Legal Terms & Conditions

Last updated: 10/03/2023

1. Your use of our services

Your use of the Dogstar website (www.dogstarcoin.com) and its interface (the “Dogstar”), software, APIs, services, mobile applications, and any other application, software, services, websites, and other related services provided by UPSTROOP, S.L. (hereinafter referred to Upstroop) or any third party designated by Us (collectively, with the Website, the «Service(s)») is subject to the terms set out below.
These Terms and any of the documents referred to in the Terms create a legally binding agreement between you and UPSTROOP, S.L. By accessing or using the Services, you agree to be bound by these Terms and all of the Terms. If you do not agree to these Terms, you may not access or use the Services. Please read the Terms carefully.
For the purposes of these Terms, references to “XTAR” means the digital token offered through the website dogstarcoin.com
The Services interacts with the reference implementation of the Stellar Network that is found here: https://github.com/stellar/stellar-core.

The Stellar network (separate from UPSTROOP)
UPSTROOP is not an exchange. UPSTROOP is only a user interface to Stellar and does not operate the Stellar Network. UPSTROOP is unable to control the actions of others on the Stellar Network. When using UPSTROOP, you are directly communicating with the Horizon Stellar API operated by Stellar Development Foundation. Transactions on the Stellar network are irreversible. UPSTROOP is not a custodian of your assets. We do not store any tokens, cryptoassets or private keys on your behalf.
UPSTROOP does not endorse anything

UPSTROOP does NOT endorse ANY asset on the Stellar network. Asset «listings» on UPSTROOP are NOT endorsements. UPSTROOP is a software client ONLY and does NOT conduct any independent diligence or review of any asset. Stellar is an open system meaning that scams and market manipulators may exist. Prices shown on UPSTROOP are for informational purposes and do not imply that they can actually be redeemed for a certain price.
The XTAR token separate from UPSTROOP
UPSTROOP manages the platform (dogstarcoin.com) but it’s not the owner of the XTAR tokens and do not manage the supply or tokenomics of the token.

2. Accepting these terms

To use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. If you do not accept the Terms, you must not access the Services.

3. Changes to these terms

We reserve the right to change or modify the Terms, at any time, for any reason, and at our sole discretion. If you have provided us your email, you will be notified of any changes or modifications through email. You may also be alerted of any changes or modifications via the Website. If you continue to use the Services after such change or modification, you will be deemed to have read, understood, and unconditionally agreed to such changes. If you have not read, understood, or unconditionally agreed to the changes or modifications, you must immediately cease usage of our Services and terminate your account.

4. Privacy policy

To make the Services available to you and process the transactions contemplated by these Terms, UPSTROOP will have to collect information and/or personal data from you. The information and/or data collected will be used and stored in accordance with our Privacy Policy. UPSTROOP may update the Privacy Policy from time to time. It is your responsibility to review the Privacy Policy.

5. User representations and warranties

By using our Services, you represent and warrant that you acknowledge, understand, and accept the risk of the following:
The Website is a user interface for the Stellar decentralized exchange. The exchange is hosted by numerous distributed nodes world-wide who are not under the control of any single entity or groups of entities. Upstroop does not control the Stellar decentralized exchange.
UPSTROOP is not a custodian of your assets. We do not store any tokens, cryptoassets or private keys on your behalf.
UPSTROOP does not manually curate the lists of assets that are displayed on the Website.
UPSTROOP has no obligation to audit, investigate, or restrict any assets that are displayed on the Website or otherwise made available through the Service.
UPSTROOP has no control over the development, operation, management, marketing, or any other activity of any of the assets that are displayed on the on Website or otherwise made available through the Service.
Any information displayed on the Website or otherwise made available through the Service, regarding an asset is community-sourced and may be incomplete or inaccurate.
UPSTROOP makes no representations or guarantees of accessibility at any time and for any length of time.
You assume all risk of: (i) guarding and storing your cryptoassets, tokens and private keys, (ii) auditing the quality, security, value, and merit of the assets that you transact, (iii) auditing the legality and legal compliance of your transactions of all assets with any counterparties, (iv) auditing counterparties with whom you create a trust line, and (v) using the Services to perform any operation or transaction.

