1"use strict";(self.webpackChunk_N_E=self.webpackChunk_N_E||[]).push([[3255],{63255:e=>{e.exports=JSON.parse('{"title":"General Terms & Conditions of Shack","version":"","language":"English","content":[{"type":"paragraph","style":"bold","content":"IMPORTANT NOTICE:"},{"type":"paragraph","content":"THESE TERMS CONTAIN A DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY (SEE SECTIONS 4.4, 14 AND 15), A BINDING ARBITRATION AGREEMENT AS WELL AS A JURY TRIAL AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS (SEE SECTION 19). PLEASE READ THESE TERMS CAREFULLY."},{"type":"section","heading":"1. Scope","children":[{"type":"paragraph","content":"These General Terms and Conditions (\\"Terms\\" or \\"Agreement\\") apply to the access to, and the use of Shack marketplace and bidding platform (\\"Platform\\") and related services (together the \\"Services\\"), available via Shack app, offered by Shack AG, Untere Roostmatt 8, 6300 Zug (\\"Shack\\"), for Users located in, or accessing the Platform and Services from, the United States."},{"type":"paragraph","content":"The Platform and the Services are made available exclusively for personal, non-commercial use by individuals acting in their personal capacity and not for any business, commercial, or professional purposes. Any use of the Platform or the Services for business, commercial, or professional purposes is expressly excluded. References to \\"you\\" or \\"User\\" mean the individual person who accesses or uses the Platform subject to and in compliance with these Terms."},{"type":"paragraph","content":"The Platform and Services enable Users to post listings, participate in price discovery through auctions, and communicate directly with each other. Shack does not provide checkout, payment, delivery, or fulfilment services, and no transactions or contracts are concluded on or through the Platform."},{"type":"paragraph","content":"Please note that different Terms apply to Users based in Switzerland or the European Union."},{"type":"paragraph","content":"To access or use the Platform and the Services, you, as the User, have to agree to these Terms. If you do not agree to these Terms, you may not use or access the Platform or the Services."},{"type":"paragraph","content":"The User may access the Platform and related Services in each jurisdiction where the application is officially available via the relevant app store (e.g., iOS App Store)."},{"type":"paragraph","content":"These Terms, together with all other referencing documents, form a legally binding agreement (\\"Agreement\\") between Shack and the User."}]},{"type":"section","heading":"2. Platform and Services","children":[{"type":"paragraph","content":"Shack provides the Platform and related Services to the User. Users may list, bid on, and otherwise interact with listings for articles (each an \\"Article\\") online, in a variety of price formats, including bidding of Users for a specific Article of another User in the auction process (\\"Auction\\")."},{"type":"paragraph","content":"Shack does not own any Article listed on the Platform, and does not intervene in any way in off-platform dealings between Users. Any agreement or related dealing pertaining to an Article is concluded exclusively and directly between the Users off-platform, and Shack is not part of a contractual relationship between the Users. Shack does not process payments, hold funds, provide delivery or fulfilment, or otherwise facilitate the completion of off-platform transactions, and has no visibility into whether any funds or goods are actually exchanged between Users."},{"type":"paragraph","content":"The Services may be based on, or otherwise include components from, artificial intelligence. In this case, the User may provide text or other data input to the Services (\\"Input\\") and receive output generated and returned by the Services based on the Input (\\"Output\\"). The User is solely responsible for ensuring that the provided Input does not violate any applicable laws or these Terms."},{"type":"paragraph","content":"Shack charges no fees for the publication or the conclusion of off-platform dealings relating to Articles offered for Auction on the Platform."}]},{"type":"section","heading":"3. Registration and account","children":[{"type":"paragraph","content":"The User may need to register or create an account to access and use the Platform or part of the Platform. Users may opt for a username, which might be their real name, or a pseudonym. To the extent made available on the Platform, Users may add profile images as well as links to social media platforms. Shack may subject the User\'s username and profile picture to an automatic verification process. Shack\'s Privacy Policy available at <a href=\\"https://www.shack.xyz/privacyPolicy/\\">www.shack.xyz/privacyPolicy/</a> applies."},{"type":"paragraph","content":"When creating an account, the User must provide accurate, current, and complete information during registration and keep their account information up-to-date. Accounts registered by bots or automated methods are not authorised and will be terminated."},{"type":"paragraph","content":"The User is responsible for maintaining the confidentiality and security of their account credentials and may not disclose the
1ir credentials to any third party. The User is responsible and liable for activities conducted through their account and must immediately notify Shack if there is any suspicion that their credentials have been lost, stolen, or their account is otherwise compromised."},{"type":"paragraph","content":"If and as permitted by applicable law, Shack may, but has no obligation to (i) ask the User to provide identification or other information, (ii) undertake checks designed to help verify User\'s identity, age, or background (e.g. using verification service providers such as OneFootprint) and (iii) screen the Users against third-party databases or other sources and request reports from service providers. To the extent made available on the Platform, the User may verify his account by using the verification service providers mentioned on the Platform. The verification process may be subject to the payment of fees to the extent displayed on the Platform, in such case the User is responsible for the payment which can be conducted using Shack Coins (see Section 5). Shack reserves the right to limit or suspend access to the Services or delete the User\'s accounts in case the User is in violation of these Terms, or in the event of Shack reasonable determination of the occurrence or potential for the occurrence of illegal, unlawful or fraudulent use of the Services, or attempted fraudulent activity by the User."