TERMS OF SERVICE
Welcome to Shirtum’s website and APP (henceforth the APP). All users of the «Services» (defined below) must agree to the following terms (the «Terms of Service»). Under these Terms of Service, «we» and «us» refers to MDM Sports SLU (henceforth SHIRTUM) and its subsidiaries, affiliates, officers, agents, employees, representatives, and agents, and our «website» includes any website, app or subdomain under our control.
Please read these Terms of Service CAREFULLY. They include, among other provisions, disclaimers of warranties, limitations of liability, and binding arbitration. Please note that these Terms of Service may have changed since your last visit to our website. We may revise and update these Terms of Service from time to time in our sole discretion. In the event of a material change, we will notify you by posting the updated Terms of Service on this page, after which you must affirmatively accept the updated Terms of Service in order to continue using or accessing the Site or the Service.
If you do not agree to these Terms of Service, you may not use or access the APP or the Service.
This APP also allows you to purchase NFTs via purchase and also to sell or exchange NFTs with other users. Detailed rules regarding the purchases are available on this page.
SHIRTUM IS A MARKETPLACE. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. SHIRTUM FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF CRYPTO ASSETS OR BETWEEN ANY USERS. The NFTs that are sold in the APP belong to the Athletes, clubs or brands, who are the owners of them until they are acquired by the user. SHIRTUM offers a tool or marketplace for the commercialization of the NFTs, although it participates in their production and creation.
ALL TRANSACTIONS INITIATED THROUGH OUR APP ARE FACILITATED AND RUN BY THIRD-PARTY ELECTRONIC WALLET EXTENSIONS, AND BY USING OUR SERVICES YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE
1.- Identity of the Parties
The owner of the APP and provider of the services offered in the APP is MDM Sports SL, established in AD700 Escaldes-Engordany (ANDORRA) , CIF: L-715571-B.
The User is an individual or the legal representative of the organization for which the service is requested and registered on the APP using a username and a password, for which has full responsibility of use and custody, being responsible for the veracity of the personal data provided to the provider.
“NFTs” means Ethereum-based tokens implemented on the Ethereum blockchain using smart contracts. NFTs are intended to be “non-fungible” tokens representing a unique Collectible; however, certain NFTs may be fungible with one another (i.e., all such NFTs are associated with the same Collectible Metadata) while being non-fungible with other NFTs (i.e., such NFTs are associated with different Collectible Metadata).
«You» refers to you, the user, who uses or visits the APP and/or purchases NFTs on the APP.
Content. All content on Shirtum is created by Shirtum following hablar del contenido, que lo crea el jugador y que nosotros lo comercializamos.
Assets: Assets, both material (shirts, balls, boots, football boots, helmets etc.) and intangible (videos, audios, etc.) related to the history of the Club, which are digitized in the form of Tokens for its subsequent sale on the Shirtum Platform.
Smart contract: contract based on blockchain technology that supports all transactions carried out on the Platform automatically, immutable, transparent and completely secure.
- History: original and exclusive audiovisual content for Shirtum provided by the Club related to each and every one of the Assets marketed on the Platform.
- Athletes: professional athletes of any high-level field.
- Club: professional sports club of any high-level.
- Platform: Digital platform as a marketplace developed by Shirtum that allows Clubs to sell their Assets to fans from all over the world.
- Similar platform: Any company or entity that sells products of the same or analogous nature to those offered by Shirtum.
3.- Account Registration
By using or registering to SHIRTUM, you agree: you are at least 18 years of age; you have the authority to enter this agreement on behalf of yourself or the entity you represent, and will at all times remain in compliance with these Terms of Service and all policies and guidelines referenced herein; and you will not abuse our website, misrepresent your identity to us, or use artificial intelligence to complete any portion of any task on which requires human intelligence.
If you wish to BUY NFTs, you will need to register for an account on the Site. By creating an Account, you agree to
(a) provide accurate, current and complete the required Account information about yourself,
(b) maintain and promptly update from time to time as necessary your Account information,
(c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us. You alone are responsible for monitoring, ensuring and maintaining the security of your account, passwords, and any authentication keys associated with your account, and you are responsible for any use of or action taken through use of that information on the Services.
(d) immediately notify us if you discover or otherwise suspect any security breaches related to the APP, or your Account. Shirtum may block multiple accounts of the same user.
