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Terms and conditions

1. Definitions

Where drafted in upper case, whether written in singular or plural, the following definitions are
applicable to the entire T&Cs.
Blockchain refers to a permissionless public online ledger supporting the distributed
recording of encrypted data, e.g., the Ethereum and Polygon blockchain.
Collector refers to any natural or legal person holding NFT from an NFT Collection
and claiming Utilities on the Platform.
Creator refers to any natural or legal person holding NFT from an NFT Collection
and using the Platform to associate utilities to an NFT Collection.
NFT refers to tokens complying with the ERC-721 standard and/or the ERC-1155 standard or other similar “non-fungible” token standard stored on a Blockchain.
NFT Collection refers to a series of NFTs which belong to the same collection, e.g., by having similar attributes or sold in a unique drop.
Utilities refers to the digital and/or physical utilities associated with an NFT Collection, through the Platform.
Parties refers to the Users and 3shop.
Platform refers to 3shop’s website and digital marketplace available at 3shop.com,
including all its subdomains.
Services refers to the intermediation services described in Section 6.
T&Cs refers to these terms and conditions.
Third-Party Service refers to any service operated on the Platform by a third-party.
3shop refers to 3shop SAS, a simplified joint-stock company, registered with the
trade and companies register of Nanterre under number 920 865 821, with
registered offices located 54 rue du Landy, 92110 Clichy, France.
User refers to all any natural or legal person accessing the Platform or using the
Services.
Wallet refers to a User’s personal and non-custodial digital wallet, holding the
Collector or Creator’s NFTs.

2. Purpose and scope

  1. 3shop operates the Platform which is a peer-to-peer online service through which:

  • Creators associate Utilities with an NFT Collection and define the criteria under which
    Collectors may claim it; and

  • Collectors obtain Utilities for which they qualify, according to the criteria defined by the
    Creator.

  1. 3shop acts solely as an intermediary, offering a digital infrastructure in order to facilitate such Utilities
    creation and claim.
  2. The purpose of the T&Cs is to define the conditions under which the Platform may be accessed and
    define the rights and obligations of Users and 3shop in this context.
  3. Due to the peer-to-peer nature of the Platform, the T&Cs do not govern any relationship of any kind
    (e.g., contractual) that may arise (i) between Collectors and (ii) between Collectors and Creators.
    Conversely, the role of 3shop is limited to the operation of the Platform and the provision of the
    Services.
  4. As to Creators, the T&Cs may be completed by specific terms. In such a situation and in case of
    contradiction between the T&Cs and specific terms, the specific terms shall prevail.

3. Pre-contractual information and warnings

3.1. Risks associated with the use of Blockchains and NFTs

  1. Accessing the Platform and using NFTs requires a deep understanding of Blockchain technologies
    and digital wallets and a good knowledge of the NFT market.
  2. Users understand that the legal framework of NFTs varies according to the jurisdiction in which they
    are located and NFTs may be banned or subject to a regulatory framework that could significantly or
    totally lower their value.
  3. It is also recalled that services based on blockchain technologies such as the Services are even more
    exposed to cyber-attacks, such as phishing and hacking practices, than other services.
  4. In case of any doubt or if they don’t fully understand the proper functioning of Blockchains, digital
    wallets or NFTs, Users should refrain from accessing the Platform and using the Services.
  5. All information and/or data provided on the Platform for Users are indicators only and nothing can be
    interpreted as a recommendation to carry out a specific action.

    3.2. Security

  6. Users and in particular Collectors acknowledge and agree that they are primarily liable for the security
    of their Wallets and their NFTs.
  7. Users must ensure that their Wallet is secure and should never share their Wallet credentials or seed
    phrase with anyone. 3shop will never ask for the User’s credentials associated with a Wallet.
  8. 3shop does not store any password or seed phrase, nor has any access to any User credentials,
    except the User’s address email when a User willingly decided to share it with 3shop, and therefore
    cannot be held liable for any security breach attributed to a User.

    3.3. Permission

  9. Minors below the age of fifteen (15) must obtain a parent or legal guardian's permission and
    supervision before using the Platform and Services.

