The website located at https://www.shopthru.xyz (“Website”) is a copyrighted work belonging to Shopthru Inc. (“Shopthru,” “Company,” “us,” “our,” and “we”). By signing up or otherwise accessing any Shopthru websites or services, including all associated features and functionalities, websites, platforms, mobile applications (“App”), and user interfaces, as well as all content and software applications associated with our services (collectively, the "Site"), you (“User”) are entering into a binding contract with Shopthru.
All such additional terms, guidelines, and rules, are incorporated by reference into these terms of use (these “Terms”).
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE OR SUBSITES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 18.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Description of the Services
- This company is a platform enabling businesses to customize offers and e-commerce experiences to unique demographics
- We reserve the right to modify, suspend or discontinue, temporarily or permanently, all or any part of our Site with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of our Site
- Customer and company acknowledge and agrees that the Services are dependent on the e-commerce storefront services offered to Customer by Shopify Inc. (“Shopify”) and the API offered to Company by Shopify (collectively, the “Shopify Services”). Company is not responsible or liable for the Shopify Services, and it is not a breach of this Agreement if company is not able to perform the Services due to unavailability of or errors in the Shopify Services
- NFTs sales are respectively minted and recorded on the appropriate blockchain protocol and network (the “Network”) that is outside the control of Shopthru and subject to many risks and uncertainties. The Network may operate on the Ethereum blockchain network (the “Ethereum Network”) and as such could be heavily reliant on the functioning of the Ethereum Network
- Sales could be recorded on the Ethereum Network that is outside the control of Shopthru. Shopthru is not responsible or liable for the functioning of the Ethereum Network or the Network, nor for the acts or omissions of any contributor to the Ethereum Network or Network that may affect the NFTs or sales. It shall not be a breach of this Agreement if Shopthru is unable to perform the Services due to any error or failure on part of the Network or the Ethereum Network.
- Upgrades to the Ethereum Network, a hard fork in the Ethereum Network, or a change in how transactions are confirmed on the Ethereum Network may have unintended, adverse effects on all blockchains using the Ethereum Network’s NFT standard, including Shopthru’s Services and the Network.
- Shopthru does not give advice or recommendations regarding NFTs, including the suitability and appropriateness of, and investment strategies for, NFTs. Customer understands that Shopthru will not be responsible for any communication failures, disruptions, errors, distortions or delays Customers may experience when using NFTs, however caused.
- SHOPTHRU DISCLAIMS ALL LIABILITY OF ANY KIND RELATING TO THE ACTS OR OMISSIONS OF THIRD PARTIES THAT ARE OUTSIDE THE CONTROL OF SHOPTHRU, INCLUDING THOSE RELATED TO THE SHOPIFY SERVICES, THE NETWORK, AND THE ETHEREUM NETWORK. THE SITE IS AN ADMINISTRATIVE PLATFORM ONLY. WE ARE NOT A WALLET, BROKER, DEALER, FINANCIAL INSTITUTION, EXCHANGE, CUSTODIAN, ROBO-ADVISOR, INTERMEDIARY, OR CREDITOR. THE SITE DOES NOT FACILITATE TRANSACTIONS BETWEEN BUYERS AND SELLERS, INCLUDING WITH RESPECT TO ANY TRANSACTIONS THAT OCCUR DURING A SWAP, OR WHICH TRANSACTIONS OCCUR ON THIRD-PARTY, UNAFFILIATED PLATFORMS. THE COMPANY IS NOT A COUNTERPARTY TO ANY TRANSACTION ON THE SITE OR FOR ANY USER OF THE SITE. NEITHER THE SITE NOR THE COMPANY PROVIDES FINANCIAL ADVISORY, LEGAL, REGULATORY, OR TAX SERVICES DIRECTLY, INDIRECTLY, IMPLICITLY, OR IN ANY OTHER MANNER, AND YOU SHOULD NOT CONSIDER ANY CONTENT CONTAINED IN THIS AGREEMENT OR OTHERWISE POSTED ON THE SITE TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL, LEGAL, REGULATORY, TAX OR OTHER ADVICE. THE COMPANY DOES NOT SUPPORT OR ENDORSE ANY WALLET, AND EACH WALLET IS AN INDEPENDENT AGENT WITH NO EMPLOYMENT RELATIONSHIP WITH THE COMPANY. THE COMPANY DOES NOT SUPPORT OR ENDORSE ANY MERCHANT, AND EACH MERCHANT IS AN INDEPENDENT AGENT WITH NO EMPLOYMENT RELATIONSHIP WITH THE COMPANY.
2. Installation of Software
- The User shall install all computer software, hardware, and security-related equipment required to access the services offered under the Agreement. The User shall bear all costs and risks associated with the installation. User to use software and services within the scope of the services, and such software, hardware and documents shall not be transferred, borrowed, or in any other way given to a third party. The User is liable for any damages ensuing from the improper use or behavior infringing the intellectual property right or other rights of Shopthru or third parties. If the User needs to install other software or hardware in order to run the software/hardware provided by Shopthru due to computer operational requirements, the User shall follow the installation guidelines provided by Shopthru and bear the costs and possible risks involved.