},{"type":"paragraph","content":"Shack may list or rank accounts of the Users on the Platform by recommendation, amount of Articles sold via the Platform, or other criteria listed by Shack at its sole discretion, The User may object to being listed in such rankings by sending an email to Shack at <a href=\\"mailto:[email protected]\\">[email protected]</a>."}]},{"type":"section","heading":"4. Articles and Auction process","children":[{"type":"subsection","heading":"4.1. Articles","children":[{"type":"paragraph","content":"Subject to Section 5, the User may use the Platform to list one or multiple Articles for off-platform sale; whereas the listing of multiple Articles for off-platform sale in one Auction is referred to as \\"Batch-selling\\". In the event of Batch-selling, each Article is considered a single Article as per these Terms and the Auction is considered as being a single Auction for all Articles listed in the Batch-selling Auction."},{"type":"paragraph","content":"Shack may at its sole discretion and at any time forbid or otherwise limit the listing of some Articles or of some categories of Articles (\\"Prohibited Articles\\"). A non-exhaustive list of Prohibited Articles is available on the Platform. In any case, the Users shall not list any Article violating any applicable law or regulation."},{"type":"paragraph","content":"Shack may, at its sole discretion, decide to approve the listing of an Article on the Platform. In such a case, the Article will only be visible to other Users on the Platform upon Shack\'s approval. Shack may deny the listing of an Article at its sole discretion and without providing any reasons. If the listing is rejected by Shack, Shack shall notify the User via the Platform."},{"type":"paragraph","content":"Users listing Articles on the Platform are solely responsible for the Articles listed on the Platform and for all associated content. The User must ensure that all published content is true, accurate and complete at all times, including without limitation the description, price, applicable taxes or fees, shipping information, or other legal information. The Articles sold by each User are visible on the User\'s profile."}]},{"type":"subsection","heading":"4.2. Auction process","children":[{"type":"paragraph","content":"When listing Articles on the Platform, the offering User shall determine (i) the starting price of the Auction within the options made available by Shack on the Platform, (ii) the duration of the Auction within the limits displayed on the Platform, and (iii) a location of pick-up in person, (iv) whether the Article(s) may be delivered after its sale, and, in such case, the delivery fees charged by the offering User for a delivery in the country specified in the listing. Upon listing an Article for an Auction, the offering User shall enter the
1ir phone number connected to an accepted payment app available in their respective jurisdiction (\\"Payment App\\") on the Platform. Depending on the choice made when listing an Article on the Platform, the offering User may have to provide their crypto wallet (\\"Wallet\\") on the Platform. Shack may at its own discretion limit the type of supported blockchain in relation to the Wallet."},{"type":"paragraph","content":"Users may search Auctions on the Platform using the search function which may include artificial intelligence. The offering User may use an Auction form which is prefilled based on artificial intelligence. The User shall verify the prefilled Auction form before submitting the Auction. Starting from the minimum price set, interested Users can make bids in direct competition with the bids of other Users. Before submitting a bid, Users are shown a summary of their bid including the bid amount and, if applicable, the set maximum bid. Users have the opportunity to review this information and may correct input errors using the \\"Edit\\" or \\"Cancel\\" button provided on the bidding interface. A bid is only placed once the User confirms the bid amount by clicking the \\"Submit Bid\\" button."},{"type":"paragraph","content":"Increments of the Auction are automatically determined and implemented by the Platform. The current highest bid for a given Auction will be visible on the Platform."},{"type":"paragraph","content":"Bidding Users are allowed to set a maximum bid they are ready to pay for the Article put up for an Auction. In such a case, the Platform will automatically bid for the respective bidding Users up to the entered maximum bid. This maximum bid remains secret to the other bidding Users. Bidding Users can subsequently increase their maximum bid at any time before the end of the Auction, and decrease their maximum bid provided that the corresponding amount has not yet been triggered during the Auction."},{"type":"paragraph","content":"If a winning bid is offered within the last 2 minutes of the duration of the Auction, the duration of the Auction is automatically extended for another minute."},{"type":"paragraph","content":"As long as no interested User bid for a specific Auction, the offering User may extend the relevant Auction within the limits displayed on the Platform."},{"type":"paragraph","content":"Publishing an Article for Auction on the Platform and placing bids are intended solely to enable price discovery and to signal transaction intent between Users. Auctions and bids do not, by themselves, create a binding sales contract or obligate any User to complete an off-platform transaction. Any agreement or exchange (if any) is made directly between Users outside the Platform."}]},{"type":"subsection","heading":"4.3. Purchase process","children":[{"type":"paragraph","content":"At the end of the Auction, as per the duration determined by the offering User, the highest bidding User and the offering User will receive a notification confirming the end of the Auction and the final price for the Article (\\"Confirmation Notification\\")."},{"type":"paragraph","content":"Following the Confirmation Notification, the full name, the contact details connected to the Payment App and (if applicable) the Wallet of the Seller is communicated by the Platform to the highest bidding User for purposes of off-platform coordination between the Users. The Auction results as well as the details of the auctioned Article or services will be provided to the User in electronic form (e.g., by email) together with or immediately following the Confirmation Notification. Additionally, and in accordance with the information provided by the Seller when listing the Article for Auction, the address where the Article can be delivered or picked up, may be communicated via the Platform to the Seller or the Buyer, as applicable (\\"Article Delivery\\")."