TERMS & CONDITIONS
The Galaxy Fight Club (henceforth known as GFC) is an NFT-based game project with a dedicated mobile game. GFC's first NFT collection was a run of 10,126 individual ERC-721 tokens (also referred to as 'Galaxy Fighters', 'Fighters', or 'GFC NFTs') with generative traits that correspond to pieces of art hosted on IPFS; GFC also has a second run of 10,000 individual ERC-1155 tokens (also referred to as 'Genesis Gear Collection', 'Genesis Keys' or 'GFC NFTs') that correspond to pieces of art hosted on IPFS.
These terms and conditions (“Terms”) govern the use of the Website (defined below) and the Services (defined below). These Terms also include any guidelines, announcements, additional terms, policies, and disclaimers made available or issued by us from time to time. These Terms constitute a binding and enforceable legal contract between GFC and you, an end user of the services (“you” or “User”) at https://galaxyfightclub.com/ (“Services”). We are only willing to make the Services available to you if you accept all of these Terms. By accessing, using or clicking on our website (and all related subdomains) or its mobile applications (“Website”) or accessing, using or attempting to use the Services, you agree that you have read and understood and are bound by these Terms and that you comply with the requirements listed herein. If you do not agree to any of these Terms or do not wish to comply with the requirements herein, please do not access or use the Website or the Services. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.
This Website is merely an interface allowing participants to exchange digital collectibles on the Ethereum blockchain, users are entirely responsible for the safety and management of their own Ethereum wallets and digital assets.
You may be required to register with the Website to access the Services. You represent and warrant that all registration information you submit will be true, accurate, current and complete, and you will maintain the accuracy of such information and promptly update such registration information as necessary. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username selected by you in our sole discretion, if such username is inappropriate, obscene or otherwise objectionable. If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately.
We may modify, suspend or discontinue the Website or the Services at any time and without notifying you. We may also change, update, add or remove provisions of these Terms from time to time. Any and all modifications or changes to these Terms will become effective upon publication on our Website or release to Users. Therefore, your continued use of our Services is deemed your acceptance of the modified Terms and rules. If you do not agree to any changes to these Terms, please do not access or use the Website or the Services. We note that these Terms between you and us do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore, our privacy policy, platform rules, guidelines and all other agreements entered into separately between you and us are deemed supplementary terms that are an integral part of these Terms and shall have the same legal effect. Your use of the Website or Services is deemed your acceptance of any supplementary terms too.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Website or the Services. You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
AML / KYC services
Countries of Restriction, do not participate in the IDO if you are from the following countries (each, a “Restricted Country”):
Afghanistan, Angola, Azerbaijan, Burundi, Bahamas, Bosnia and Herzegovina, Botswana, Canada, China, Cameroon, Democratic Republic of the Congo, Republic of the Congo, Cuba, Eritrea, Ethiopia, Ghana, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Japan, Cambodia, Republic of Korea, Laos, Libya, Sri Lanka, Madagascar, Mozambique, Nicaragua, Pakistan, Democratic People's Republic of Korea, Sudan, Somalia, Serbia, South Sudan, Seychelles, Stria, Chad, Tajikistan, Turkmenistan, Trinidad and Tobago, Tunisia, Uganda, Ukraine, United States, Uzbekistan, Venezuela, Vanuatu, Yemen, and Zimbabwe
Eligibility
By accessing, using or clicking on our Website and using or attempting to use our Services, you represent and warrant that:
Not a Fundraiser
This is NOT a fundraiser and you should not purchase the GFC NFTs with the purpose of providing funding for game development or in the expectation that these GFC NFTs will increase their value off of other people's work. All collections dropped by GFC is strictly conducted as an GFC NFT sale or transaction and you should only purchase this GFC NFT for its artistic or in-game value.
No Guarantees or Future Promises
GFC is dedicated to continue to develop this project and community. We have released information outlining some of the future goals we hope to accomplish. While we intend to work towards those goals, sometimes things change and we cannot guarantee that this original project will sell out entirely nor can we guarantee future developments. GFC reserves the right in its sole discretion to modify, suspend, or discontinue the project, protocol, platform or Services (or any features or parts thereof), temporarily or permanently, at any time and without prior notice or liability as a result. You agree that your purchase of your GFC NFT from our initial project is all you are guaranteed to receive with your initial purchase. Any future game development, potential airdrops, community gatherings, or other benefits are ancillary to this purchase and not to be taken into consideration with your initial purchase. You agree that you are not relying on any future commitments by GFC in using this site and participating in the GFC ecosystem or any of our product sale.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the GFC ecosystem. The regulatory regime governing blockchain technologies, cryptocurrencies, NFTs, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the GFC ecosystem.