Also, you agree that you will not:
- buy, sell, rent or lease access to your Account or username unless you have our written permission first;
- share your Account password with anyone;
- log in or try to log in to access the APP through unauthorized third party applications or clients.
SHIRTUM may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism.
SHIRTUM may also require you to provide additional information and documents in cases where it has reasons to believe that:
- Your Account is being used for money laundering or for any other illegal activity;
- You have concealed or reported false identification information and other details; or
- Transactions effected via your Account were effected in breach of this Agreement.
In such cases, SHIRTUM in its sole discretion, may pause or cancel your transactions until such additional information and documents are reviewed by SHIRTUM and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, SHIRTUM may refuse to provide access to you.
By creating an Account, you also consent to receive electronic communications from SHIRTUM (e.g., via email or push notifications on the app). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
4.- Purchasing NFTs
The App allows you to purchase, earn, collect and showcase NFTs of athletes, clubs, brands, etc.
Purchasing NFTs. You can purchase NFTs in two ways:
(a) by buying NFTs from us on the App ; or
(b) by buying NFTs from other users in the App’s secondary market.
There are different NFTs available for purchase on the App, and we reserve the right to modify the types, prices and numbers of Packs available at our discretion. Depending on the type of NFT you buy, you will collect NFTs of varying levels of scarcity. Before you buy a NFT, we will let you know the types of content that are contained in that NFTs. If you buy a NFTs from another user in the Secondary market, you will know the exact content you are purchasing.
Earning NFTs. You can earn NFTs for free by participating in certain challenges or marketing campaigns on the App, or by completing certain in-App tasks that we may make generally available from time to time.
Characteristics of NFTs. NFTs are comprised of photographs, videos, statistics that are associated with the content and other type of content we decide to include in the NFT. Each NFT has a defined set of attributes – including scarcity – which help determine the value of the NFTs.
Subjectivity of NFTs. The value of each NFT is inherently subjective, in the same way the value of other collectibles is inherently subjective. Each NFTs has no inherent or intrinsic value. Some collectors might prefer to have a NFTs featuring a certain athlete, while another might prefer an equivalent featuring a brand or a club. Athletes, brands, and clubs can have more than one NFTs associated with them, and those NFTs will each have different characteristics.
Showcasing your collections. The “Collections” feature of the App allows to you organize your NFTs into collections, and show them to your friends.
5.- Payment and Taxes
To buy an NFT you must have enough balance in your wallet to purchase it. You can top up your wallet with money in euros or with $ SHI (Shirtum’s cryptocurrency). Once the NFT is purchased, the balance will be deducted from your wallet.
The procedure for buying and selling in the secondary market is the same. The price paid will be deducted from the buyer’s wallet and added to the seller’s, deducting the shirtum commissions for the transaction.
To connect your own wallet (metamask, trust wallet..) you’ll need to access the Shirtum web app or app → click on gallery → click on the three line top left icon → scroll down and connect wallet. Make sure you are using the right network (BSC) on your Web3 wallet.
For funding your internal wallet address provided by Shirtum, you’ll need to: Access to your web3 wallet (metamask, trust wallet..) → copy the contract address of $SHI token → add it in your web3 wallet →go to your gallery and click on top left icon displayed → open $SHI wallet and copy the address provided on Shirtum’s platform →go back to your metamask or trust wallet and click on $SHI token → send $SHI → make sure the destination address is the right one → paste it →select the amount of $SHI you want to send → confirm the transaction by paying the network fee → wait patiently for your tokens to appear on Shirtum’s platform.
For withdraw your $SHI from Shirtum’s platform you’ll need to: Having your web3 wallet connected → go to your gallery → click on the top left icon displayed → click on $SHI wallet → go to your web3 wallet and copy the address → go back to Shirtum platform → paste your copied address on “destination address” → select the amount of $SHI you want to withdraw → make sure all details are right → click on withdraw → your $SHI will appear a few minutes later on your destination address.
Tax Calculations. You are solely responsible for determining what, if any, taxes apply to your NFTS transactions. We are not responsible for determining the taxes that apply to your transactions on the App or your earnings.
NFT operations are subject to taxes and VAT in the country of residence of each of the participants.