6. Prohibited jurisdictions

UPSTROOP monitors the IP addresses of all inbound traffic to determine the originating location of any user, and accordingly will attempt to prevent access to the Services by users where regulatory requirements restrict the Services. UPSTROOP may restrict any geographic location, residency, or IP address at its sole discretion, at any time, without notice, to comply with legal restrictions.
It is prohibited to access or use the Services in the following jurisdictions: Cuba, Iran, North Korea, Sudan, Syria, Crimea region of Russia. This list may be modified from time to time, in UPSTROOP’s sole discretion.
Any user that is found to be using the Service from one of the aforementioned jurisdictions will lose access to the service.

7. Account terms

A. Registration for services
In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Services or as part of your continued use of the Services.

B. Account requirements

There are several requirements related to creation and maintenance of an Account:
You must be a human to create an Account. Accounts registered by «bots» or other automated methods are not permitted.
In order to open an Account, you must be age 18 or older. UPSTROOP does not target our Services to children under 18, and We do not knowingly permit any individual under 18 years of age to use our Services. If We learn of any user under 18, We will terminate the user’s Account immediately. You are responsible for complying with your country’s laws in case coming of age fixed above 18 years old.
A breach or violation of any term in the Terms, as determined in the sole discretion of UPSTROOP, will result in an immediate termination of your Account and your access to the Services.

8. Acceptable use

While using the Services, you must follow the Acceptable Use Policy («AUP») described in this section. «User-Generated Content» includes, without limitation: Account information, transactions, public keys, text, data, articles, images, photographs, graphics, software, applications, designs, features, links, and other content uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited in connection with your Account or your use of Services.
We may, at any time and without notice, remove any User-Generated Content, and suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of this AUP.
UPSTROOP has the right, but not the obligation, to monitor or investigate any User-Generated Content and use of the Services at any time for compliance with this AUP. Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion.
Compliance with laws and regulations

Your use of the Services, including the submission, posting, or uploading of User-Generated Content, must not violate any applicable laws, regulations, orders, judgments, decrees, guidance, or other legal authority, regarding subjects including, but not limited to, securities, commodities, money laundering, consumer protection, copyright or trademark laws, export control laws, or other laws in your jurisdiction (altogether, the «Laws»). Your use of the Services must not facilitate, support, or promote unlawful activities, including, but not limited to: fraud, drug trafficking, purchases on dark web markets, theft, illegal arms trafficking, human trafficking, abduction, extortion, embezzlement, corruption of public officials, acts of terrorism or terrorist financing, and intellectual property violations (altogether referred to as «Unlawful Activities»).
You are responsible for making sure that your use and access of the Services is in compliance with all Laws of your jurisdiction. UPSTROOP will have no obligation to monitor your compliance with any Law.
UPSTROOP’S rights to content

You acknowledge and agree that UPSTROOP own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with UPSTROOP, nothing in these Terms gives you a right to use any of UPSTROOP’s trade names, trademarks, service marks, logos, domain names, and/or other distinctive brand features.
Unless you have been expressly authorized to do so in writing by UPSTROOP, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

9. XTAR OR XLM awards, Etc.

A. Overview of XTAR/XLM rewards/gifts

At its sole discretion, UPSTROOP may gift you an amount of XTAR or XLM. These gifts may not follow any specific criteria ant the only purpose is marketing campaigns.
Gift Limits may be changed at any time, without notice. UPSTROOP may choose to cease gifting users, limit the scope and amount of a Gift, change the timing and method of how a Gift is provided, change the Gift eligibility criteria, and deny a Gift to any user, at its sole discretion, without notice or penalty, at any time.
In the future to be eligible to receive the rewards/gifts you may pass a KYC process, depending on the evolution of the legal framework and requirements.

B. Awards and payments

From time to time, UPSTROOP may sponsor programs to encourage certain usages of other services, technology, networks, or created, licensed or affiliated with UPSTROOP. These programs may have an award component wherein users may receive XLM or XTAR’s tokens if they achieve a certain goals, predetermined metric, or other accomplishment.
In order to be eligible for such gifts, you must:
Pass an Anti-Money-Laundering background check wherein you submit Personal Information to a third-party Know-Your-Customer vendor that checks your information for potential sanctions, money laundering history, criminal history, and/or other legal risks and restrictions. You must submit your government ID, address, full legal name, date of birth, nationality, social security number or passport number, and possibly other information.
UPSTROOP reserves the right to revoke or rescind any reward at its sole discretion if: (i) an award winner fails to submit adequate Anti-Money-Laundering information or fails to pass the Anti-Money-Laundering background check, (ii) there is reasonable suspicion that the winner has committed fraudulent, manipulative, or unlawful activity or has been non-compliant with the Terms, and/or (iii) for any other reasons that may create legal, regulatory, or reputational risk for UPSTROOP.

