANSFER OF YOUR DATA
Except as noted in the preceding paragraph, we will never transfer the personal information we collect from you to third parties or use it for marketing purposes.
SECURITY OF YOUR DATA
Your data will be stored in Disruptiverse servers in a secure manner, implementing measures that, as far as possible, prevent unauthorized access by third parties to this personal data, its modification or disclosure.
Please note that every system is vulnerable, but we will make every effort to prevent our infrastructure from being attacked and to correct technological failures as quickly and efficiently as possible.
When we believe that your personal information may have been compromised, we will notify you immediately so that you can take appropriate action.
SECURITY
We will retain this data only for as long as you use our Disruptiverse application and for twelve months after your last access to our application.
After that time your data will be deleted from our platform.
When your account or access to Disruptiverse is terminated in terms of our Agreement, your data will be deleted, with the exception of the device identifier or the platform where Disruptiverse is running, to prevent you from generating another account or access.
YOUR RIGHTS
When using Disruptiverse, you have the following rights in relation to your personal data:
- Access to your personal data.
- Oppose us from processing or storing your personal data.
- Modify your personal data.
- Delete your personal data.
- Oppose the transfer of your personal data.
HOW TO ACCESS, MODIFY OR DELETE YOUR PERSONAL DATA; OR OBJECT TO OUR STORAGE OR TRANSFER OF YOUR PERSONAL DATA
If you wish to access, modify or delete your personal data; or object to our storing or transferring them; please send an e-mail to [email protected] specifying:
- Your user name.
- The right you wish to exercise (access, modification, deletion or opposition.
- In case of requesting access, just tell us what personal information you want us to provide you with and by what means you want us to provide it.
- In case of modification, let us know what personal information is to be modified.
- If you want us to delete your information, let us know what information you want us to delete.
- If you wish to object, let us know which part of this policy you object to so that it does not take effect for you.
JURISDICTION
You agree that the interpretation of our Agreement shall be subject to the laws and courts of the state where we are located as set forth in the preamble to this document.