4. Acceptance and amendment

4.1. Acceptance

  1. In order to be able to use the Services, Users agree to read and fully and unconditionally accept these
    T&Cs, which apply to any use of the Services and the Platform.
  2. These T&Cs are accessible at any time on the Platform and will prevail over any other version or any
    other contradictory document. Users should read these T&Cs carefully before accepting them.
  3. Each User acknowledges that he/she has, in his/her country, the capacity to contract with 3shop, and
    declares that he/she has read and accepted without restriction of reservation the T&Cs by signing with
    your Cryptocurrency Wallet on the Platform.

    4.2. Amendment of the T&Cs and evolution of the Services

  4. In order to improve their features and quality, 3shop may regularly modify the Platform and the
    Services. In particular, 3shop may add, remove or replace certain functions at any time.
  5. Therefore, 3shop may modify the T&Cs from time to time. Users will be informed of changes 15 days
    before the new version comes into force.
  6. During this period, any User may terminate the T&Cs, by any means (e.g., by sending an email),
    provided that he/she completes any commitment to which he/she has already agreed.
  7. Termination of the T&Cs by a User shall not give rise to any compensation.

    5. Services

  8. 3shop acts as an intermediary between Users by offering a technology facilitating the association of
    Utilities to NFT Collection.
  9. Although 3shop operates the Platform, Collectors understand that they acquire Utilities directly from
    Collectors, and not from 3shop, except as otherwise stated on the Platform.
  10. The Services provided by 3shop may evolve from time to time as 3shop may add, remove or delete
    certain functionalities of the Platform.

    6. 3shop’s commitments

  11. 3shop undertakes to perform its obligations with the care normally expected from a professional in
    his professional field and to comply with the professional customs in force.
  12. 3shop will make its best efforts to make the Services and the Platform available to the Users and
    ensure its accessibility and proper operation.
  13. To this end, 3shop undertakes to ensure that the Services are accessible 24/7, except in the event of
    force majeure or unforeseeable and unavoidable behavior on the part of a third party or a Third-Party
    Service and subject to potential breakdowns, maintenance interventions and updates required for the
    proper operation of the Platform or the Services.
  14. Due to the specific characteristics of the internet and telecommunications networks, 3shop cannot
    guarantee the continuous availability of the Platform and the Services.

7. User’s commitments

  1. Users agree and guarantee:
  • To comply with the laws and regulations in force in the country in which they are located and
    to refrain from disrupting public order and to avoid violating any legislative or regulatory
    provisions;
  • To refrain from all kind of fraudulent activities;
  • To implement all measures that might safeguard the security and confidentiality of their
    credentials;
  • That they are of legal age, or have obtain a parent or legal guardian authorisation and
    supervision, and have the capacity to enter into an agreement with 3shop and as the case
    may be, with other Users, in accordance with the laws of the country in which they are
    located;
  • To provide information that is truthful, accurate and free from error when interacting in and
    with the Platform and the Services, to keep this information up-to-date throughout their time
    using the Platform and the Services and to publish content that meets these same
    requirements;
  • To use the Platform and the Services in accordance with its intended purpose and objective.
  1. Users understand and accept that the following acts are strictly prohibited:
  • Any behavior that disrupts, suspends, slows or prevents the continuity of the Platform and
    Services;
  • The publication of illicit content, for example, images, videos, or other forms of media that
    depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found
    to constitute hate speech, or pornographic content or content that is in breach of an
    intellectual property rights or otherwise infringe upon the rights of others;
  • Any intrusion or attempted intrusion into 3shop's information systems;
  • Any action placing a disproportionate load on 3shop's digital infrastructures;
  • Any infringement of the security and authentication measures;
  • Any act infringing 3shop's rights and financial interests, whether commercial or legal;
  • Any copying and/or misappropriation of the Platform and/or 3shop's digital infrastructure;
  • More generally, any practice of misusing the Platform, for purposes other than those for which
    it was designed.

    8. Illicit content

  1. Throughout the Platform, 3shop makes available to the public an information society service within the meaning of Directive 2000/31/CE Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

  2. Consequently, 3shop shall not be liable in the event of illicit content published on the Platform that
    would violate applicable legislative or regulatory provisions or that would cause any prejudice to a User or a third-party.