6.-Third Party Services
The APP may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Service and are subject to the Terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications and are not under the control of SHIRTUM. SHIRTUM is not responsible for any Third-Party Websites or Third-Party Applications. SHIRTUM may provide these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Service, our Terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the APP. You agree that you will abide by this Agreement and will not:
- Use the NFTs in any way that is contrary to your grant of rights in the NFTs;
- Provide false or misleading information to SHIRTUM;
- Use or attempt to use another user’s Account without authorization from such user and SHIRTUM
- Use the APP in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the APP, or that could damage, disable, overburden or impair the functioning of the APP in any manner.
- Reverse engineer any aspect of the APP, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the APP;
- Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the APP that you are not authorized to access;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the APP, extract data or otherwise interfere with or modify the rendering of APP pages or functionality;
- Use data collected from our APP to contact individuals, companies, or other persons or entities;
- Use data collected from our APP for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
- Bypass or ignore instructions that control all automated access to the APP
- Use the APP for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.
- Manipulate the price of any item (e.g., NFTs) in an sale or auction or interfere with any other user’s sales, exchanges, listing, or profile;
- Engage in any coercive, deceptive, and/or manipulative behavior concerning a sale or exchange, including using coercive, deceptive, and/or manipulative bidding tactics;
- Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm SHIRTUM or the interests or property of users;
- Post any hateful content;
If you engage in any of the Prohibited Activities, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account and/or delete your content and descriptions from the App. This will not affect your ownership rights in any NFTs that you already Own, but you will not receive a refund of any amounts you paid for those NFTs.
Unless otherwise indicated in writing by us, content and other materials contained therein, including, without limitation, SHIRTUM’S logo and all designs, text, graphics, pictures, information, data, software, sound files, videos, other files and the selection and arrangement thereof (collectively, «Content»), the APP, and any NFTs are the property of SHIRTUM or our affiliates, licensors (athletes, clubs or brands) or users, as applicable.
Notwithstanding anything to the contrary in this Agreement, theAPP and Content may include software components provided by SHIRTUM or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
The SHIRTUM logo and any SHIRTUM product or service names, logos or slogans that may appear on the APP or Service are trademarks of SHIRTUM or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the APP or Content. You may not use any metatags or other «hidden text» utilizing «SHIRTUM» or any other name, trademark or product or service name of SHIRTUM or our affiliates without our prior written permission. In addition, the look and feel of the APP and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of SHIRTUM and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and SHIRTUM names or logos mentioned on the APP are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by SHIRTUM.
You acknowledge and agree that we, SHIRTUM, ( owns all legal right, title and interest in and to all other elements of the App, and all intellectual property rights therein (including, without limitation, all Art, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the App (collectively, the “App Materials”)).
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SHIRTUM or its licensors, except for the licenses and rights expressly granted in these Terms.
When you purchase a NFT in accordance with these Terms (and not through any Prohibited Activities), you own the underlying NFT completely. This means that you have the right to swap your NFT, sell it, or give it away. Except as otherwise permitted by these Terms in cases where we determine that the NFT has not been rightfully acquired from a legitimate source (including, without limitation, through any Prohibited Activities), at no point will we seize, freeze, or otherwise modify the ownership of any NFT.
You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our (or, as applicable, our licensors’) express prior written consent in each case:
(a) modify the Art or the content for your NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the NFT to advertise, market, or sell any third party product or service; (c) use the NFT in connection with 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 otherwise infringe upon the rights of others; (d) use the NFT in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of NFT; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the NFT; or (g) otherwise utilize the NFT for your or any third party’s commercial benefit.
No User License or Ownership of App Materials. Except as expressly set forth herein, your use of the App does not grant you ownership of or any other rights with respect to any content, code, data, or other App Materials that you may access on or through the App. We reserve all rights in and to the App Materials that are not expressly granted to you in these Terms.
- (a) You Terminate. You may terminate these Terms at any time by canceling your account on the App and discontinuing your access to and use of the App. If you cancel your account, or otherwise terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the App – whether for NFTS, or anything else.
- (b) We Terminate. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the App without the provision of prior notice. You agree that any suspension or termination of your access to the App may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination.
- (c) Other Remedies Available. If we terminate these Terms or suspend or terminate your access to or use of the App due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Activities), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
- (d) Referral to Governmental Authority. We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the App. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the App.