There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that GFC will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the network, however caused.
GFC NFTs Are Not Intended as Investments
The GFC NFTs are meant to be a fun art and Non-Fungible Token for you to collect. They are not meant as investment vehicles. We make absolutely no promise or guarantee that these GFC NFTs will be worth anything. You understand that they have no inherent monetary value, and they should be treated as nothing more than a fun and beautiful collectible.
What We Own
The GFC NFTs are owned and operated by a GMI Entertainment Limited. All rights that are not specifically granted to the users and owners of the GFC NFTs are reserved by the organization. This includes but is not limited to the intellectual property and proprietary rights surrounding the “The Galaxy Fighter” names, logos and trademarks (“Marks”), the Website, the design, systems, database, functionality, software, look and feel of the user interface, the smart contract code, the generative traits in general, a compilation of the content, and any future community wallet (collectively, “Content”). In addition to owning the IP surrounding the name “The Galaxy Fighter”. we reserve the exclusive right to use The Galaxy Fighter official logos for future merchandising purposes. Except as expressly provided in these Terms, no part of the Website or the Services as well as the smart contract relating to the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
You may choose to submit comments, bug reports, ideas or other feedback about the Website or the Services, including without limitation about how to improve the Services (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). You hereby grant us a perpetual, irrevocable, non-exclusive, unlimited, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
You Own Your Galaxy Fighter
The initial product launch of The Galaxy Fighter is a run of 10,126 individual ERC-721 tokens (“Galaxy Fighters” or “GFC NFTs”) with generative traits that correspond to pieces of art hosted on our servers and transferred to IPFS after the sale. By connecting your Ethereum wallet and minting a Galaxy Fighter with our smart contract, you gain full and complete ownership of your GFC NFT.
You Own Exclusive Commercial Rights to Your GFC NFTs
You will own full commercial rights to your Galaxy Fighter so long as you continue to own and control the GFC NFT. You may assign some of these rights to other commercial projects, but any future transfer of your GFC NFT will be subject to those rights that you have already assigned. You can put your Galaxy Fighter on clothing and merchandise, include them in video games and video projects, and generally do whatever you want with your Galaxy Fighter. For the avoidance of doubt, you cannot use the name “The Galaxy Fighter” on any commercial product unless connected directly to a “#” and the number of your Galaxy Fighter signifying the GFC NFT you own. You agree not to use your Galaxy Fighter in any project or derivative work that involves hate speech, racism, pornography, or any other illegal content.
You Can Make Derivative Works
We want you to feel empowered to create new projects and uses for your Galaxy Fighter. To give you the greatest amount of flexibility possible, we intend upon launch to give you access to a hi-resolution downloadable image of your Galaxy Fighter. You have the right to make derivative works of your Galaxy Fighter so long as you own the Galaxy Fighter at the time of creation. Additionally, you may assign those rights to other artists, creatives, or third-party projects so long as you own the GFC NFT at the time you grant such permissive use.
Your NFTs Imported into Our Game
We aim to develop a game where you can bring your own NFT collections onto our platform and battle with that character. By connecting your Ethereum wallet and importing your NFT collections into our game, you agree to grant us unlimited rights to add, amend, alter, modify, revise or otherwise make derivative works of your NFT within our game, our Website and such ancillary Services we may provide from time to time, and to use, distribute, advertise, market or display such derivative works of your NFT with in-game footage or graphic for commercial or other purposes.
Many Third Party Uses Are Not Restricted
Nothing in these terms are meant to limit you or a third party from
Limitations of Liability for Gas, Failed Transactions,
Smart Contract Bugs
We have worked very hard to make sure that there are no bugs in our smart contract and that our initial GFC NFT launch is smooth. As we have seen in many previous projects, however, sometimes things break. You agree to hold GFC organization harmless for any losses you may incur as a consequence of minting your GFC NFT. These potential losses include any gas fees for failed transactions, any excessive gas fees charged due to Website or smart contract bugs, and any loss of your GFC NFT due to Website or smart contract bugs.