  3. Users must refrain from publishing illicit content and are invited to notify illicit content and in particular
    content:

  • Making the apology of crimes against humanity;
  • Inviting to commit acts of terrorism or their apology;
  • Encouraging racial hate or hate against individuals because of their gender, their sexual
    orientation or identity or their handicap;
  • Of child pornography, content encouraging violence, in particular encouraging sexist or sexual
    violence and content against human dignity;
  • Having a violent or pornographic character;
  • Aimed at attacking legal or natural persons, in particular diffamatory content and insults;
  • Against public order or good morals;
  • Infringing intellectual property rights.
  1. Any User having the knowledge of an illicit content must use the functionalities available on the Platform in order to notify such illicit content to 3shop. Users can also send an email to the following address: contact@3shop.co.

    9. Liability

    9.1. 3shop's liability

  2. Users expressly understand and agree that access to the Platform and use of the Services is at the
    User's own risk, and that the Services and the Platform are provided on an "as is" and "as available” basis without warranty of any kind, either express or implied, except as otherwise provided by law.
  3. To the fullest extent permitted by law, 3shop does not represent or warrant that (i) access to or use of the Services or the Platform will be uninterrupted, timely, secure or error-free; (ii) data provided by the Services or on the Platform will always be accurate; (iii) the Services are free of malware or other harmful components.
  4. Users accept the security risks inherent in the provision of information, online trading on the internet and experimental technologies such as Blockchains and NFTs, and agree that 3shop shall not be liable for any breach of security unless caused by a gross negligence of 3shop.
  5. Some jurisdictions do not allow the exclusion of implied warranties in consumer contracts, therefore some or all of the above exclusions may not apply to all Users.

    9.2. Limitation of liability

  6. In any event, where 3shop’s liability may be established, for any reason and under any legal ground held or invoked, for all types of damages combined or cumulated, taking into account the free nature of the Services, 3shop’s liability will be expressly limited and will not, in any event, exceed 200 euros
  7. 3shop undertakes to implement all the necessary means to ensure the best delivery of the Services provided. However, 3shop can only be bound by an obligation of best endeavor.
  8. 3shop may only be obliged to the reparation of direct and foreseeable damages caused by a breach related to the provision of the Platform and the Services. Consequently, 3shop will not, in any circumstance, be held liable for any other damages and losses suffered by the User, in particular indirect damages (including but not limited to, earning or profit losses, commercial damages, the consequences of complaints, actions, claims of third parties against the User), even where 3shop has been informed of their occurrence.
  9. In particular, unless otherwise provided by law or regulation, 3shop shall not be held liable for:
  • Breakdowns or malfunctions of the Platform or Services lasting less than 24 hours or that are
    not the responsibility of 3shop;
  • Any technical difficulty related to the underlying Blockchain, in particular in case of
    congestion, dysfunction, fork or any other technical trouble related to the underlying
    Blockchain;
  • Data or NFTs losses of Users not being imputable to 3shop, in particular, but not exclusively,
    in the event of hacking or phishing of the User's Wallet, due to negligence in the security of its
    credentials;
  • An unusual or illegal use of the Services by by a third party or by a User;
  • Harmful or unintended consequences of the operation of Third-Party Services;
  • A malfunction or cyberattack;
  • Any case of force majeure, within the meaning of Article 1218 of the French Civil Code,
    including a failure of the blockchain protocol used to run the Services.

    10. Duration, suspension and termination

    10.1. Duration of the T&Cs

  1. The T&Cs are entered into for an indefinite term. The T&Cs shall stay in force as long as the User
    accesses and use the Platform or the Services.

    10.2. Suspension

  2. If a User is in breach of any one of his commitments under the T&Cs, 3shop may, temporarily and
    without prior notice, suspend access to the Platform and the Services.

  3. After an investigation period, during which 3shop shall, if applicable, verify the truth of the alleged
    violations, access to the Platform and/or to all of the Services, may be restored, or the T&Cs may be
    terminated in accordance with the terms below.

    10.3. Termination

  4. Users may terminate these T&Cs at any time by sending an email to the following email address: contact@3shop.co. After doing so, Users shall not access the Platform and use the Services, unless they accept the T&Cs again.

  5. In the event of a change in the applicable regulations and the interpretation made thereof by the relevant regulatory authority, affecting the capacity of 3shop or its employees to execute the
    Services, the T&Cs will automatically be terminated.

