GGX - Gaming Marketplace | Buy, Sell, Trade Game Assets

Terms of useLast updated 16 March 2023

The ‘Good Game Exchange’ platform, including versions accessible through mobile or web applications (“GGX” or “Platform”) allows you to display and transact in Digital Assets in accordance with these Terms.These terms and conditions of use (‘Terms’) along with other policies available on GGX forms a legally binding agreement between you (‘You’, ‘Your’, ‘Yourself’, ‘User’) and GGX (‘We’, ‘Our’ or ‘Us’).IntroductionBy completing the account registration process and using GGX, you confirm that you understand and agree to these Terms, together with any documents that may be expressly referred to and are incorporated by reference, including the Privacy Policy (together with these terms and conditions set out below, the “Terms”).These Terms constitute a legal agreement between you and GGX and govern your access to and use of the GGX platform, including any content, functionality, and services offered on or through GGX or the Digital Assets.We reserve the right to change or modify these terms at any time and at our sole discretion. You agree and understand that by accessing or using GGX following any change to these Terms, you are regarded as having agreed to the revised Terms.We reserve the right, without notice and in our sole discretion, to terminate or suspend your access to or use of GGX and any Content and/or close your Account, at any time for any reason but in particular, if we suspect in our sole discretion that: (i) your Account is being used for illegal activity; (ii) you have concealed or provided false information; (iii) you have engaged in fraudulent activity; and/or (iv) you have engaged in activity in violation of these Terms.DefinitionsIn these Terms:

“Applicable Law” means any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other decision, requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;
“Digital Assets” include GGTs and NFTs, as defined in these Terms;
“GGT” means the ‘Good Game Token’, which is an in-game utility token made available on the Platform;
“NFT” means a non-fungible token built on the ERC 721 standard or semi-fungible tokens built on the ERC 1155 standard, made available on the Platform; and
"you/your" means the user of GGX and includes collectors, buyers, companies and anyone who has the legitimate possession of the NFT(s) and/or the GGT(s).

EligibilityGGX has sole and absolute discretion to allow or disallow your access to the GGX platform or any of its related services.By agreeing to these Terms, you represent and warrant that:

You are a natural person, as per any Applicable Law, regulation or generally accepted practices or guidelines.
You are at least 18 years of age.
You are not a person, whether our employee or not, who is involved in the development of the Platform, where such involvement could alter, modify or unduly influence your activity on the Platform, without our express written permission of Ours and subject to such terms and conditions as we may seek to impose on you.
You have the full right, power, and authority to agree to these Terms
You are not impersonating any other person.
You are compliant with all Applicable Laws to which you are subject.

GGX Account:You must create an account (“Account”) to use GGX. To create an account, we will require you to provide certain information about yourself and we may, in our sole discretion, require you to provide further information and/or documents at any stage during your use of GGX. We may, in our sole discretion, refuse, decline, suspend or disable your access or use of GGX.Changes to GGX:We may in our absolute and sole discretion change, update, amend, remove, or discontinue any part of the Site, the services and the Content at any time without prior notice to you.Fees:By transacting Digital Assets on GGX, you agree to pay all applicable fees and taxes as set out on the checkout screen at the time of your purchase. You authorize GGX to automatically deduct fees directly from payments to you and/ or add fees to your payments to GGX where applicableYour Use of GGX, Digital Assets and Conduct:We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use GGX and the Digital Assets. Such grant is subject to the following conditions:You undertake not to (and shall not, knowingly or otherwise, authorize, allow or assist any other party to):

conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing material or junk.
perform or facilitate unlawful activities that directly or indirectly violates any Applicable Laws (including but not limited to money laundering, terrorism financing and/or fraudulent activities) or immoral activities.
engage in any activity which operates to defraud GGX, other users, or any other person, or to provide any false, inaccurate, or misleading information to GGX.
upload content that is pornographic in nature, hurt religious sentiments, harmful to children, constitutes hate speech, is immoral or illegal, contains or is infected with viruses, malicious codes, Trojan horses or any other harmful or deleterious program. upload content that threatens the unity, integrity, defence, security or sovereignty of any country, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation(s).
Modify or adapt the whole or any part of GGX or incorporate GGX into any other programme or application without explicit written approval from GGX.
Disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of GGX or any components thereof.
Use GGX or your Account or the Digital Assets in any manner that would lead to infringement of our, our affiliates’ or any third party’s intellectual property rights, including without limitation any copyright, patent or trademark. You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property interests. Use GGX or your Account or the Digital Assets in a way that could damage, disable, impair or compromise GGX or interfere with other users or affect Our reputation.
To take any action to gain or attempt to gain unauthorized access to the account or wallets of other users.
Take any action that imposes an unreasonable or disproportionately large burden or load on the GGX infrastructure (including, but without limitation to our servers, networks, data centres and related or like equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of GGX.
Engage in any activities deemed inappropriate by us or which is in contravention of these Terms or any Applicable Laws.
Provide false, inaccurate, incomplete or misleading information to GGX or any of its Affiliates or third party services providers.
Engage in any cross border or international transaction(s) using GGX.
Transact in any Digital Asset during the rental period in any manner that is not expressly permitted, i.e., selling, exporting, cancelling or crafting the rented Digital Asset in any way during the rental period.

Subject to the Terms, Applicable Law, and transaction limits and such other conditions as GGX may impose in its sole discretion, GGX may allow you to send, receive and store Digital Assets using your Account. You are solely responsible for ensuring all transaction details are correct, and you should carefully verify all transaction information prior to submitting transaction instructions to GGX. If you send or receive Digital Assets using the Account, you shall send such Digital Assets only to, or receive such Digital Assets only from (as applicable), another blockchain wallet owned and controlled by you and not by any third party.Our Intellectual Property Rights

Unless otherwise indicated by us, the Site, all content, and other materials contained therein, including, without limitation, the GGX logo, and all designs, text graphics, pictures, information, data, software, and files relating to the GGX (the “Content”) are the proprietary property of GGX or our affiliates or partners, as applicable.
The GGX logo and any GGX product or service names, logos, or slogans that may appear on Our website or elsewhere are the proprietary property of GGX and may not be copied, imitated or used, in whole or in part, without our prior written permission.
Unless otherwise stated, you may not use any Content without our express written permission.
We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon any person’s intellectual property rights.

Your rights in the Digital Assets

Apart from the Content, all other copyrights, trademarks, product names, and logos on the Site relating to and including the Digital Assets and user content, are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property right owner.
When you transact with/ receive a Digital Asset, you own the Digital Asset and have the right to sell or give away the Digital Asset. If you own an Digital Asset, you will have a worldwide, perpetual, exclusive, transferable, licence to use, copy, and display the Digital Asset, for so long as you own the rights in the Digital Asset, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of GGX that permits the purchase, sale and display of your Digital Asset; (c) as part of a third party website or application that permits the inclusion, involvement, storage, or participation of your Digital Asset.
When you transact with a Digital Asset on rent, i.e., you borrow or lend an asset to use for a specific period of time or purpose, you will be penalized for selling, exporting, cancelling or crafting the rented digital asset in any way.
Without limiting the foregoing, if you believe that third-party material hosted by GGX infringes your copyright or trademark rights, please file a notice of infringement by contacting: legal@ggx.io

Data Protection / Privacy:Please refer to our Privacy Policy for details on how we collect, process, store and manage your data.Risks:You understand and agree that your access and use of GGX is subject to certain risks including without limitation:

Price and liquidity of blockchain assets, including the Digital Asset, are extremely volatile and may be subject to fluctuations;
Fluctuations in the price of other digital assets could materially and adversely affect the Digital Assets;
Legislative and regulatory changes or actions may adversely affect the use, transfer, and value of the Digital Assets;
Digital Assets are not legal tender and are not backed by any government;
Transactions involving Digital Assets may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable;
The value of Digital Assets may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for Digital Assets, and therefore the value of Digital Assets is subject to the potential for permanent or total loss of value should the market for Digital Assets disappear;
Digital Assets are subject to the risk of fraud, counterfeiting, cyber attacks and other technological difficulties which may prevent access to or use of your Digital Assets.
You understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself. GGX does not give any advice or recommendations regarding the Digital Assets. You understand and agree that you access and use GGX at your own risk. You understand and agree that GGX will not be responsible for any communication failures, disruptions, errors, or distortions you may experience when using the Digital Assets.
Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.

