- Rights to Intellectual Property
Unless otherwise specified, the Subscription is the property of Disruptcraft, and all source code, databases, functionalities, software, website designs, audio, video, text, photographs, graphics of all forms (collectively or individually, the “Content”), and the trademarks, service marks, and logos contained therein (the “Marks”), are owned and regulated by Disruptcraft. They are safeguarded by copyright and trademark laws and other relevant intellectual property laws or regulations of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as specifically provided herein, no part of the Subscription and no Content may be copied, reproduced, compiled, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without Disruptcraft’s explicit prior written permission. All rights in the Website, Content, and Marks are reserved by Disruptcraft.
- Material Ownership
Despite Disruptcraft’s ownership of Submissions, as outlined in Paragraph 6 (“User Feedback”), all designs and original source files created on behalf of the User (“Projects”) belong to the User, and the User alone owns the copyright for all Projects. If any legal operation results in Disruptcraft, partially or wholly, becoming the owner of a Project rather than the User, Disruptcraft irrevocably and perpetually transfers its entire interest in the Project to the User, without restriction. The User guarantees that all materials supplied to Disruptcraft as examples or materials to be integrated into a project during the design process are owned by the User and do not infringe or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any publicity rights. Disruptcraft reserves the right to publicly share the User’s design work (social media, website, etc.) unless otherwise agreed as stated in section 18 of this document.
- Third-Party Fonts
In cases where any Project includes fonts not owned by Disruptcraft and require a commercial license for the User to lawfully reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Disruptcraft will notify the User in writing that one or more Third-Party Fonts have been used in the Project, and that the User will need to purchase one or more licenses for the Third-Party Fonts from the respective rights-holder(s) to lawfully reproduce, distribute, or publicly display the Project. The notice will include sufficient information for the User to identify which licenses are required and whom to contact to purchase said licenses. As long as Disruptcraft has informed the User about the inclusion of Third-Party Fonts as described above, the User assumes all responsibility for any consequences resulting from the User’s failure to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
- User Declarations
- Forbidden Activities
The User shall only use the Subscription for purposes that the Subscription intends to offer. The Subscription may not be used in conjunction with any commercial activities except those that are related to the work performed by Disruptcraft on behalf of the User. Additionally, the User agrees not to partake in the following activities: unauthorized usage of the Subscription; extraction of data or content for creating or compiling a database or directory; evasion, disabling, or interference with security-related features of the Subscription; unauthorized framing or linking to the Subscription; deceit, fraud, or misleading of Disruptcraft or other users; disruption or imposition of an undue burden on the Subscription or Disruptcraft’s networks or servers; usage of the Subscription in an attempt to compete with Disruptcraft; deciphering, decompiling, disassembling, or reverse engineering any of the software that comprises or in any way forms a part of the Subscription; bypassing any measures on the Subscription designed to prevent or limit access to the Subscription or any part thereof; harassment, annoyance, intimidation or threatening of any of Disruptcraft’s employees, independent contractors or agents providing services through the Subscription; removal of the copyright or other rights notice from any Content; copying or adapting the Subscription’s software; uploading or transmitting, or attempting to do so, viruses, Trojan horses, or other materials including anything that disrupts any party’s usage of the Subscription or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Subscription; uploading or transmitting, or attempting to do so, any materials that act as a passive or active information collection or transmission mechanism; disparaging, tarnishing or otherwise harming Disruptcraft; using the Subscription in a manner that is inconsistent with any applicable laws, statutes or regulations.
- User Feedback
The User recognizes and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) is the exclusive property of Disruptcraft and Disruptcraft is not obligated to maintain the confidentiality of a Submission or to ensure its confidentiality. Disruptcraft is the sole and exclusive owner of all rights related to the Submission except for the rights granted to the User under Paragraph 2 (“Ownership of Materials”), and can use and disseminate a Submission for any lawful purpose without the need for permission, acknowledgment, or compensation to or from the User. The User agrees that it has the right to express and put forth the Submission and hereby waives all claims and recourse against Disruptcraft for its use of the Submission in accordance with the terms hereof and at its sole discretion hereafter.
- Management and Supervision
- Returns and Refunds
Disruptcraft does not offer refunds on the Subscription. Any request for a refund by the Client is evaluated individually on a case by case basis. In the event Disruptcraft decides to issue a refund to the Client, any materials created by Disruptcraft during the refunded Subscription period will remain under Disruptcraft’s ownership and are strictly forbidden from being used by the Client.
Disruptcraft maintains the right to alter, amend, modify, or remove any aspect or content on the Subscription for any reason at its exclusive discretion. Disruptcraft reserves the right to modify, end or discontinue the entirety or part of the Subscription without prior notice or liability to the Client.
- Connection Interruptions
Disruptcraft does not guarantee or promise that the Subscription will be constantly available and accessible. Issues related to hardware, software, or other factors may lead to delays, errors, or interruptions beyond Disruptcraft’s control. The Client agrees that Disruptcraft shall not be liable for any loss, damage, or inconvenience suffered by the Client due to their inability to access or use the Subscription during any service or connection interruption.
- Governing Law
This contract is subject to Romanian law.
In the event of any difficulty concerning the validity, interpretation, performance, or termination of this contract, the Parties shall endeavor to resolve their dispute amicably. In case of persistent disagreement, the Bucharest Tribunal will be seized by the most diligent party, including in case of appeal in guarantee or of the plurality of defendants.
In the event of a dispute arising between the Parties and for which only specialized courts would be competent to hear this dispute, the competent court will be the one designated for disputes within the jurisdiction of the Bucharest Tribunal, even in the event of a warranty claim or multiple defendants.
This clause shall prevail over any clause to the contrary and shall also apply in the event of summary proceedings.
The Subscription is provided on an “as is”, “as available” basis. The Client agrees that the use of the Subscription and Services is at the Client’s sole risk. Disruptcraft disclaims all warranties, either express or implied, in connection with the Subscription and the Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Disruptcraft makes no warranties or representations about the accuracy or completeness of the Subscription’s content or the content of any linked websites and assumes no liability for any content errors, inaccuracies, personal injury or property damage, unauthorized access to or use of Disruptcraft’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or similar items transmitted to or through the Website by a third party, or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of using any content posted, transmitted, or otherwise made available through the Website. Disruptcraft does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.
- Limitations of Liability and Indemnification
- User Data
The Client is solely responsible for all data transmitted to or that relates to any activity the Client has undertaken using the Subscription. Disruptcraft shall have no liability to the Client for any loss or corruption of any such data, and the Client hereby waives any right of action against Disruptcraft from any such loss or corruption.
- Electronic Communications, Transactions, and Signatures
The Client consents to receive electronic communications from Disruptcraft and agrees that all agreements, notices, disclosures, and other communications sent via email or through the Subscription satisfy any legal requirement that such communication be in writing. The Client agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Disruptcraft or through the Subscription. The Client waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
- Showcasing Design Work
Disruptcraft reserves the right to share design work on digital channels including social media, website, etc., unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Disruptcraft, which in turn would void the right of Disruptcraft to share or discuss the Client’s work publicly.
- Contact Information
For any questions or complaints regarding the Subscription, please contact Disruptcraft at: firstname.lastname@example.org.