10. Disclaimer of warranties

Your use of the Services is at your sole risk. UPSTROOP provides the Services «as is» and «as available,» without warranty of any kind. We expressly disclaim all warranties, whether express, implied, or statutory, regarding the Services, UPSTROOP granted to You by Us including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
UPSTROOP does not warrant (i) that the Services will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure, reliable, or error-free; (iii) that the information provided through the Services is accurate, reliable, or correct; (iv) that any defects or errors will be corrected; (v) that the Services will be available at any particular time or location; (vi) that the Services are free of viruses or other harmful components; (vii) that your use of the Services will not result in any loss of value or assets by you.
You assume full responsibility and risk of loss resulting from your use of the Services or any software, information, content, or other material obtained from the Services. You assume full responsibility and risk of loss resulting from transactions and trades made using the Services. You assume full responsibility and risk of storing, retrieving, and using your cryptoasset private keys on the Services in a secure manner.

11. Limitation of liability

You understand and agree that We will not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from:

• your use or inability to use the Services;
• any breaches by hackers of your account;
• any modification, change, suspension, discontinuance, malfunction, delay, or interruption of the Services, any reimbursement programs, and any award programs.
• the Services generally or the software or systems that make the Services available;
• unauthorized access to or alterations of your transmissions or data;
• your storage, handling, security, privacy, and use of your cryptocurrency keys;
• statements, conduct, or intervention of any third party on the Services;
• any other user interactions that you input or receive through your use of the Services;
• any Gifts, rewards or XLM OR XTAR made available to You by Us;

any problems that may result from the use of UPSTROOP technology or the Stellar network; or

any other matter relating to the Services.

You agree to accept all risk and liability associated with any of your interactions with Us or Our Services.
You agree to indemnify and hold Us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees (collectively, the «Indemnified Parties») harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising out of or relating to (1) an assertion that Your User-Generated Content or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity’s trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) Your violation of any rights of a third party; (3) any breach by You of your obligations under these Terms; (4) Your unlawful and/or unauthorized use of, or activities in connection with the Services; (5) Your violation of any applicable Law; (6) Your access to, use of, or inability to use the Services; and (7) any negligent acts, omissions or willful misconduct by You. The foregoing indemnities shall survive expiration or termination of these Terms.
TO THE EXTENT NOT PROHIBITED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY BREACH OF ANY TERM IN THE TERMS, NEGLIGENCE, OR OTHER DEFAULT SHALL NOT EXCEED THE AMOUNT OF $10. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. Binding class action waiver and governing law

THE BELOW TERMS CONTAIN AN CLASS ACTION WAIVER, YOU SHOULD READ THE CLAUSE CLOSELY, BECAUSE IT AFFECTS YOUR RIGHT TO SEEK JUDICIAL REMEDIES FOR ANY CLAIMS YOU MAY WISH TO ASSERT.
YOU SHOULD TAKE FURTHER STEPS TO CONDUCT RESEARCH AND CONSULT WITH OTHERS, INCLUDING, BUT NOT LIMITED TO, AN ATTORNEY REGARDING THE CONSEQUENCES OF YOUR ACCEPTANCE OF THESE TERMS.

Governing law

The governing law shall be the laws of Spain.

Class action waiver

By acceding to these Terms, you waive your right to proceedings in court, and your right to assert any class action, class arbitration, or other class or representative claims on behalf of yourself and other persons.
You will only be permitted to pursue claims against on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

13. Miscellaneous

A. Governing law

The Terms, and your relationship with UPSTROOP under the Terms, shall be governed by the laws of Spain, without regard to conflict of law provisions.
B. Complete agreement

The Terms and the documents referred to in these Terms constitute the whole legal agreement between you and UPSTROOP and govern your use of the Services (but excluding any services which UPSTROOP may provide to you under a separate written agreement), and completely replace any prior agreements between you and UPSTROOP in relation to the Services.

C. Non-assignability

You may not transfer, assign, charge, or otherwise dispose of these Terms, or any of your rights or obligations arising under them, without our prior written consent. Any unauthorized assignment and delegation by you is void.
We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of our rights or obligations arising under it, at any time during its term.