Restrictions
You shall not access, use or click on our Website and/or use or attempt to use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may NOT: (a) use our Website or use the Services in any dishonest or unlawful manner, for fraudulent or malicious activities, or in any manner inconsistent with these Terms; (b) violate applicable laws or regulations in any manner; (c) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of GFC, delete the copyright or other proprietary rights notice from any content in the Website or the Services, or copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (d) use our Website or use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or computer code designed to adversely affect the operation of any computer software or hardware; (e) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy, monitor, replicate or bypass the Website or the Services, or to circumvent, disable or otherwise interfere with security-related features of the Website or the Services; (f) systematically retrieve data or other content from the Website or the Services to create or compile, directly or indirectly, a collection, compilation, database or directory, or make any back-up or archival copies of the Website or any part thereof, including disassembling or de-compilation of the Website without written permission from us; (g) violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using our Website and the Services, or any actions to harass, abuse, intimidate, threaten or harm another person by using any information obtained from the Website or the Services; (h) use the Services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law); (i) attempt to access any part or function of the Website without authorization, or connect to the Website or Services or any Company servers or any other systems or networks of any the Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (j) probe, scan or test the vulnerabilities of the Website or Services or any network connected to the properties, or violate any security or authentication measures on the Website or Services or any network connected thereto; (k) reverse look-up, track or seek to track any information of any other Users or visitors of the Website or Services; (l) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of the Website or Services, or the infrastructure of any systems or networks connected to the Website or Services; (m) use any devices, software or routine programs to interfere with the normal operation of any transactions of the Website or Services, or any other person’s use of the Website or Services; (n) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to GFC or the Website; (o) make any unauthorized use of the Website or the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (p) use a buying agent or purchasing agent to make purchases on the Website or through the Services; (q) sell or otherwise transfer your profile; (r) use the Website or the Services as part of any effort to compete with us or otherwise use the Website, the Services and/or the Content for any revenue-generating endeavour or commercial enterprise; (s) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); or (t) except as may be the result of standard search engines or Internet browser usage, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Website or the Services, or using or launching any unauthorized script or other software. By accessing the Services, you agree that we have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice.
Termination
GFC may terminate, suspend, or modify your access to Website and/or the Services, or any portion thereof, immediately and at any point, at its sole discretion. GFC will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Services. Upon termination of your access to the Services, these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry. Upon any termination, suspension, or modification of your access to the Website and/or the Services, you may no longer have access to information that is posted on the Website or that is related to your account (if any), and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
No Warranties and Limitation of Liabilities
THE PROJECT AND OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GFC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS, ACCURACY, RELIABILITY AND/OR NON-INFRINGEMENT. GFC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, ANY PART OF THE SERVICES, INCLUDING MOBILE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE AND WILL NOT BE LIABLE FOR ANY LOSSES RELATING THERETO. GFC DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE SERVICES OR ANY MATERIALS OF GFC ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GFC DOES NOT REPRESENT OR WARRANT THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE WEBSITE AND THE SERVICES WILL BE SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF GFC OR ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GFC OR ITS AFFILIATES; (B) ANY AUTHORIZED OR UNAUTHORIZED USE OF THE WEBSITE OR SERVICES, OR IN CONNECTION WITH THIS AGREEMENT; (C) ANY INACCURACY, DEFECT OR OMISSION OF ANY DATA OR INFORMATION ON THE WEBSITE; (D) ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA; (E) ANY DAMAGES INCURRED BY ANY ACTIONS, OMISSIONS OR VIOLATIONS OF THESE TERMS BY ANY THIRD PARTIES; OR (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY GFC.
