These terms, and the accompanying privacy policy at
www.3thix.com/privacy, which is incorporated into and a part of
these terms, govern the use of the 3thix website at
https://3thix.com and the associated tools and services.
Collectively, the website and the associated tools and services are
referred to as the “Services” in these terms. The operator may offer
other products and services.
In addition to the website and the associated tools and services,
the Services include:
- Financial services platform
The operator is not responsible for any transactions on other
platforms and disclaims all liability for such
transactions.
These terms include important provisions governing your use of the
Services. These provisions affect such matters as your right to use
the Services, actions you are prohibited from taking with respect to
the Services, disclaimers regarding liability, and your waiver of
the right to bring a suit in a court of law and to a jury trial.
Before using the Services, make sure that you read and understand
all of these terms and the accompanying privacy policy at
www.3thix.com/privacy.
3thix, Inc., a Delaware corporation, operates the Services. It and
its affiliates are referred to in this document as the “operator,”
“we,” or “us.”
Important Terms
These terms include a number of especially important provisions that
affect your rights and responsibilities, such as the disclaimers in
Disclaimers, limits on the operator’s legal
liability to you in Limits on Liability, your
agreement to reimburse the operator for problems caused by your
misuse of the Services in Your Responsibility, and
an agreement about how to resolve disputes in
Disputes.
Using the Services may require that you pay a fee to other users of
the Services (such as merchants) or to the operator. Using the
Services may also require that you pay a fee to parties other than
users or the operator, such as gas charges on the blockchain to
perform a transaction. You acknowledge and agree that the operator
has no control over any such transactions, the method of payment of
such transactions or any actual payments of transactions.
Accordingly, you must ensure that you have a sufficient balance of
the applicable cryptocurrency tokens stored at your
protocol-compatible wallet address to complete any transaction on
the blockchain or Services before initiating such transaction.
Your Permission to Use the Services
Subject to these terms, the operator gives you permission to use the
Services. You can’t transfer your permission to anyone else. Others
need to agree to these terms for themselves to use the Services.
Conditions for Use of the Services
Your permission to use the Services is subject to the following
conditions:
- You must be at least eighteen years old.
-
You may no longer use the Services if the operator tells you that
you may not.
- You must follow Acceptable Use and Content Standards.
Acceptable Use
You may not use the Services if you are located in, a resident of,
incorporated in, or have a registered agent in, the United States.
You may not break the law using the Services. If we determine that
you have broken the law, we will revoke your access.
You may not use or try to use anyone else’s account on the Services
(or to connect with anyone else’s wallet) without their specific
permission.
You may not buy, sell, or otherwise trade usernames or other unique
user or account identifiers on the Services.
You may not make publicly available the personal information of
other people using the Services.
You may not send advertisements, chain letters, or other
solicitations through the Services, or use the Services to gather
addresses for distribution lists (except to the extent expressly
provided by the functionality of the Services).
You may not falsely imply that you’re affiliated with or endorsed by
the operator.
You may not remove any marks showing proprietary ownership from
materials you download from the Services.
You may not disable, avoid, or circumvent any security or access
restrictions of the Services.
You may not strain infrastructure of the Services with an
unreasonable volume of requests, or requests designed to impose an
unreasonable load on information systems the operator uses to
provide the Services.
You may not "scrape" content or otherwise use any automated means to
access the Services or collect any information from the Services,
except to index the public-facing portions of the Services for a
search engine.
You may not represent others through the Services.
You may not reverse engineer or “decompile” any of the Services.
You may not use a modified device to use the Services if the
modification is contrary to the manufacturer’s software or hardware
guidelines, including disabling hardware or software
controls—sometimes referred to as “jail breaking.”
You may not encourage or help anyone in violation of these terms.
You are not a resident, national, or agent of the Crimea region,
Cuba, Iran, North Korea, Syria, or any other country to which the
United States, the United Kingdom, or the European Union embargoes
goods or imposes similar sanctions.
You may not have been identified as a Specially Designated National
or placed on any sanctions list by the U.S. Treasury Department’s
Office of Foreign Assets Control, the U.S. Commerce Department, or
the U.S. Department of State; and you will not use our Services to
conduct any illegal or illicit activity.