},{"type":"paragraph","content":"The highest bidding User and the offering User may decide between themselves whether, when, and how any off-platform payment or exchange will occur, and Shack does not require that any off-platform exchange be completed within any specific timeframe. The foregoing notwithstanding, if the Users do not proceed with an off-platform exchange within 7 days from receipt of the Confirmation Notification, the Auction may be marked as expired for Platform purposes (\\"Cancellation of the Auction\\") and the offering User is free to relist the Article again on the Platform."},{"type":"paragraph","content":"Shack does not verify the identity of Users and does not verify or monitor whether any off-platform payment, delivery, or exchange occurs. The foregoing notwithstanding, and for purposes of upholding the reliability of the Platform, Shack may take appropriate measures against Users who fail to act in good faith or who engage in unreliable, deceptive, or abusive conduct on the Platform. Appropriate measures include, but are not limited to, account suspension, visibility limitations, or temporary or permanent exclusion from future Auctions. In addition, Shack may operate a public re
1commendation and rating system, which allows Users to flag unreliable behaviour."},{"type":"paragraph","content":"Users are responsible for determining and paying any applicable sales, use, or similar taxes and charges payable under applicable law, and for complying with all applicable laws in connection with any off-platform exchange. Shack does not collect or remit sales or use taxes in connection with Articles, because Shack does not process payments for Articles and has no visibility into whether any exchanges are actually completed."}]},{"type":"subsection","heading":"4.4. Warranty Disclaimers for Articles","children":[{"type":"paragraph","content":"Articles are listed on the Platform directly by Users. SHACK IS NOT THE SELLER OF ANY ARTICLE, DOES NOT HOLD OR TAKE TITLE TO ANY ARTICLE, AND DOES NOT PROVIDE ANY WARRANTIES WITH RESPECT TO ANY ARTICLE LISTED ON THE PLATFORM."},{"type":"paragraph","content":"Any descriptions, images, statements, or other information relating to an Article are provided solely by the listing User. Shack does not review, verify, inspect, or guarantee the accuracy, completeness, legality, or condition of any Article or listing."},{"type":"paragraph","content":"ALL ARTICLES ARE LISTED BY SELLERS ON AN \\"AS IS\\" AND \\"AS AVAILABLE\\" BASIS, UNLESS THE SELLER EXPRESSLY STATES OTHERWISE IN THE APPLICABLE LISTING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT."},{"type":"paragraph","content":"To the extent a Seller provides an express warranty in a listing, such warranty is made solely by the Seller and not by Shack. Any claim relating to an Article, including claims based on warranty, condition, quality, safety, conformity, or compliance with applicable law, must be brought directly against the Seller."},{"type":"paragraph","content":"Any warranty disclaimer or limitation relating to the Platform and the Services is governed exclusively by Section 14 of these Terms. Nothing in this Section 4.4 applies to, modifies, or limits any disclaimer of warranties relating to the Platform or the Services."}]},{"type":"subsection","heading":"4.5. Reception and recommendation","children":[{"type":"paragraph","content":"After the Article Delivery, the Buyer confirms the completion of the off-platform exchange (if any) on the Platform."},{"type":"paragraph","content":"Upon confirmation by the Buyer, or upon the Cancellation of the Auction, both the Seller and the Buyer (respectively the offering User and the bidding User) may recommend each other on the Platform on a \\"yes or no\\" basis. Recommendations are publicly visible on each User\'s profile."}]}]},{"type":"section","heading":"5. Shacks & Boosting Packages","children":[{"type":"paragraph","content":"Users may purchase credits provided by Shack (each a \\"Shack Coin\\") on the Platform via the available payment methods. A Shack Coin is worth the amount displayed on the Platform and can only be used on the Platform to purchase Boosting Packages (as defined below) and to use other kinds of Services as defined on the Platform. Shack may, at its own discretion, decide the limits of the balance of Shack Coin that each User may have at a given time."},{"type":"paragraph","content":"Shack Coins cannot be used to purchase Articles, are not a payment method for Auctions or off-platform exchanges between Users, and are not redeemable for cash."},{"type":"paragraph","content":"For the avoidance of doubt, the Shacks Coins are not Shack Tokens, which are issued separately by the Shack Association."},{"type":"paragraph","content":"Users may purchase boosting packages (\\"Boosting Packages\\") through their account on the Platform for each Article with Shacks Coins for the price displayed on the Platform."},{"type":"paragraph","content":"Boosting Packages are paid services offered by Shack that allow Users to promote their Articles by enhancing their visibility. Articles with active Boosting Packages will benef
1it from the enhanced visibility features."},{"type":"paragraph","content":"The duration and the scope of each Boosting Package is displayed on the Platform. Once purchased, the Boosting Package is immediately activated. Users may renew or purchase additional Boosting Packages to extend or renew the promotion period of their Articles."},{"type":"paragraph","content":"All purchases of Boosting Packages are final and non-refundable, except as required by applicable law or as specified in these Terms."},{"type":"paragraph","style":"bold","content":"Shack does not guarantee any specific outcome, results, performance or increase in visibility, views, reach, or sales as a result of purchasing a Boosting Package. Boosting Packages do not affect the outcome of an Auction, the order of bids, or the determination of a winning bid, and do not create any preference in the execution of transactions between Users."