Terms of Service
Amended: 15th of September, 2022
The Terms of Service govern your rights and responsibilities when you use the Platform to purchase non-fungible tokens (“NFTs”). By agreeing to these terms, you hereby certify that you are at least 18 years of age. We reserve the right to change or modify these Terms of Service at any time and at our sole discretion. If we make changes to these Terms of Service, we will provide notice of such changes, such as by sending an email notification, providing notice through the Platform or updating the “Amended” date at the beginning of this document. By continuing to access or use the Platform, you confirm your acceptance of the revised Terms of Service and all of the terms incorporated therein. If you do not agree to these Terms of Service, you must not access or use the Platform.
The Platform allows you to purchase NFTs through the Ethereum blockchain. Rules regarding the purchase process are available in the current Terms of Service. In order for you to purchase NFTs from the Platform, you will need to connect and unlock your digital wallets with MetaMask or any other wallet that supports WalletConnect Protocol.
The Platform does not operate as a wallet provider, exchange, broker, financial institution, or creditor. SHOFT provides a service for users to discover and purchase NFTs. You must use a third-party wallet that allows you to engage in transactions on blockchains.
By using the Platform, you agree to the following: to provide accurate, current and complete information about yourself when such is required by us,
to maintain and promptly update as necessary your information,
to maintain the security of your wallet and accept all risks of unauthorised access to it, and
to immediately notify us if you discover or otherwise suspect any security breaches related to the Platform.
We reserve the right to refuse service if one or more of the following events occur:
You try to access the Platform through unauthorised third-party applications or clients;
We suspect your activities are related to money laundering or for any other illegal activity;
You have concealed or reported false identification information and other details; or
Your behaviour on the Platform constitutes a breach of the Terms of Service.
We may require you to provide additional information and documents at the request of any competent authority, including in cases related to anti-laundering (legalisation) of incomes obtained by criminal means or for counteracting the financing of terrorism. In such cases, we may pause or cancel your purchase transaction until such additional information and documents are reviewed by us or the competent authorities and accepted as satisfying regarding the applicable law.
By creating an account, you consent to receive electronic communications from us via email or by notices on the Platform. You agree that any notices, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to any such communications made in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. 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 such promotional emails at any time by withdrawing your consent.
It is at your sole discretion to provide all equipment and software necessary to connect to the Platform and its services, as well as any fees, including Internet connection or mobile fees, which you incur when accessing the Platform or its services.
Unless otherwise indicated in writing by us, content and other materials contained on the Platform, including, without limitation, the Ghost logo and pages design, texts, graphics, pictures, information, data, software, sound files, promotional or other files and the selection and arrangement thereof (collectively, “Content”), the Platform as a whole, and any NFTs are the proprietary property of SHOGT OOD.
Notwithstanding anything to the contrary in these Terms of Service, the Platform and the content therein may include software components provided by us 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 Ghost logo and any service names, logos or slogans that may appear on the Platform are the exclusive property of SHOGT 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 Platform. You may not use any metatags or other “hidden text” utilising “SHOGT”, “Ghost”, or any other name, trademark, product or service name of SHOGT or our affiliates without our prior written permission. In addition, the “look and feel” of the Platform, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Ghost and, in turn, SHOGT 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 or logos mentioned on the Platform 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 Ghost and, in turn, SHOGT.
Interactions with the Platform
Your blockchain address functions as your identity on the Platform. You will be required to obtain or have a blockchain address and a third-party wallet in order to make a purchase. Your account on the Platform will be associated with your linked blockchain address and/or wallet and display the NFTs for that blockchain address. By using your wallet in connection with the Platform, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with us, and we do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. We accept no responsibility for or liability to you in connection with your use of a wallet and make no representations or warranties regarding how the Platform will operate with any specific wallet. You are solely responsible for keeping your wallet secure, and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your purchase and any associated wallet, and we are not liable for any acts or omissions by you in connection with your wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Platform.
You also represent and warrant that you will comply with all applicable and enforceable laws (e.g., local, state, federal and other laws) when using the Platform. Without limiting the foregoing, by using the Platform, you represent and warrant that:
you are not located in a country that is subject to a U.S. Government embargo;
you have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties.
If you access or use the Platform outside the United States, you are solely responsible for ensuring that your access and use of the Platform in such country, territory or jurisdiction does not violate any applicable laws.
Transactions that take place on and or through the Platform are managed and confirmed via the Ethereum blockchain. By accepting the current Terms of Service, you agree that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the Platform. We neither own nor control MetaMask, the Ethereum network, or any other third-party site, product, or service that you might access, visit or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
License to access and use the Platform
You are hereby granted a limited, nonexclusive, non-transferable, revocable, non-sublicensable license to access and use the Platform and the content therein. However, such license is subject to these Terms of Service and does not include any right to the following:
sell, resell or use the Platform commercially as a whole, parts of it or the content therein,
distribute, publicly perform or publicly display any content located on the Platform,
modify or otherwise make any derivative uses of the Platform as a whole, parts of it or the content therein,
use any data mining, robots or similar data gathering or extraction methods,
download (other than page caching) any portion of the Platform as a whole, parts of it or the content therein, except as expressly permitted by us, and
use the Platform other than for its intended purposes.
Third-Party content and interactions
We do not provide the opportunity for clients to upload any and all materials on the Platform and shall not tolerate any such materials posted to the Platform that, in our sole discretion: infringes intellectual property rights, violates the law, constitutes child pornography, or is obscene or defamatory. We intend to, in good faith, remove, disable or restrict access to, or the availability of, any such materials that, in our sole discretion, we deem infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this section are intended to implement these Terms of Service but are not intended to impose a contractual obligation on us to undertake or refrain from any particular course of conduct.