You have not been placed on any of the following lists: European
External Action Service Consolidated Financial Sanctions List; EU
Terrorist List; FATF Non-Cooperative Countries and Territories;
Federal Bureau of Investigation Most Wanted Terrorists & Seeking
Information; Bank of England Sanctions List; HM Treasury Sanctions
List; Politically Exposed Persons List; World Bank Ineligible Firms;
Department of Foreign Affairs and Trade Consolidated List.
Content Standards
You may not upload or submit content to the Services that is
illegal, defamatory, offensive, or otherwise harmful to others. This
includes, but is not limited to, content or content that is
harassing, inappropriate, grossly racist and hateful, lewd, or
abusive.
You may not upload or submit content to the Services that violates
the privacy, damages anyone’s intellectual property rights, violates
any laws, or breaks agreements you have with others.
You may not submit content to the Services containing malicious
computer code, such as computer “worms” or spyware.
You may not use the Services to spam others or use the Services to
build a particular address, username, or other unique identifier.
You may not use the Services to disclose information from or about
others that you don’t have the rights to disclose.
The “Content Standards” in this section extend to any content hosted
on any other site we service as a “backend” or an otherwise
connected to the Services.
The operator shall have the sole right to determine whether any of
the provisions in this “Content Standards” section have been
violated.
Enforcement
The operator may investigate and prosecute violations of these terms
to the fullest legal extent. The operator may notify and cooperate
with law enforcement authorities in prosecuting violations of the
law and these terms.
The operator reserves the right to change, redact, and delete
content on the Services for any reason. If we believe someone has
submitted content to the Services in violation of these terms, we’ll
contact the operator immediately. See Contact.
The operator may, at any time and in its sole discretion, remove any
transaction, including any erroneous data, or otherwise restrict
access to the Services, impose limits, or impose other conditions or
restrictions upon use of the Services, without prior notice. The
operator may also make the Services unavailable at any time, in its
sole discretion.
Your Information
You agree to:
-
Provide accurate, current and complete information about you if
requested by any registration or subscription forms on the
Services or otherwise requested by the operator.
- Maintain the security of your password and identification.
-
Maintain and promptly update any information you provide to the
operator, to keep it accurate, current and complete.
-
You understand that the operator may suspend or restrict access to
information or resources on the account where you deliberately or
continuously use the Services beyond what you are reasonably
entitled to.
-
Ensure that you do not attempt to access or use the Services
and/or its network from countries restricted under your account.
Know Your Customer
You acknowledge that the operator and its partners may perform Know
Your Customer (“KYC”) procedures on the information you provide, as
required by law, contract or internal risk frameworks.
You consent to such KYC procedures.
You agree that this is a general requirement and compliance with
regulatory requirements is required in all jurisdictions and is
deemed to be part of recommendations as given by the operator.
The operator in its sole and absolute discretion will decline to
accept any person’s resources or systems at any time, with no
requirement for any reason or explanation to any effect. Such
decision will not constitute an obligation, recommendation or
investment, legal or tax advice by the operator.
Third Party Service Providers
To provide the Services, the operator may use the following service
providers. You authorize us to share your information with these and
other service providers as necessary for the provision of the
Services. You authorize these service providers and their affiliates
and service providers to use, disclose and retain your personal data
in connection with these terms and the provision of the Services and
as required by law. As a condition of the use of the Services, you
agree to each of the agreements listed after each service provider.
Google
Cloudflare
AWS
LinkedIn
X
Instagram
Your Content
The operator is not obligated to review or edit any user-submitted
content on the Services.
Nothing in these terms gives the operator any ownership rights in
content or intellectual property that you share with the Services,
such as your account information and content you submit to the
Services. Nothing in these terms gives you any ownership rights in
the operator’s content or intellectual property, either. Unless
otherwise noted, the operator owns the intellectual property of the
Services and all content it has posted.