}]},{"type":"section","heading":"6. User Representations and Warranties","children":[{"type":"paragraph","content":"The Platform and the Services are provided exclusively to persons who are at least 18 years of age or are minors who have obtained parental or legal guardian consent. The foregoing notwithstanding, the Platform and the Services are not intended for, and may not be used by, children under the age of 13. By using the Platform, the User represents and warrants that they are at least 13 years old. If Shack becomes aware that a User is under the age of 13, Shack will promptly terminate the User\'s account and delete any personal data associated with that account. The User represents and warrants that they:"},{"type":"list","items":["are not a person or entity barred from using the Platform and the Services under the laws of any applicable jurisdiction, notably the laws of the User\'s place of residence or under applicable United States laws and regulations, including trade sanctions and export control laws;","have all the legal rights to offer and sell any Articles listed in an Auction on the Platform. By placing an Article for an Auction, the User represents that the Article offered is free from any encumbrances, claims, or restrictions, and that they possess all necessary rights to transfer ownership to the respective Buyer; and","will not list or attempt to sell any Prohibited Articles or other restricted Articles, including but not limited to illegal goods, dangerous substances, pirated, or counterfeit products on the Platform."]}]},{"type":"section","heading":"7. Rights & Obligations of Shack","children":[{"type":"paragraph","content":"Shack will provide the User with the Platform and the Services as agreed in the Agreement."},{"type":"paragraph","content":"Shack:"},{"type":"list","items":["makes the Platform and the Services available to the User and uses reasonable care and skill in the performance of the Platform and the Services and in keeping the Platform free from viruses and other malicious software programs;","regularly carries out maintenance or improvements to the Platform and its infrastructure, but does not guarantee that the Platform will function without any interruption or disruption. The User acknowledges that this may result in temporary delays and interruption from time to time. Where reasonably possible, Shack will inform the User about potential interruptions in advance;","is permitted and possibly required by law to suspend access to the Platform or the User\'s account based upon reasonable determination of the occurrence or potential for occurrence of illegal or wrongful activity, fraudulent use or attempted fraudulent activity. In case of a suspension, the User remains liable for all charges and fees (if any) incurred during the suspension period;","is not a party to any Auction or off-platform exchange between the Users and does not check the correctness of any Auction or transaction information.","does not provide checkout, payment processing, delivery, or fulfilment services for Articles and does not verify whether any off-platform exchange between Users is completed.","may subcontract third parties for all its obligations under these Terms and is, in such case and to the extent set forth in these Terms, liable to the User for its subcontractors and ensures that subcontractors are bound to appropriate confidentiality and data protection obligations."]},{"type":"paragraph","content":"Shack may amend the Terms from time to time at its sole discretion by publishing an updated version of the Terms on Shack\'s websites and/or in the Platform. Where a change materially affects the rights or obligations of Users, Shack will use reasonable efforts to provide advance notice of such change, including by electronically notifying the User of any material changes to the Terms through the Platform or by email, where reasonably possible. The User should check the Terms regularly and only use the Platform upon acceptance of the changes to the Terms. The User\'s continued use of the Platform following any amendments indicates acceptance of the changes to the Terms."},{"type":"paragraph","content":"Shack constantly develops and improves its Platform and the Services and may modify or either temporarily or permanently stop providing the offered Platform or any part of it at its sole discretion. In case of material changes to the Platform, i.e., changes significantly altering the nature and scope of the Platform and Services provided to the User pursuant to this Agreement, Shack will notify the Users that are directly affected by such changes, where reasonably possible."},{"type":"paragraph","content":"Shack reserves the right to ask the User to provide feedback through forms, questionnaires, and polls in order to improve their Platform (\\"Feedback\\"). Shack may use, or not use, any such Feedback, without any obligation, whether financial or otherwise, to the User. The User assigns all rights (including but not limited to intellectual property rights), title, and interest in the Feedback to Shack and acknowledges it has no claim in relation to the Feedback."}]},{"type":"section","heading":"8. Rights & Obligations of the User","children":[{"type":"paragraph","content":"The User agrees to use the Platform and the Services in compliance with the Agreement and all legal and moral obligations applicable in the territory where they are located."},{"type":"paragraph","content":"The User is obliged to cooperate in the performance of this Agreement to the necessary extent free of charge. The User is obliged to provide Shack with all necessary information, documents, data, and anything else reasonably required for the access or functioning of the Platform. Furthermore, the User is obliged to inform Shack immediately if errors or faults occur and to support Shack in the analysis and, if necessary, in the elimination of errors and faults to the extent required."},{"type":"paragraph","content":"If the provision of the Platform under this Agreement is delayed due to the User\'s failure to comply with his duty to cooperate or due to other circumstances for which the User is responsible, the User shall bear the disadvantages and additional costs incurred."},{"type":"paragraph","content":"The User must immediately inform Shack of all circumstances within its sphere of control that might endanger or may be relevant to providing the Platform and all misuses or suspicions of misuse of the Platform."},{"type":"paragraph","content":"The User shall not:"},{"type":"list","items":["Advertise on the Platform Articles that are not intended for off-platform exchange between Users;","Use the Platform to mislead other Users about the availability of an Article (e.g., by listing an Article without a good faith intent to proceed with an off-platform exchange, or directing Users to complete the exchange through a different platform as part of a deceptive scheme);","Use multiple accounts or other similar schemes or mechanisms to artificially increase the bids related to an Article put on Auction;