YOU AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE WEBSITE AND THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED (100) US DOLLAR.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR FRAUD, WILFUL MISCONDUCT OR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK OR ANY OTHER ELECTRONIC WALLETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; OR (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE WEBSITE, ETHEREUM NETWORK OR OTHER ELECTRONIC WALLETS. WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR OTHER ELECTRONIC WALLETS, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
GALAXY FIGHTER IS INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALISED LEDGER WITHIN THE ETHEREUM PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
BY MAKING USE OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF ENCRYPTED OR DIGITAL TOKENS OR NFTS THAT ARE BASED ON BLOCKCHAIN AND CRYPTOGRAPHY TECHNOLOGIES AND ARE ISSUED AND MANAGED IN A DECENTRALIZED FORM (“DIGITIAL TOKENS”); (B) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF THE SERVICES AND TRANSACTIONS OF DIGITAL TOKENS; AND (C) GFC SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
EVEN IF GFC KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF OUR GROSS NEGLIGENCE, ACTUAL FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW OR EXCEPT IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS PROVISION WILL SURVIVE THE TERMINATION OF THESE TERMS.
WE MAKE NO WARRANTY AS TO THE MERIT, LEGALITY OR JURIDICAL NATURE OF ANY TOKEN SOLD ON OUR PLATFORM (INCLUDING WHETHER OR NOT IT IS CONSIDERED A SECURITY OR FINANCIAL INSTRUMENT UNDER ANY APPLICABLE SECURITIES LAWS).
YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE WEBSITE AND THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE WEBSITE AND THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.
Indemnity
You agree to indemnify and hold harmless GFC and its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors from and against any potential or actual claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to: (a) your use of, or conduct in connection with, the Website or Services; (b) your breach or our enforcement of these Terms; or (c) your violation of any applicable law, regulation, or rights of any third party during your use of the Website or Services.
If you are obligated to indemnify GFC and its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors pursuant to these Terms, GFC will have the right, in its sole discretion, to control any action or proceeding and to determine whether GFC wishes to settle, and if so, on what terms.
Your obligations under this indemnification provision will continue even after these Terms have expired or been terminated.
Confidentiality
You acknowledge that the Services contain GFC’s and its affiliates’ trade secrets and confidential information. You agree to hold and maintain the Services in confidence, and not to furnish any other person any confidential information of the Services or the Website. You agree to use a reasonable degree of care to protect the confidentiality of the Services. You will not remove or alter any of GFC’s or its affiliates’ proprietary notices. Your obligations under this provision will continue even after these Terms have expired or been terminated.
Third Party Website Disclaimer
Any links to third party websites from our Services does not imply endorsement by us of any product, service, information or disclaimer presented therein, nor do we guarantee the accuracy of the information contained on them. We neither own nor control the Ethereum network or any other third party sites, products or services that you might access, visit or use for the purpose of enabling you to use the various features of the Website or the Services. If you suffer loss from using such third party product and service, we will not be liable for such loss. In addition, since we have no control over the terms of use or privacy policies of third-party websites, you should carefully read and understand those policies.
Advertiser
We may allow advertisers to display their advertisements and other information in certain areas of the Website and for the Services such as sidebar advertisements or banner advertisements. If you are an advertiser, you should take full responsibility for any advertisements you place on the Website and/or the Services, and any services provided on the Website and/or through the Services, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Website and/or the Services, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers or control over the content of any advertisements.
Anti-Money Laundering
GFC expressly prohibits and rejects the use of the Website or the Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations. By using the Website or the Services, you represent that you are not involved in any such activity.
Fees and Taxes
Any purchases from the Website or marketplace will be done through smart contracts on a blockchain. Any transactions that you engage in will be conducted solely through the blockchain. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Website and/or the Services or using the smart contracts, or any other transactions that you conduct via the Ethereum network.
Ethereum requires the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralised Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs.
As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Services, including but not limited to any tax liability which may arise from minting or reselling your Galaxy Fighters or Genesis Keys. Except for income taxes levied on the Company, you: (a) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
You are solely responsible for determining what, if any, taxes apply to your transactions on the Website or through the Services. GFC is not responsible for determining the taxes that apply to your transactions on the Website or through the Services.
Class Action Waiver
You agree to waive any class action status, and any legal dispute around the GFC project which you may choose to bring can only be done on an individual basis.
Severability
If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Arbitration
In the event that a legal dispute arises from anything related to the GFC project, you agree to bring the case to binding arbitration according to the rules of the British Virgin Islands International Arbitration Centre (“Rules”) in force when the Notice of Arbitration (as defined in the Rules) is submitted.
Jurisdiction and Choice of Law
You agree that for purposes of any legal dispute, you will be subject to the jurisdiction of the British Virgin Islands and that any legal proceeding will be brought in the British Virgin Islands.
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