Between you and the operator, you remain solely responsible for
content you submit to the Services. You agree not to wrongly imply
that content you submit to the Services is from, sponsored by, or
approved by the operator. These terms do not obligate the operator
to store, maintain, or provide copies of content you submit.
Content you submit to the Services belongs to you, and you decide
how to license it to others. But at a minimum, you license the
operator to provide content that you submit to the Services to other
users of the Services. That special license allows the operator to
copy, publish, and analyze content you submit to the Services.
When content you submit is removed from the Services, whether by you
or by the operator, the operator’s special license ends when the
last copy disappears from the operator’s backups, caches, and other
systems. Other licenses you give for your content may continue after
your content is removed. Those licenses may give others, or the
operator itself, the right to share your content through the
Services again.
Others who receive content you submit to the Services may violate
the terms on which you license your content. You agree that the
operator will not be liable to you for those violations or their
consequences.
The operator reserves the right to terminate, in its sole
discretion, the accounts of any users who repeatedly infringe the
intellectual property of others.
Our Content
Unless otherwise stated, the operator and/or its licensors own the
intellectual property rights for all material in the Services.
Certain images or videos appearing on the Services may belong to
third parties, in which case the operator is using such images as a
fair and permissible use and/or with the consent of the copyright
holder. All intellectual property rights are reserved.
You may view and/or use content in the Services for your own
personal use subject to restrictions set in these terms and
conditions.
You may not republish, sell, rent, sub-license, reproduce,
duplicate, or copy content from the Services, except with regard to
your own content, or content to which you hold a suitably permissive
license.
You may not redistribute content from the Services unless such
content is specifically designated for redistribution.
Nothing in these terms confers any license to any intellectual
property rights, except as explicitly stated.
DMCA
If you believe that any material on the Services infringes upon any
copyright which you own or control, you may send a written
notification of such infringement to our designated agent as set
forth below:
Name of Agent Designated to Receive Notification of Claimed
Infringement:
Mark Roszak 1121 Law
E-Mail Address of Designated Agent: Mark@1121.law
To meet the notice requirements under the Digital Millennium
Copyright Act (“DMCA”), the notification must be a written
communication that includes the following:
-
A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
-
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works are covered by a
single notification, a representative list of such works;
-
Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material;
-
Information reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone number and, if
available, an electronic mail address at which the complaining
party may be contacted;
-
A statement that the complaining party has a good-faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or the law;
-
A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
Your Responsibility
You agree to reimburse the operator for all the costs of legal
claims by others related to your breach of these terms, or breach of
these terms by others using your account. Both you and the operator
agree to notify the other side of any legal claims you might have to
reimburse the operator for as soon as possible. If the operator
fails to notify you of a legal claim promptly, you won’t have to
reimburse the operator for costs that you could have defended
against or lessened with prompt notice. You agree to allow the
operator to take over investigation, defense, and settlement of
legal claims you would have to reimburse the operator for, and to
cooperate with those efforts.
The operator agrees not to enter any settlement that admits you were
at fault or requires you to do anything without your permission.
Disclaimers
You accept all risk of using the Services and their
content.
As far as the law allows, the operator provides the Services and its
content “as is,” without any warranty whatsoever. The operator
expressly disclaims, and you expressly waive, any representations,
conditions or warranties of any kind, including, without limitation,
the implied or legal warranties and conditions of merchantability,
merchantable quality, quality or fitness for a particular purpose,
title, security, availability, reliability, accuracy, quiet
enjoyment and non-infringement of third party rights.
You confirm that you accept all risk associated your personal
financial, cryptocurrency, and other crypto asset holdings,
staking, and transfers.
You agree and acknowledge that the operator is not responsible or
liable for any loss, harm, or damage, of any kind, related to or
arising from your use of the Services, or arising from disclosure of
your personal wallet “key,” even if such loss may be attributed to
an error or “bug” in the Services.
We do not warrant that the Services will be compatible with your
mobile device or carrier. Your use of the Services may be subject to
the terms of your agreements with your mobile device manufacturer or
your carrier.
At any time, your access to your tokens or other cryptocurrency
assets may be suspended or terminated or there may be a delay in
your access or use which may result in your tokens or other
cryptocurrency assets diminishing in value or you being unable to
complete a smart contract.