  6. Without prejudice to any other action, 3shop may terminate these T&Cs and block the User’s access
    to the Platform and/or the Services in case of material breach of these T&Cs and in particular:

  • If the User has used the Platform or the Services to conduct illicit, fraudulent or illegal
    activities in any manner;
  • If the User has used the Platform or the Services in a manner contrary to its purpose and its
    normal operation;
  • If the User has used the Platform or the Services in a manner detrimental to the interests of
    3shop in any manner.
  1. Users undertake to fully perform their obligations undertaken prior to the termination of the T&Cs.
  2. Termination of the T&Cs shall not result, in any event, in any compensation from 3shop to a User.
  3. The Platform may contain links or content redirecting to third-party websites or resources, which may
    be subject to different terms and conditions and privacy policies.
  4. 3shop is not responsible for the content available through such links. The presence of such links
    does not constitute an endorsement of the Third Party Services by 3shop.

    12. Intellectual property

    12.1. Platform and Services

  5. The Platform and all its functionalities, the Services, and more broadly any content generated by
    3shop are 3shop's sole intellectual property and are protected by all intellectual property rights in force.
  6. Access to the Platform or use of the Services does not grant any right of any kind to Users on the Platform or the Services. Any use, reproduction or representation in any form of the Platform, the Services or any Topee’s content without the express written permission of 3shop is strictly prohibited.
  7. Users also acknowledge and agree that 3shop is the producer of the database constituted by all the data generated through the Platform and the Services. Any extraction or re-utilisation of this database without the prior written consent of 3shop is strictly prohibited.

    12.2. NFT Collections and Utilities

  8. Except as expressly provided by the Creator, the claim of a Utility by a Collector does not confer any
    more rights on the NFT Collection that the Collector already owns.
  9. 3shop does not own any intellectual property rights on the NFT Collections, except as provided
    below.
  10. In order to use the Platform, Users grant to 3shop a worldwide, transferable, non-exclusive license to
    display on the Platform the file associated with the NFT Collection and all content published on the Platform by Users, for commercial purposes and for the entire duration of these T&Cs. All rights that
    are not expressly given to 3shop by the User under those T&Cs is retained by the User.

    13. Miscellaneous

    13.1. Nullity

  11. If any provision of the T&Cs is held invalid or void by a modification of legislation, regulation or by a court decision, the remainder of these T&Cs will not be affected thereby as well as compliance with the T&Cs.

    13.2. Assignment

  12. Users may not assign or transfer the T&Cs to a third party without the prior written consent of 3shop.
  13. In the event of (i) a merger by formation of a new company, contribution, partial contribution of assets,
    merger by acquisition, asset spin-off, or any other operation entailing a universal transfer of 3shop’s
    assets or (ii) any operation entailing a direct or indirect change of control affecting 3shop, the
    contractual relations will persist without it being necessary to inform or obtain the consent of the
    Users.

    14. Disputes and mediation

    14.1. Disputes

  14. Any dispute in relation to the use of the Platform and the Services shall be submitted to 3shop by
    sending an email to contact@3shop.com.
  15. It is recalled that 3shop is acting as a digital intermediary while providing the Platform. Therefore, any
    complaint, dispute or claim in relation to Utilities should be directed to the Creator of such Utility.

    14.2. European Union Commission’s mediation service

  16. In compliance with article L.616-2 of the French Consumer Code, Users having the status of
    consumers are informed that they may use the EU Commission’s mediation service which has the
    purpose of collecting claims from EU consumers and transmit their cases to national mediators.
  17. This service may be accessed through the following link: ec.europa.eu/consumers/odr/.

    15. Governing Law and Jurisdiction

  18. The T&Cs are governed by and interpreted according to French laws, except French conflict-of-law
    rules, unless, if you are a resident of the European Union, consumer rules in your country contain
    more favorable provisions, in which case such provisions apply.
  19. Unless otherwise provided by the law, any conflict or dispute related to the validity, the interpretation, performance, and/or termination of the T&Cs must be submitted to the exclusive jurisdiction of the Paris courts.
  20. Non-professional EU residents may submit any dispute related to the T&Cs in the jurisdiction where they were living at the moment of the acceptance of the T&Cs or in the jurisdiction where the damage occurred.###