Privacy Policy

GFT Exchance Privacy Policy

Last Updated: June 1, 2021

GFT™ is a distributed application that runs on an Ethereum network, using specially-developed smart contracts (each, a “Smart Contract”) to enable users to own, transfer, and sell Authenticate Digital Collectibles™, which can then be visualized on a web or wap site that the user can interact with (the “Platform”). The Smart Contracts and the Platform are collectively referred to in these Terms as the Platform. Using the Platform, users can view their authentic digital collectibles and use the Smart Contracts to acquire, trade, and sell collectibles with a connected app in the Platform.

Greenfence Consumer, llc d/b/a The GFT Exchange ("GFT”, "we", or "us") is making the Platform available to you. Before you use the Platform, the Smart Contracts, or the Site, however, you will need to agree to these Terms of Use and any terms and conditions incorporated herein by reference (collectively, these “Terms"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM, THE SMART CONTRACTS, OR THE PLATFORM. THESE TERMS GOVERN YOUR USE OF THE PLATFORM, THE SMART CONTRACTS, AND THE SITE, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE PLATFORM, THE SMART CONTRACTS, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE PLATFORM, THE SMART CONTRACTS, THE SITE, OR ANY PART OF THEM, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE PLATFORM, THE SMART CONTRACTS, OR THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM, THE SMART CONTRACTS, OR THE SITE.

1. The GFT Exchange

A. We have utilized Smart Contracts to develop initial generation or “GEN-Zero” collectibles based on Intellectual Property provided by various IP partners. We release a specific number of Gen-Zero collectibles through distribution partners platforms and, based on the partner’s terms, make them available for collecting, trading, selling and/or purchasing upon Program launch.

B. Rules governing the use and exchange of each collectible may vary based on the original IP owner, distribution partner, and collectible experience. The Smart Contracts contain metadata that manage the rule sets of each collectible.

C. How you use your collectibles is managed by you, the user. You may purchase, sell, trade and collect collectibles.

2. The Platform

A. The Platform can be used through web or mobile browsers, or in various in-app experiences.

B. Transactions that take place on the Platform are managed and confirmed via a private blockchain using the Ethereum protocol. You understand that your public Ethereum address will be publicly visible whenever you engage in a transaction on the Platform.

C. We neither own nor control any third party Ethereum-based organizations, companies, or applications such as MetaMask, Coinbase, Google Chrome, the Ethereum Foundation, or any other third party site, product, or service that you might access, visit, or use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.

D. You must provide accurate and complete registration information when you create an account for the Platform. By creating an account, you agree to provide accurate, current and complete account information about yourself, and to maintain and promptly update as necessary your account information. You are responsible for the security of your account and your 3rd party wallets, Ethereum wallets and non-greenfence accounts. If you become aware of any unauthorized use of your password or of your GFT account you agree to notify us immediately at support@gftexchange.com.

3. Fees and Payment

A. If you elect to purchase, trade, or collect authentic digital assets on the Platform, or from other users via the Platform, all financial transactions must be conducted via the GFT Exchange or GFT Exchange partners. We have no insight into or control over payments or transactions on the public Ethereum network. With that in mind, we 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 Platform, or using the Smart Contracts, or any other transactions that you conduct via the Ethereum network or third party partners on the Ethereum network.

B. The public Ethereum network requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the operation of the network of computers that run the Ethereum blockchain. This means you will need to pay a Gas Fee for each transaction that occurs outside of the Platform. Meaning, if you transfer the asset to a third party wallet on the Ethereum blockchain, you will be responsible for all gas fees.

C. In addition to the Gas Fee, each time you utilize a Smart Contract to conduct a transaction with another user via the Platform, you authorize us to collect a fee determined by us (each, a “Fee”). You acknowledge and agree that the Fee will be transferred directly to us through the Platform as part of your payment. We may, in addition, collect a Fee for interactions that do not involve our Platform based on rules determined by our IP partner(s).

D. 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 Platform (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or sale of your collectibles). Except for income taxes levied on greenfence, you: (i) 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 (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.