You accept all risks associated with the use of the Services to
conduct cryptocurrency transactions, including, but not limited to,
in connection with the failure of hardware, software, internet
connections, and failures related to any supported network.
The Services may be suspended or terminated for any or no reason,
which may limit your access to your cryptocurrency assets.
The website may hyperlink to and integrate websites and services run
by others. The operator does not make any warranty about services
run by others, or content they may provide. Use of services run by
others may be governed by other terms between you and the one
running service.
You agree that you understand the inherent risks associated with
cryptographic systems, including hacking risks and future
technological development.
You agree that you have an understanding of the usage and
intricacies of native cryptographic tokens. You acknowledge and
understand that with regard to any cryptographic tokens “stored” in
a wallet to which you have custody, you alone are responsible for
securing your private key(s). We do not have access to your private
key(s). Losing control of your private key(s) will permanently and
irreversibly deny you access to blockchain resources and your
blockchain wallet.
You agree that with regard to any cryptographic tokens or other
assets stored on resources hosted by the operator, the operator is
not liable to you for any loss, failure, or unavailability of any
kind, of such tokens or assets, for any reason.
Regardless of anything to the contrary in these terms, nothing in
these terms is a waiver, and we will not assert there has been a
waiver, that would not be permissible under Section 14 of the
Securities Act of 1933, Section 29(a) of the Securities Exchange Act
of 1934, or any other applicable provision of federal and state
securities laws.
You acknowledge that the operator and its affiliates do not provide
investment advice or a recommendation of securities or investments.
You should always obtain independent investment and tax advice from
your professional advisers before making any investment decisions.
The information and services provided on the Services are not
provided to, and may not be used by, any person or entity in any
jurisdiction where the provision or use thereof would be contrary to
applicable laws, rules or regulations of any governmental authority
or where the operator is not authorized to provide such information
or services. Some products and services described on the Services
may not be available in all jurisdictions or to all clients.
You acknowledge that you are not relying on the operator or any of
its affiliates, officers, directors, partners, agents or employees
in making an investment decision. Always consider seeking the advice
of a qualified professional before making decisions regarding your
business and/or investments. The operator does not endorse any
investments and shall not be responsible in any way for any
transactions you enter into with other users. You agree that the
operator and its affiliates, officers, directors, partners, agents
or employees will not be liable for any loss or damages of any sort
incurred as a result of any interactions between you and other
users.
It is your responsibility to determine what, if any taxes may apply
to the transactions you complete under the Services and it is your
responsibility to report and remit the appropriate tax to the
relevant taxing authorities. You agree that the operator is not
responsible for determining whether taxes apply to the exchanges
made under the Services.
Limits on Liability / Indemnification
As far as the law allows, neither you nor the operator will be
liable to the other for any: (1) financial losses; (2) loss of use,
data, business or profits; or (3) indirect, special, consequential,
exemplary, punitive, or any other damages arising out of or relating
to the Services or these Terms of Service.
Both you and the operator acknowledge that the limitations of
liability in this section are material provisions of these Terms of
Service, and that absent those limitations of liability, one or both
of the parties would have declined to enter into the Terms of
Service on the economic and other terms stated in it.
To the extent not expressly prohibited by law, both you and the
operator knowingly, voluntarily, intentionally, permanently, and
irrevocably:
-
AGREE that the rights and obligations of both you and the operator
that arise out of or relate to the Services, or any transaction or
relationship resulting from the Services or these Terms of
Service, are to be defined solely under the law of contract in
accordance with the express provisions of these Terms of Service;
-
WAIVE any such obligations allegedly owed by you or the operator
that are not expressly stated in these Terms of Service, whether
those obligations are alleged to arise in (for example)
quasi-contract; quantum meruit; unjust enrichment; promissory
estoppel; tort; strict liability; by law (including for example
any constitution, statute, or regulation); or otherwise.