1","Misuse the Boosting Packages or otherwise manipulate the Platform\'s algorithm;","Offer, sell, or otherwise market any Prohibited Articles on the Platform;","Circumvent or attempt to circumvent any security protection of the Platform;","Use the Platform in unlawful or fraudulent ways or for any unlawful or fraudulent purpose or effect;","Access the Platform via any automated system or take any action that may impose an unreasonable load on Shack\'s infrastructure;","Bypass the measures that Shack may use to prevent or restrict access to or use of the Platform;","Engage in deceptive, misleading, or fraudulent activities through the Platform, including but not limited to misrepresenting Articles, artificially inflating bids in Auctions, or using multiple accounts to bid on their own Articles."]},{"type":"paragraph","content":"The User agrees that they will not, unless with Shack\'s prior written permission or if in accordance with this Agreement:"},{"type":"list","items":["try to decompile or reverse engineer the Platform, the Services or any part of it, or derive the source code;","copy, modify, distribute, reproduce, translate, disassemble or use in any other way any information, text, graphics, images, software obtained from the Platform, or any other part of the Platform or the Services;","create derivative works based on the whole or any part of the Platform or any content available on the Platform."]},{"type":"paragraph","content":"The User may"},{"type":"list","items":["share links to Auctions with other Users on and outside of the Platform with or without pictures of the auctioned Articles; each User acknowledges and agrees that any content uploaded on the Platform may be shared with third parties as per these Terms;","ask and answer questions on the Auction at any time before the end of the Auction;","report Auctions to Shack at any time, including for Shack to verify whether the reported Auction includes Prohibited Articles or is in any other way in violation of these Terms; and","block other Users on the Platform; provided, however, that each User acknowledges and agrees that any blocked User is prevented from bidding on any ongoing or future Auction by the blocking User, or to otherwise interact with such blocking User."]}]},{"type":"section","heading":"9. App Store Terms","children":[{"type":"subsection","heading":"9.1. Apple iOS App Store","children":[{"type":"paragraph","content":"If the User downloaded the Platform from the iOS App Store or uses it on an iOS device, User acknowledges and agrees that:"},{"type":"list","items":["this Agreement is between the User and Shack only, and not with Apple;","Apple is not responsible for the Platform or the Services, or any content made available through the Services;","Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform and the Services;","in the event of any failure of the Platform to conform to any applicable warranty that cannot be disclaimed under applicable law, the User may notify Apple and Apple will refund applicable payments (if any) for the Platform, and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform;","Apple is not responsible for addressing any claims by the User or any third party relating to the Platform or the Services, including product liability claims, claims that the Platform or the Services fail to conform to applicable legal or regulatory requirements, consumer protection claims, or claims relating to intellectual property infringement;","Shack, and not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Platform or your possession and use of the Platform infringes any third party\'s intellectual property rights, provided, however, that all limitation of liability and disclaimers in this Agreement apply;","the User agrees to comply with any applicable third-party terms when using the Platform;","the licenses granted to the User in this Agreement are limited to use on Apple-branded products that the User owns or c
1ontrols and are subject to the Apple App Store Usage Rules;","the User represents and warrants that the User is not located in a country subject to a U.S. government embargo, is not designated by the U.S. government as a \\"terrorist supporting\\" country, and is not listed on any U.S. government list of prohibited or restricted parties; and","Apple and Apple\'s subsidiaries are third-party beneficiaries of this Agreement and, upon the User\'s acceptance of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the User as a third-party beneficiary."]}]},{"type":"subsection","heading":"9.2. Google Play","children":[{"type":"paragraph","content":"If the User accesses or downloads the Platform from Google Play, the User acknowledges and agrees that:"},{"type":"list","items":["this Agreement is between the User and Shack, not Google;","Google is not a party to this Agreement and does not assume responsibility for the Platform or the Services, except as required under applicable law;","the User\'s download and use of the Platform through Google Play may also be subject to Google Play\'s applicable terms, policies, and usage rules, which Google may update from time to time; and","compliance with Google Play policies may require limitations on features, content, or availability, and the User agrees that the User\'s use of the Platform must comply with applicable Google Play policies in addition to this Agreement."]}]},{"type":"subsection","heading":"9.3. App Store Terms Control Where Required","children":[{"type":"paragraph","content":"If any provision of this Agreement conflicts with a mandatory requirement of the iOS App Store or Google Play terms or usage rules applicable to the User\'s download or use of the Platform through that store, then the applicable app store requirement will control to the extent of the conflict."}]}]},{"type":"section","heading":"10. Ranking and Visibility","children":[{"type":"paragraph","content":"The visibility and placement of Articles listed by Users on the Platform â whether in search results, category pages, or recommendation sections â is influenced by various ranking parameters, including algorithmic mechanisms and system-generated evaluations."},{"type":"paragraph","content":"The following factors are considered in determining the ranking of Articles:"},{"type":"list","items":["Relevance of the Article title and description to the search query;","Date of publication (recency of the listing);","Completeness of the Article information (e.g., images, description, category);","Seller activity and User ratings (where available);","Use of visibility-enhancing features such as Boosting Packages."]