D. Section headings and summaries

Throughout these Terms, each section includes titles. These section titles are not legally binding.

E. Severability, no waiver, and survival

You agree that if UPSTROOP does not exercise or enforce any legal right or remedy which is contained in the Terms (or which UPSTROOP has the benefit of under any applicable law), this will not be taken to be a formal waiver of UPSTROOP’s rights and that those rights or remedies will still be available to UPSTROOP.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid or unenforceable, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

F. Amendments

These terms may only be modified by a written amendment signed by an authorized representative of UPSTROOP.

G. Questions

Questions about the Terms should be sent to hello@upstroop.com

14. Trademark disclaimer

XTAR™ is a trademark of UPSTROOP. Product names, logos, and other trademarks referred to within the Services are the property of their respective trademark owners, as applicable.

RISKS WARNINGS

Risks related to cryptography and XTAR tokens.

Market Stagnation.

if the liquidity of the market has stagnated, its price may show a high volatility, as well as XTAR token holders may experience liquidity problems at some point.

Increase or decrease in cryptocurrency prices because of speculative trading risks

The evaluation of cryptography in the collateral or secondary market is often nontransparent and highly speculative. XTAR tokens do not provide their owner with any ownership rights over the company’s assets. XTAR tokens do not provide any material value.
The price of XTAR can be very volatile in a short period of time. There is an extreme risk that the XTAR token holder may lose the funds paid for the XTAR tokens. The worst-case scenario is when their value drops to zero. XTAR Token can have a zero-market price.
There are no predictions or guarantees regarding the liquidity movement of XTAR tokens. UPSTROOP is not responsible for the future market value of the XTAR tokens, their liquidity, the transfer speed, and the possibility to enter several markets.

Tokens cannot be refunded

In addition to the cases provided by the applicable law or legally binding documentation, UPSTROOP is not responsible for the redemption of the tokens and the return of the funds to their owners.
There is no guarantee, and there will not be in the future, that the tokens are valuable and useful. The future value of the tokens cannot be promised. The return of the funds paid for the tokens may not be feasible in cases where a different version of the laws and regulations than the one acceptable on the UPSTROOP platform is appealed.

Saving tokens

The custody of crypto-currencies or tokens that are issued is not carried out by an entity authorized to provide investment services. The custody of crypto-currencies or tokens are based on what is known as distributed general ledger or blockchain technology, a new technology that is not risk-free, as described below.

Risks associated with technology and Blockchain

Risk of government intervention

UPSTROOP works in a new field of activity, which can be controlled and supervised to a great extent by various agencies, including increased attention from surveillance and research agencies. There is no guarantee that regulators will not conduct a detailed analysis of UPSTROOP activity.
Nor is there any guarantee that legal action will not be taken against UPSTROOP. These actions may include various sanctions, fines, disapprovals, warnings, and other punitive measures against UPSTROOP. Such retaliation may require UPSTROOP to reorganize its operations or reduce its offering of specific products and services. This may affect UPSTROOP reputation and lead to increased operating costs, which will negatively affect XTAR tokens and the UPSTROOP platform.

Legal Risks

The legal status of cryptography, tokens, block-chain technology, and digital assets in many jurisdictions is not defined or clarified.
It is difficult to predict which public authorities will regulate these technologies. It is difficult to predict the likely changes and modifications to the laws that regulate this in general, and also the applications with block chain technology, cryptographic tokens and digital assets. These changes may have a negative effect on XTAR tokens.
UPSTROOP can stop the operations in specific areas of jurisdiction, platform development and regional operations if those activities are considered illegal and economically unviable for those reasons.
Currently there is no specific legislation in Spain or in the European Union that specifically regulates this:

(i) the legal nature of the rights arising from the subscription, ownership or possession of cryptosystems or tokens.

(ii) The decentralized platforms which allow the exchange of cryptocurrencies.

(iii) The user interfaces to Decentralize Networks operated by companies.

In this regard, we refer to the recommendation of the «Banco de España» of February 8, 2018, on the «Unregulated Area » which establishes that if a person buys or has «crypto currencies» they do not benefit from the guarantees and safeguards associated with regulated financial products. This report also refers to the risks that we indicate and that may extend to this issue:

• Problems arising from the cross-border nature of the phenomenon,
• High risk of loss of invested capital,
• Liquidity problems and
• Extreme volatility and inadequate information.