4. Ownership; Restrictions

A. You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the Platform, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with greenfence partners), design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Platform (collectively, the “Collectibles”) are owned by greenfence and/or the content partner, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All greenfence collectibles or greenfence partner collectibles are the copyrighted property of greenefence or its content partners, and all trademarks, service marks, and trade names contained in the greenfence are proprietary to greenfence or its licensors. Except as expressly set forth herein, your use of the Platform does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Platform. We reserve all rights in and to the greenfence collectibles not expressly granted to you in the Terms. For the sake of clarity, you understand and agree: (i) that your “acceptance” or a “purchase” of a GFT Collectible, whether via the Platform or otherwise, does not give you any rights or licenses in or to the greenfence collectibles (including, without limitation, our copyright in and to the art and drawings associated with that GFT collectible) other than those expressly contained in these Terms; and (ii) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the greenfence GFT collectibles in any way without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.

B. You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including without limitation about how to improve the Platform (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, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

C. You agree that you are responsible for your own conduct while accessing or using the Platform, and for any consequences thereof. You agree to use the Platform only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the Platform any content that infringes the intellectual proprietary rights of any party; (v) use the Platform to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users’ enjoyment of the Platform; (viii) exploit the Platform for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the Platform; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the App or any part of it; (xi) reformat or frame any portion of the Platform; (xii) display any content on the Platform that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the App, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretenses; or (xv) access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services.

5. Termination

You may terminate these Terms at any time by canceling your account on the Platform and discontinuing your access to and use of the Platform. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Platform. You agree that any suspension or termination of your access to the Platform may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Platform due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Platform or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Sections 2.C and 3 through 16 will survive the termination or expiration of these Terms for any reason.

6. Disclaimers

A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK, AND THAT THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE PLATFORM, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE APP WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE PLATFORM WILL BE ACCURATE, (III) THE PLATFORM OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APP WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK, THIRD PARTY WALLETS OR ANY KNOWN OR UNKNOWN ENTITY OR APPLICATION ON THE ETHEREUM NETWORK, 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; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, ETHEREUM NETWORK, OR OR ANY KNOWN OR UNKNOWN ENTITY OR APPLICATION ON THE ETHEREUM NETWORK.

D. GFT COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK OR BLOCKCHAIN PLATFORM GREENFENCE CHOOSES TO USE. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM OR BLOCKCHAIN PLATFORM GREENFENCE CHOOSES TO USE. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.

E. GREENFENCE IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK, 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.

7. Limitation of Liability

A. YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, PARTNERS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE PLATFORM, 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 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.

C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE PLATFORM 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 PLATFORM TO YOU WITHOUT THESE LIMITATIONS.

D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.

8. Assumption of Risk

You accept and acknowledge each of the following:

A. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your GFT collectibles, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of GFT collectibles will not lose money.

B. You are solely responsible for determining what, if any, taxes apply to your GFT collectibles-related transactions. Greenfence is not responsible for determining the taxes that apply to your transactions on the Platform, the Site, or the Smart Contracts.

C. The Platform does not store, send, or receive GFT collectibles. This is because GFT collectibles exist only by virtue of the ownership record maintained on the Platform’s supporting blockchain in the Ethereum network. Any transfer of GFT collectibles occurs within the supporting blockchain in the Ethereum network, and not on the App.

D. There are risks associated with using an Internet-based erc-721 token or digital 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 Greefence will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, however caused.

E. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the GFT Exchange ecosystem, and therefore the potential utility or value of GFT Exchange.

F. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the GFT Exchange ecosystem, and therefore the potential utility or value of GFT Exchange.

G. Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-721 standard, including the GFT Exchange ecosystem.

9. Indemnification

You agree to hold harmless and indemnify Greefence and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Platform, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Platform. You agree that Greenfence will have control of the defense or settlement of any such claims.

10. External Sites

The Platform may include hyperlinks to other websites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.

11. Changes to the Terms

At any time, the GFT Exchange Terms may change based solely on Greenfence. Users will be notified by Greenfence to new Terms as they change.

12. Changes to the Platform

We may make changes to the Terms from time to time. When we make changes, we will make the updated Terms available on the Platform and update the “Last Updated” date at the beginning of these Terms accordingly. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the Platform after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Platform.