Taxes

You shall be liable to pay and all taxes under Applicable Law, including Goods and Services Tax and Income Tax, as may be necessary. Please consult an expert to ensure that all taxes are paid in accordance with Applicable Law.
We may be required to deduct TDS (tax deduction at source) or TCS (tax collected at source) in accordance with Applicable Law. By transacting Digital Assets on GGX, you explicitly authorise us to deduct TDS or TCS as may be required under Applicable Law.
You agree to provide Us with any and all information/ documents requested in connection with compliance with Applicable Law, including information relating to income tax or other taxes paid by You in connection with Digital Assets.
You may be required to obtain a GST registration under Applicable Law if transactions conducted by You on GGX exceed a certain threshold.

Disclaimers

These Terms pertain only to your use of the Platform and not any other platform that the Platform may be used in conjunction with, including but not limited to the ‘Striker’ platform offered by Phoenixplay Tech India Private Limited. We have no role in offering or operating any such third-party platform.
Users may engage in promotion of their respective user Content, including without limitation their Digital Assets, through various communications channels such as their social media accounts. GGX is not responsible for any such communications and/or promotional activities carried out by the Users and will not be liable to you in relation to any such communications and/or promotional activities.
You bear full responsibility for verifying the identity, legitimacy, and authenticity of Digital Assets you purchase on GGX. Notwithstanding indicators and messages that suggest verification, GGX makes no claims about the identity, legitimacy, or authenticity of Digital Assets on GGX.
Except as expressly provided to the contrary in writing by GGX, content contained therein, and the Digital Assets listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. GGX (and its partners) make no warranty whatsoever, including that GGX will (1) meet your requirements; (2) be available on an uninterrupted, timely, secure, or error-free basis; or (3) be accurate, reliable, complete or safe.
GGX will not be liable for any loss of any kind from any action taken or taken in reliance on material or information contained on GGX. GGX does not represent or warrant that any content on GGX is accurate, complete, reliable, current or error-free.
While GGX attempts to make your access to and use of GGX and content safe, GGX does not represent or warrant that content, any Digital Assets listed on GGX or any other part of GGX are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You acknowledge and accept the inherent security risks of providing information and dealing online over the Internet. We will not be responsible for any breach of security unless it is due to our gross negligence.
We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of the Digital Assets including but not limited to, any losses, damages, or claims arising from: (1) user error such as if you forget your password(s), incorrect transactions, or mistyped addresses; (2) server failure or data loss; (3) corrupted wallet files; (4) loss of Digital Assets.
To the fullest extent provided by Applicable Law, GGX hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the site and content contained therein. The foregoing does not affect any warranties that cannot be excluded or limited under Applicable Law.
We do not provide any investment advice or financial advice in connection with the Digital Assets or how they are to be transacted, on GGX or on any other platform. While We may provide information on the value, range, volatility of Digital Assets, and events that may affect/have affected the value of Digital Assets on GGX or through other social media channels/ platforms, this is not investment advice or financial advice and should not be construed or relied on as such. Your use of the Platform or transactions in Digital Assets is not, and shall not be construed as an offer or inducement for sale of any form of securities.
You are solely responsible for any and all ‘buy’, ‘sell’, ‘rent’ or trading orders placed through Your account, and all such orders entered by You are unsolicited and based on Your own research and decisions. You understand and acknowledge that You have not received and do not expect to receive any investment advice from Us or from any of our affiliates connection with Your ‘buy’, ‘sell’, ‘rent’ or trading orders. You further understand and acknowledge that under no circumstances will your use of the Platform or Services be deemed to create a relationship that includes the provision or tendering of investment advice.
You understand that there are risks involved in renting digital assets on GGX, such as liquidity, devaluation of the value, cyber attack, among others. In this way, you are solely responsible to evaluate and judge whether renting a particular digital asset is suitable for your risk appetite.
You understand and acknowledge that any current or future additional features developed by GGX to promote the renting of digital assets, such as tips, estimated rental yields from renting a potential asset, among others, are only indicative in nature and should not be understood as any form of recommendation or investment advice for renting digital assets. The risks inherent and associated with renting of digital assets of this nature, must be on the basis of the User’s own full knowledge and responsibility.