},{"type":"paragraph","content":"Users may influence the visibility of their listings by purchasing Boosting Packages. Listings that have been boosted may appear in highlighted sections, receive priority in search results, or be otherwise visually emphasized. Such listings are marked as \\"sponsored\\" or \\"boosted\\"."},{"type":"paragraph","content":"The scope, duration, and pricing of Boosting Packages are set out in the applicable overview available on the Platform. The purchase of a Boosting Package affects only the visibility of a listing and does not affect the bidding process, the determination of the winning bid, or the final result of an Auction."}]},{"type":"section","heading":"11. User Content and Content Moderation","children":[{"type":"paragraph","content":"The User is solely responsible for all content they upload, post, share, or otherwise make available on the Platform, including but not limited to product descriptions, images, texts, and any communications with other Users (\\"User Content\\"). The User shall ensure that all User Content is lawful, accurate, not misleading, and does not infringe any third-party rights, including but not limited to intellectual property rights, personality rights, or data protection rights."},{"type":"paragraph","content":"The User shall not upload or distribute any User Content on the Platform that is:"},{"type":"list","items":["illegal, offensive, defamatory, obscene, or discriminatory;","false or misleading, including with respect to the condition, origin, or value of Articles;","designed to promote, market, or sell Prohibited Articles;","containing malicious code or software that could impair the Platform or its infrastru
1cture;","otherwise incompatible with the purposes of the Platform or the Agreement."]},{"type":"paragraph","content":"Shack reserves the right to moderate User Content for compliance with this Agreement and applicable laws. Content moderation is carried out using both automated tools and human review. Automated tools may be used to identify potentially harmful or non-compliant content based on keyword detection, image recognition, or other algorithmic methods. Human moderators may review content either proactively or in response to User reports."},{"type":"paragraph","content":"Shack may, at its own discretion, remove or restrict access to User Content that violates this Agreement, applicable laws, or the rights of third parties. This may include hiding or deleting content, suspending or terminating User accounts, or applying other technical measures as necessary to protect the integrity and safety of the Platform."},{"type":"paragraph","content":"The User has the right to file a complaint against any content moderation measure taken by Shack. Complaints must be submitted via the internal complaint system accessible at <a href=\\"mailto:[email protected]\\">[email protected]</a>, within six (6) months of the moderation decision. Shack shall review the complaint and provide a reasoned decision within a reasonable time, taking into account the nature of the measure and the volume of complaints."},{"type":"paragraph","content":"Shack publishes regular transparency reports on the application of its content moderation policies, including the number and types of measures taken. These reports are publicly available in a machine-readable format at [insert link]."},{"type":"subsection","heading":"Copyright Infringement and DMCA Notice","children":[{"type":"paragraph","content":"Shack respects the intellectual property rights of others and expects Users to do the same. For Users located in the United States, Shack has adopted a notice-and-takedown procedure in accordance with the U.S. Digital Millennium Copyright Act (\\"DMCA\\")."},{"type":"paragraph","content":"DMCA Takedown Notice: If you believe any materials accessible on or from the Platform or the Services infringe your copyright, you may request removal of those materials by submitting written notification to Shack\'s copyright agent designated below. In accordance with the DMCA, your written notice (the \\"DMCA Notice\\") must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform or the Services, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the written notice is accurate; (vii) a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner."},{"type":"paragraph","content":"DMCA Notices that do not substantially comply with Section 512(c)(3) of the DMCA may be ineffective. Please be aware that if you knowingly materially misrepresent that material or activity on the Platform or the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys\' fees) under Section 512(f) of the DMCA."},{"type":"paragraph","content":"DMCA Notices must be sent to our designated agent:"},{"type":"paragraph","content":"DMCA Agent"},{"type":"paragraph","content":"[Address]\\nTelephone: [Phone]\\nEmail: [Email]"},{"type":"paragraph","content":"Counter-Notification Procedure: If you believe that material you published on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter notification (a \\"Counter Notice\\") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following: (i) your physical or electronic signature; (ii) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (iii) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (iv) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
1 (v) statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Platform or the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Platform or the Services with the complaint at issue."},{"type":"paragraph","content":"The DMCA allows Shack to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice."},{"type":"paragraph","content":"Please be aware that if you knowingly materially misrepresent that material or activity on Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys\' fees) under Section 512(f) of the DMCA."},{"type":"paragraph","content":"Repeat Infringer Policy. Shack may, in appropriate circumstances and at its reasonable discretion, suspend or terminate the accounts of Users who are repeat infringers of intellectual property rights."}]}]},{"type":"section","heading":"12. Term & termination","children":[{"type":"paragraph","content":"The Agreement between the parties remains in full force and effect until its termination by either party."},{"type":"paragraph","content":"Either party may terminate the Agreement at any time with immediate effect by notices in text form to [[email protected]]."},{"type":"paragraph","content":"Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination."}]},{"type":"section","heading":"13. Intellectual property","children":[{"type":"paragraph","content":"Except as mentioned explicitly below, each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights (\\"Intellectual Property Rights\\"). All Intellectual Property Rights in the Platform or any part of it, including to any algorithms trained based on Input and Output, as well as on the Output itself, remain vested in Shack."},{"type":"paragraph","content":"Shack grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the (i) Platform in accordance with the Agreement, and (ii) Output on the Platform and in direct relationship with the relevant Auction."},{"type":"paragraph","content":"The User grants to Shack:"},{"type":"list","items":["limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Auction content as necessary for the provision of the Platform and in accordance with the Agreement;","unlimited, non-revocable, non-exclusive, non-transferable, sublicensable right to access and process the Input for performance and improvement of the Services; and.","unlimited and non-revocable right to access and use the data generated on the Platform for the purpose of improving the Platform and the Services."]},{"type":"paragraph","content":"The Platform may contain open-source components. Such components are subject to the respective licence."}]},{"type":"section","heading":"14. Disclaimer of warranties","children":[{"type":"paragraph","content":"THE USER ACKNOWLEDGES AND AGREES THAT THE PLATFORM AND THE SERVICES ARE PROVIDED \\"AS IS\\" AND \\"AS AVAILABLE\\", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY."},{"type":"paragraph","style":"bold","content":"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHACK EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AN
1D ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE."},{"type":"paragraph","content":"Shack does not warrant that the Platform or the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that any defects will be corrected. Shack does not warrant that any content, information, recommendations, rankings, or results made available through the Platform or the Services will be accurate, complete, reliable, or up to date."},{"type":"paragraph","content":"Without limiting the foregoing, Shack makes no representations or warranties regarding the accuracy, reliability, completeness, legality, or suitability of any output generated through automated or artificial intelligenceâbased features. Any reliance on such output is at the User\'s own risk. Shack does not exercise control over the quality, safety or legality of the Articles offered in Auctions. Furthermore, Shack cannot guarantee that one of the Users involved in an Auction will complete or execute the transaction. Shack solely provides the technical infrastructure for the Platform and is not itself a party to transactions between Users."},{"type":"paragraph","content":"Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted under applicable law, the above disclaimers shall apply only to the maximum extent permitted by law."}]},{"type":"section","heading":"15. Limitation of Liability & Indemnity","children":[{"type":"paragraph","content":"The User acknowledges and agrees that Shack is not involved in the actual transaction between Sellers and Buyers and does not guarantee the ability of Sellers to sell Articles, the ability of Buyers to pay for Articles, or that a transaction would actually be consummated. Accordingly, the User shall not hold Shack responsible for the actions or inactions of any Buyer or any Seller using the Platform or the Services."},{"type":"paragraph","content":"Without limiting the foregoing, Users further acknowledge and agree that the results generated by artificial intelligence are influenced by the Input provided, may not always be accurate, and must be independently assessed and evaluated by the User. Shack will not be held liable for any inaccuracy, incompleteness or potentially incorrect or biased results either in the Output or in other parts of the Services produced by the artificial intelligence."},{"type":"paragraph","style":"bold","content":"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHACK, AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE PLATFORM OR THE SERVICES, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL OR REPUTATION, LOSS OF DATA, INABILITY TO ACCESS CONTENT, INTERRUPTION OF SERVICE, OR BREACH OF SYSTEM SECURITY AND ALL SUCH DAMAGES OR LOSSES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT WHETHER OR NOT THEY WERE FORESEEABLE OR SHACK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE."},{"type":"paragraph","content":"Regardless of the previous paragraphs, if found to be liable, Shack\'s liability to you or to any third party shall not exceed the total amount paid by the User to Shack in the 12 immediately preceding the event giving rise to the claim, or USD 100, whichever is greater."},{"type":"paragraph","content":"Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under applicable law."},{"type":"paragraph","content":"To the maximum extent permitted by applicable law, each User agrees to defend, indemnify, and hold Shack and its affiliates, officers, directors, employees, and agents harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys\' fees and expenses, made by any third party due to or arising out of: (i) breach of these Terms or any applicable law or regulation (including any tax laws, rules, or reporting or withholding requirements) by the User or any other persons acting on behalf of the User; (ii) any breach of the User\'s representations and warranties set forth in these Terms; (iii) the User\'s violation of the rights of a third party;
1 and (iv) any claims, investigations, audits, demands, penalties, assessments, or enforcement actions relating to taxes arising out of any off-platform exchange between Users. Shack reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which case the User agrees to cooperate with Shack in asserting any available defenses."}]},{"type":"section","heading":"16. Data protection","children":[{"type":"paragraph","content":"Shack collects and processes personal data as described in its Privacy Policy available at <a href=\\"https://www.shack.xyz/privacyPolicy/\\">www.shack.xyz/privacyPolicy/</a>. Shack protects the collected personal data by means of appropriate technical and organisational measures and in accordance with the data protection legislation applicable in each jurisdiction where the application is officially available via the relevant app store (e.g., iOS App Store)."},{"type":"paragraph","content":"The User authorizes Shack to use, process, and store relevant data for the performance of the Agreement and to use anonymized data to improve its Platform and the Services or for analysis purposes."