- (e) Effect of Termination. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the App or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
YOU WAIVE AND HOLD US AND OUR PARENT, SUBSIDIARIES, AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APP IS AT YOUR SOLE RISK, AND THAT THE APP IS PROVIDED «AS IS» AND «AS AVAILABLE» WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND ANY PART OF IT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE APP WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE APP WILL BE ACCURATE; (IV) THE APP OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APP WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF YOUR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, OR ANY ELECTRONIC WALLET.
NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE NETWORK. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE NETWORK, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE FLOW NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
11. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT WE, OUR PARENT, SUBSIDIARIES, AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE APP, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE ACTUALLY AND LAWFULLY PAID US UNDER THESE TERMS IN THE TWO (2) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE APP AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE APP TO YOU WITHOUT THESE LIMITATIONS.
12. Assumption of Risk
The prices of collectible blockchain assets are extremely volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility. Each NFT has no inherent or intrinsic value. We cannot guarantee that any NFT purchased will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside of OUR ecosystem may materially impact the value and desirability of any particular NFT.
There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your electronic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Flow Network, however caused.
The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of SHIRTUM’S ecosystem, and therefore the potential utility or value of your NFTS.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SHIRTUM, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns, from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, User Information or NFTS, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party, including another user or MetaMask. You agree to promptly notify SHIRTUM of any third party Claims and cooperate with SHIRTUM Parties in defending such Claims. You further agree that the SHIRTUM Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND SHIRTUM.
14. Personal Data Protection Policy
According to the data protection act of Regulation (EU) 2016/679 of 27 April 2016, we inform you that personal data given via the forms and Law 15/2003 on Protection of Personal Data (LQPD) and Regulation of the Andorran Data Protection Agency (RAAPD) which develops LQPD, we inform you that personal data given via the forms, and likewise your e-mail address have been included in our file titled MDM Sports. [hereafter, MDM], at the business address of: MDM Sports SL, AD700 Escaldes-Engordany (ANDORRA) , CIF: L-715571-B , is responsible for the management and functioning of the APP.
SHIRTUM has adopted the technical and organizational measures that guarantee the security of personal data and avoid their alteration, loss, treatment or unauthorized access, taking into account the state of the technology, the nature of the stored data and the risks to which they are exposed, all in accordance with the provisions of Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of the Organic Law on the Protection of Data of Character Personal.
You can exercise the rights of access, cancellation, rectification and opposition, sending us an email to firstname.lastname@example.org or by letter addressed to the following address: AD700 Escaldes-Engordany (ANDORRA)
This website uses «cookies» (small information files that the server sends to the computer of the person accessing the page). The cookies we use are the following:
- Logon cookies, to allow the automatic start of session without the user having to include their username and password again.
- External service cookies (Google Analytics and Facebook Pixel) for monitoring user activity. Google can use this data to improve its own services and to offer services to other companies. You can access all the information through the following links:
This Google and Facebook tools does not obtain data of the names or of the users or the postal address from where they are connected. The information obtained is related, for example, to the number of pages visited, the language, the city to which the IP address from which the users are assigned is assigned, the number of users who visit us, the frequency and recidivism of visits. , the visit time, the browser they use, the operator or type of terminal from which the visit is made.
We use this information to improve our website, detect new needs and evaluate the improvements to be introduced in order to provide a better service to the users who visit us.
To allow, know, block or eliminate the cookies installed on your computer you can do so by configuring the browser options installed on your computer.
You may refuse to accept cookies by activating the setting on your browser that allows you to refuse the setting of cookies. You can find information on popular browsers and how to adjust your cookie preferences at the following websites:
Microsoft Internet Explorer
- Firefox from here: https://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we
- Chrome from here: http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647
- Explorer from here: http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-internet-explorer-9
- Safari from here: http://support.apple.com/kb/ph5042
- Opera from here:http://help.opera.com/Windows/11.50/es-ES/cookies.html
16 . Hosting
SHIRTUM informs the User that the APP is hosted on servers of the company AMAZON EU SARL, for its great stability, speed, scalability and security. The information and characteristics of the hosting service provided by AMAZON can be consulted on the web http://aws.amazon.com/.
17.- Changes to the APP
We are constantly innovating the App to provide the best possible experience. You acknowledge and agree that the form and nature of the App, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the App at any time without notice.
18. Applicable Law
The laws of Andorra govern these Terms of Service and any controversy, dispute, or claim arising from them.