Limitation of Liability:To the fullest extent permitted by law, in no event will GGX be liable to You or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these Terms, the Platform, products or third party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if GGX has been advised of the possibility of such damages. Access to, and use of the site, products or third party sites and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of GGX arising out of or in any way related to these terms, the access and use of GGX, its content, Digital Assets or any product or services purchased on the site exceed INR 10,000. The foregoing limitations of liability shall not apply to liability of GGX for personal injury caused by GGX’s negligence or any injury caused by GGX’s fraud or fraudulent misrepresentation.Indemnification:To the fullest extent permitted by Applicable Law, you agree to indemnify, defend and hold harmless GGX and our past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively the “GGX Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of GGX, Content or Digital Assets, (b) your breach of these Terms, (c) your breach or violation of the rights of a third party, including another user or third party service provider, and (d) your breach of Applicable Laws or your facilitation of breach of Applicable Law by any third party. You agree to promptly notify GGX of any third party Claims and cooperate with the GGX Parties in defending such Claims. You further agree that the GGX Parties shall have control of the defense or settlement of any third party Claims.This indemnity is in addition to, and not in lieu of, any other indemnities that may be set forth in a written agreement between You and GGX.Amendment and Variation:These Terms may from time to time be updated or amended at Our sole discretion. We will post any such updates on the Site. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should regularly check GGX to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of GGX without prior notice. By continuing to use GGX after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated Site. If you do not wish to be bound by any changes or amendments to these Terms then you should stop using GGX immediately.Transfer, Assignment or Delegation:Unless otherwise stated herein, these Terms, and any rights and obligations and licences granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of the entities within the GGX group, or to any successor in interest of any business associated with GGX. Any attempted transfer or assignment in violation hereof shall be null and void.Severability:If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.Entire Agreement / Translation:These Terms constitute the entire agreement between the parties regarding its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, (whether oral or in writing, express or implied). Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.Waiver:These Terms shall not be waived in whole or in part except where agreed by the parties in writing.The delay of enforcement or the non-enforcement of any of the terms of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.Notices and Communications:By using GGX, you agree that we may provide you with notices or other communications, including marketing, relating to your use of GGX electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to GGX. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.Notices to us should be sent electronically to legal@ggx.ioThird Party Rights:Other than GGX, a person who is not a party to these Terms has no right to enforce any of these Terms.Governing Law and Jurisdiction:These Terms are governed by and shall be construed in accordance with the Applicable Laws without regard to any choice or conflict of laws rules. All or any disputes arising out of or touching upon or in relation to this Agreement including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties shall be settled through arbitration. The arbitration shall be governed by the Applicable Laws in force. The arbitration proceedings shall be held by a sole arbitrator who shall be appointed by Us and whose decision shall be final and binding upon all the parties. The language of the arbitration proceedings shall be in English. You and We agree that any cause of action arising out of Your use of the Platform must be commenced within three (3) months after the cause of action accrues or You become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action shall be permanently barred.Grievance Officer:We have a Grievance Officer to address your concerns regarding data safety, privacy, and the Platform usage concerns including complaints you have against other users on the Platform. We will resolve these issues raised by you within 15 (thirty) days from receiving them. You may contact the Grievance Officer as per below:

(a) Name: Sivaraj K
(b) Address: 6th floor, Sakti Statesman Building, Green Glen Layout, Bengaluru
(c) Office Hours: 11 am – 7 pm
(d) Email: legal@ggx.io

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