You and the operator specifically agree that each limitation of
liability in this section is to apply:
Except as expressly stated otherwise in the Agreement: The
cumulative total liability of both you and the operator, for any and
all breaches of these Terms of Service, is not to exceed one hundred
US Dollars ($100.00 USD) OR the amount paid by you to the operator
as fees for the use of the Services, whichever is smaller.
Both you and the operator expressly agree not to seek damages in
excess of any applicable limitation of liability stated in these
Terms of Service.
Both you and the operator acknowledge that some jurisdictions might
not permit limitation or exclusion of remedies under some
circumstances, in which case some or all of the limitations of
liability stated in this section might not apply; this sentence,
though, is not to be taken as a concession that any particular
limitation or exclusion should not apply.
You agree that you will defend, indemnify and hold harmless the
operator, its affiliates, licensors and service providers, and its
and their respective officers, directors, employees, contractors,
agents, licensors, suppliers, successors and assigns from and
against any claims, liabilities, damages, judgments, awards, losses,
costs, expenses or fees (including reasonable attorneys’ fees)
arising out of or relating to your violation of these Terms or your
use of the Services.
Termination
Either you or the operator may end this agreement at any time. When
this agreement ends, your permission to use the Services also ends.
If you violate any provision of this agreement for any reason, this
agreement will automatically terminate and you must cease and desist
from any further use of the Services.
The following sections continue after this agreement ends: Your
Content, Feedback, Your Responsibility, Disclaimers, Limits on
Liability, and General Terms.
Disputes
The law of Delaware will govern these terms and all legal
proceedings related to these terms or your use of the Services.
We both agree that all disputes related to the Services under these
terms will be heard by arbitration. The arbitration will be in
English, heard by one arbitrator, and conducted by JAMS.
The arbitration will be conducted under JAMS’ Comprehensive
Arbitration Rules & Procedures, and in accordance with the Expedited
Procedures in those rules, except as modified by these terms. The
JAMS rules are available at https://www.jamsadr.com/
The arbitrator’s judgment will be final and enforceable in any court
of competent jurisdiction.
The seat of the arbitration will be Wilmington, Delaware, but the
arbitration will be conducted remotely to the extent permitted by
the arbitration rules in effect.
We both agree to maintain the confidential nature of any arbitration
proceeding and any award, except as may be necessary to prepare for
or conduct any arbitration hearing.
As a limited exception to the requirement for arbitration, both
sides retain the right to seek injunctive or other equitable relief
from a court to prevent (or enjoin) the infringement or
misappropriation of our intellectual property rights.
If, for any reason, a dispute is heard in a court of law, both sides
agree to bring any proceedings related to this agreement (other than
the enforcement of a judgment) only in courts of competent
jurisdiction in the location of the operator’s incorporation.
Neither you nor the operator will object to jurisdiction, forum, or
venue in those courts.
Both sides waive their rights to trial by jury, and agree to bring
any legal claims related to this agreement as individuals, not as
part of a class action or other representative proceeding.
General Terms
If a section of these terms is unenforceable as written, but could
be changed to make it enforceable, that section should be changed to
the minimum extent necessary to make it enforceable. Otherwise, that
section should be removed, and the others should be enforced as
written.
You may not assign this agreement. The operator may assign this
agreement to any affiliate of the operator, any other company that
obtains control of the operator, or any other company that buys
assets of the operator related to the Services. Any attempt to
assign against these terms has no legal effect.
Neither the exercise of any right under this agreement, nor waiver
of any breach of this agreement, waives any other breach of this
agreement.
These terms, plus the terms on any Services incorporating them by
reference, are all the terms of agreement between you and the
operator about use of the Services. This agreement entirely replaces
any other agreements about your use of the Services, written or not.
Contact
You may contact the operator with questions or concerns regarding
these terms at contact@3thix.com.
The operator may notify you under these terms using the e-mail
address you provide for your account on the Services, or by posting
a message to the homepage of the Services or your account page.
Changes
The operator may update the terms of service for the Services. The
operator will post all updates to the Services. The operator may
also announce updates with special messages or alerts on the
Services.
Once you get notice of an update to these terms, you must agree to
the new terms in order to keep using the Services.