You are granted a limited, nonexclusive, revocable, non-transferable, non-sublicensable right to create a text hyperlink to the Platform for non-commercial purposes, provided that such link does not portray Ghost and, in turn, SHOGT or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of Ghost and, in turn, SHOGT to link to the Platform or the contents therein without our express written permission.
The Platform may contain links to third-party websites and applications. When you click on a link to a third-party website and application, we will not warn you that you have left our Platform and are subject to the respective website’s terms and conditions, including privacy policies. Such third-party websites and applications are not under the control of Ghost and, in turn, SHOGT and, as such, shall not be held responsible for any damages or losses incurred by their use. We provide links to these third-party websites and applications only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to them, their products or services. You use all links to third-party websites and applications at your own risk.
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 Platform. You agree that you will abide by these Terms of Service and will not:
use NFTs in any way that constitutes or can constitute a violation of granted rights or obligations by us or any third party;
provide false or misleading information;
use or attempt to use another user’s information without authorisation from such user;
use the Platform in any manner that could interfere, disrupt, negatively affect or inhibit other users from using the Platform to its fullest degree, or that could damage, disable, overburden or impair the functioning of the Platform in any manner;
reverse engineer the Platform as a whole or any part or aspect of it, or otherwise take actions that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area or code of the Platform;
attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Platform that you are not authorised to access;
use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorised by us to access the Platform, extract data or otherwise interfere with or modify the rendering of the Platforms pages or functionality;
use data collected from the Platform to contact individuals, companies, or other persons or entities;
use data collected from the Platform for any direct marketing activity (including, without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
bypass or ignore instructions that control automated access to the Platform;
use the Platform for any illegal or unauthorised purpose, or engage in, encourage or promote any activity that violates these Terms of Service.
manipulate the price of any NFT for sale or interfere with any other client’s purchase;
engage in any coercive, deceptive, and/or manipulative behaviour concerning a purchase, including using coercive, deceptive, and/or manipulative tactics;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm the Platform or the interests or property of users;
post any hateful content;
use the Ethereum platform to carry out any illegal activities, including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Ethereum platform or the Platform.
You understand and agree that the Platform and the content therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind. We make no warranty that the Platform:
will meet your requirements;
will be available on an uninterrupted, timely, secure, or error-free basis; or
will be accurate, reliable, complete, legal, or safe.
We disclaim all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement as to the Platform, content contained therein. We do not represent or warrant that content on the Platform is accurate, complete, reliable, current or error-free. We will not be liable for any loss of any kind from any action taken or taken in reliance on material or information contained on the Platform. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold us responsible for any security breach unless it is due to our gross negligence.
We will not be responsible or liable to you for any loss and take no responsibility for any use of crypto assets, including but not limited to any losses, damages or claims arising from:
user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses;
server failure or data loss;
corrupted wallet files;
unauthorised access to applications;
any unauthorised third-party activities, including without limitation the use of viruses, phishing, brute-forcing or other means of attack against the Platform.
Crypto assets are intangible digital assets. They exist only by virtue of the ownership record maintained in the Ethereum network. Any transfer of title that might occur in any unique digital asset occurs on the decentralised ledger within the Ethereum platform. We do not guarantee we can affect the transfer of title or right in any crypto assets.
We will not be held responsible for sustained damages due to vulnerability or any kind of failure, abnormal software behaviour, blockchains or any other features of the crypto assets. We will not be held responsible for damages due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting crypto assets, including forks, technical node issues or any other issues having fund losses as a result.
Assumption of Risk
You accept and acknowledge:
The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the crypto assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of crypto assets will not incur a loss of money.
You are solely responsible for determining what, if any, taxes apply to your transactions. We will not be responsible for determining the taxes that apply to individual or collective crypto assets transactions.
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 unauthorised access to information stored within your wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience.
The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may adversely affect the development of the Platform and the utility of Crypto Assets.
The Platform relies on third-party platforms such as MetaMask to perform transactions. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms lose market share or falls out of favour or is unavailable for a prolonged period of time, access to and use of the Platform might deteriorate.
Limitation of Liability
To the fullest extent permitted by law, in no event will Ghost and, in turn, SHOGT be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from the use of the Platform, products or third party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable and even if Ghost and, in turn, SHOGT has been advised of the possibility of such damages. Access to and use of the Platform, products or third-party sites is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
Modifications to the Platform
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Platform or any features or parts thereof at any time and without liability or prior notification or consent from you.
You agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You agree that any dispute or claim relating in any way to your access or use of the Platform, to any products sold or distributed through the Platform, or to any aspect of your relationship with Ghost and, in turn, SHOGT will be resolved by binding arbitration, rather than in court.
Severability and survival of the Terms of Service
If any part or parts of this Terms of Service are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Terms of Service shall continue in full force and effect.
These Terms of Service will survive the termination of your relationship with Ghost and, in turn, SHOGT.
These Terms of Service, your use of the Platform, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms of Service shall be governed by the laws of the Republic of Bulgaria. Any dispute between the parties that is not subject to arbitration shall be resolved in the respective court.
These Terms of Service constitute the entire agreement between you and Ghost and, in turn, SHOGT relating to your access to and use of the Platform and the content therein. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. Except as otherwise provided herein, these Terms of Service are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.