13. Children

You affirm that you are over the age of 13, as the App is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE APP, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

14. Privacy Policy

Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

15. Termination, Dispute Resolution; Arbitration

TERMINATION OF USE

A USER MAY TERMINATE THEIR USE OF THE PLATFORM AT ANYTIME WITHOUT NOTICE. THESE TERMS GOVERN YOUR USE OF THE PLATFORM WHILE YOU ARE USING THE PLATFORM. IN THE EVENT THAT YOU STOP USING THE PLATFORM, YOU ARE NO LONGER SUBJECT TO THESE TERMS. HOWEVER, IN THE EVENT THAT WHILE USING THE PLATFORM YOU HAVE VIOLATED THESE TERMS OR HARMED GREENFENCE, THE PLATFORM, OR ANOTHER USER, YOU MAY BE SUBJECT TO LIABILITY AND/OR PROSECUTION, WHETHER OR NOT YOU HAVE STOPPED USING THE PLATFORM.

CHOICE OF LAW AND VENUE

NEVADA LAW WILL GOVERN THESE TERMS, AS WELL AS ANY CLAIM, CAUSE OF ACTION OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND GREENFENCE (A “CLAIM”), WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Los Angeles, California, United States of America, and judgment on the award may be entered into any court having jurisdiction thereof. Notwithstanding anything herein to the contrary, GREENFENCE may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

GENERAL TERMS

Termination: A User may terminate their Use of the Platform at anytime without notice. Further, in the event that You violate any material term or condition contained in these Terms, we reserve the right to suspend Your access to the Platform until such time as the violation is resolved, subject to Greenfence approval. We further reserve the right, in Our sole discretion, to terminate any User account for violating any material term or condition contained in these Terms. In any such event, You will be notified and given an opportunity to remove any Content that is yours, provided that it is not the subject matter of any such violation and is uncontested by any other User that may have been subject to Your violation.

Under normalized Platform operations, We reserve the right to limit any Users access to the Platform, including Yours with notice to You for any or no reason, and without liability of any kind. Any such action could prevent You from accessing Your account and the Platform. In such event You will receive notice to remove Your Content from Your account. Afterwards, You must immediately cease accessing or using the Platform and agree not access or make use of, or attempt to use, the Platform. Furthermore, You acknowledge that Greenfence reserves the right to take action — technical, legal or otherwise — to block, nullify or deny Your ability to access the Platform. You understand that Greenfence may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Greenfence.

All provisions of these Terms, which by their nature should survive termination, shall survive the termination of Your access to the Platform, including, without limitation, provisions regarding Definitions, Translation, Content, Restrictions, Indemnity, Disclaimers and Limitations of Liability, Choice of Law and Venue, and General Terms.

Except as otherwise stated, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

The Terms contain the entire agreement between You and Us regarding the use of the Platform, and supersede any prior agreement between You and Us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

If You breach any term of these Terms or other agreement with Greenfence, Greenfence may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Greenfence’s remedies are cumulative and not exclusive. Failure of Greenfence to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of this agreement at any time thereafter.

These Terms are not assignable, transferable or sublicensable by You except with Greenfence’s prior written consent. Greenfence may transfer, assign or delegate the Terms and its rights and obligations without consent.

No joint venture, partnership, employment or agency relationship exists between You and Greenfence as a result of these Terms or Your use of the Platform. In the event that any provision herein is determined to be void or unenforceable for any reason, such determination shall not affect the validity or enforceability of any other provision, all of which shall remain in full force and effect.

16. General

These Terms constitute the entire legal agreement between you and Greenfence, govern your access to and use of the Platform, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Platform, whether oral or written. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms create any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision. These Terms will be governed by and construed in accordance with the laws of the state of Nevada, and the federal laws of the United States of America applicable therein, excluding its conflicts of law rules and principles. Subject to Section 15, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or provincial courts located in Vancouver, British Columbia, and the parties irrevocably consent to the personal jurisdiction and venue there. We will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labor conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that we may provide you with notices (including, without limitation those regarding changes to these Terms) by email, regular mail, or postings on the App. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.

Contact

You may contact us at the following address:

GFT.Exchange 1601 Sepulveda Blvd. #752 Manhattan Beach, CA 90266

Updated date: 11 April 2021