}]},{"type":"section","heading":"17. Newsletter and push notifications","children":[{"type":"paragraph","content":"By signing up for Shack\'s newsletter, the User agrees that Shack may contact them and inform them about updates on the Services and new products from time to time. The User can at any time unsubscribe from the contact list by sending an email to [email protected] or by using the unsubscribe mechanism provided in each marketing communication."},{"type":"paragraph","content":"The User may agree to receive push notifications, which may include important updates, offers, and relevant information from Shack. The User can manage notification preferences in the Platform settings."},{"type":"paragraph","content":"The User authorizes Shack to use the Users\' Articles for advertising and marketing purposes. Any other use requires the prior consent of the respective User."}]},{"type":"section","heading":"18. Links to third party content and services","children":[{"type":"paragraph","content":"The Platform and the Services may contain third-party content or links to third-party websites. The User may be able to purchase third-party services via the link provided on the Platform and Services."},{"type":"paragraph","content":"Shack makes no representations or warranties of any kind, either express or implied, that the links to third-party websites or services, bridge pages and related links, as well as the Services provided via third parties (including but not limited to APIs, repositories, platforms, or delivery services), will be error-free and uninterrupted during the term. User may be obliged to agree to terms and conditions and various policies of external third parties when accessing and/or using their websites, services, or products. Shack is not responsible or liable for any third-party terms and conditions or policies"},{"type":"paragraph","content":"Shack does not assume any responsibility for any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness."}]},{"type":"section","heading":"19. Legal Disputes and Governing Law","children":[{"type":"paragraph","style":"bold","content":"PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SHACK HAVE AGAINST EACH OTHER ARE RESOLVED."},{"type":"paragraph","content":"Applicable Law: For Users residing in the United States, these Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles."},{"type":"paragraph","style":"bold","content":"DISPUTE RESOLUTION AND BINDING ARBITRATION, WAIVER OF JURY TRIAL: THE USER AND SHACK AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN THE USER AND SHACK ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS, THE PLATFORM OR THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL."},{"type":"paragraph","content":"The arbitration will be administered by the American Arbitration Association (\\"AAA\\") in accordance with the Consumer Arbitration Rules (the \\"AAA Rules\\") then in effect, except as modified by this Section 19. (The AAA Rules are available at https://www.adr.org/rules-forms-and-fees/consumer/ or by calling the AAA at 1-800-778-7879.) The arbitration shall take place in the User\'s county of residence or a mutually agreed location, and may be conducted remotely if permitted by the arbitration rules. The Federal Arbitration Act will govern the interpretation and enforcement of this section."},{"type":"paragraph","content":"The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction."},{"type":"paragraph","content":"If the User prevails on any claim that affords the prevailing party attorneys\' fees, the arbitrator may award reasonable fees to the User under the standards for fee shifting provided by law."},{"type":"paragraph","content":"Opt-Out Procedure: The User has the right to opt out of this agreement to arbitrate by providing Shack with a written opt-out notice at <
1a href=\\"mailto:[email protected]\\">[email protected]</a> within 30 days from the date the User first accepts this Agreement. The opt-out notice must include the User\'s name, mailing address, email address or phone number associated with the User\'s account, and a clear statement that the User wants to opt out of arbitration. If the User opts out, neither the User nor Shack will be required to arbitrate disputes covered by this Section 19, and such disputes will be resolved in court, subject to the below waiver of class and representative actions."},{"type":"paragraph","content":"Additionally, either the User or Shack may bring an individual claim in a small claims court if (i) the claim qualifies to be heard in that court and (ii) the claim remains an individual claim (not a class, collective, or representative action)."},{"type":"paragraph","style":"bold","content":"WAIVER OF CLASS AND REPRESENTATIVE ACTIONS: THE USER AND SHACK MAY BRING CLAIMS AGAINST THE RESPECTIVE OTHER PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE."},{"type":"paragraph","content":"If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. Nothing in this Section 19 prevents a party from seeking relief in a court of competent jurisdiction where such relief is required or expressly permitted under applicable law, including copyright infringement claims brought pursuant to the DMCA."}]},{"type":"section","heading":"20. Miscellaneous","children":[{"type":"paragraph","style":"bold","content":"Entire Agreement:"},{"type":"paragraph","content":"The Agreement constitutes the entire agreement between Shack and the User, and supersedes all prior agreements, between the parties relating to the subject matter of the Agreement."},{"type":"paragraph","style":"bold","content":"Notices:"},{"type":"paragraph","content":"Notices must be given in text form and need to be communicated:"},{"type":"list","items":["To Shack\'s attention: via email to: [[email protected]];","To User\'s attention: by publishing on the Platform or where explicitly agreed between the parties via email to the last e-mail address provided for this purpose by the User. It is the User\'s responsibility to keep provided contact information current."]},{"type":"paragraph","style":"bold","content":"No Assignment:"},{"type":"paragraph","content":"The User may not assign any of its rights, obligations, or claims under the Agreement without the previous consent of Shack."},{"type":"paragraph","style":"bold","content":"Severability:"},{"type":"paragraph","content":"If any provision of the Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect."}]}]}')}}]);
Line numbers count LF bytes from the start of the resource, as the search results do. Vendor segments are library code the classifier recognised; they are stored but not indexed. Bytes are shown as Latin1 characters, one per byte.