1. Introduction
This User Agreement was last revised on 21 February 2024 and is effective immediately for new users (“Effective Date”) and for existing users upon the earlier of accepting this User Agreement or thirty (30) days from the Effective Date.
This User Agreement, our Privacy Policy, Creator Policy and all policies (together “our Policies”) posted on KnownOrigin.io (“the Platform”) set out the terms on which KnownOrigin Labs Limited offers you access to and use of our Platform and services used or in connection with our Platform, including any support, tools, software or other functionalities offered by us, such as the use of our tools to mint, list and/or sell digital collectibles (together “the Services” or “the Service”). “Digital Collectible” in this User Agreement means a non-fungible token, or ‘NFT’, implemented on the Ethereum Blockchain, which uses a smart contract to link to certain associated data or content.
You agree to comply with our Policies when accessing or using our Services. For information regarding the processing of personal data, please see our Privacy Policy.
You confirm, if you are using the Services on your own behalf, that you are at least 18 years of age and in any event, at least of the legal age required in your country to enter the Platform or access the Services, and if you are using the Services on behalf of an organisation or company, that you have the legal authority to bind any such organisation or company to this User Agreement.
Please read this User Agreement carefully. It sets out your rights and responsibilities when you use the Services, and other important information.
When accessing or using our services, you are entering into a contract with KnownOrigin Labs Limited, a company incorporated in England and Wales with company number 13047869 and registered address at 1 More London Place, London, England, SE1 2AF (“KnownOrigin”, “we”, “our” or “us”). If you do not agree to this User Agreement, you must not access or otherwise use our Services.
2. How you accept the User Agreement
You will be deemed to have accepted the User Agreement through one of the following ways:
By clicking or tapping any button or box marked “accept” or “agree” (or a similar term) in connection with the User Agreement.
By accessing or continuing to use our Platform, or
By accessing or continuing to use any of our Services.
Please note that we can change the User Agreement at our sole discretion. We do this in accordance with Section 15 (Changes to this User Agreement). In certain circumstances, we may require you to provide additional information. Please see Section 4 (Your Platform Account), and our Privacy Policy for the information we collect and how we process that information.
3. About KnownOrigin.io; the Platform:
In using our Services, you acknowledge, understand and agree as follows:
Our Services allow certain individual artists (“Creators”) to ‘mint’ Digital Collectibles, offer Digital Collectibles for sale on the Platform, and sell them to buyers. Our Services include the provision of smart contract software which is deployed to the Ethereum blockchain to support the minting of a Digital Collectible, primary sale of a Digital Collectible (Creator to a buyer) and secondary sale (from buyer who holds the NFT to another buyer) “Smart Contract”. We are not involved in the actual transaction between buyers and sellers on the Platform, and we do not have possession of anything listed on the Platform. We provide non-custodial software, via the Platform. This means that we do not have custody or exclusive control over the Digital Collectibles, Smart Contract, or the Ethereum blockchain that you are interacting with, and we do not execute or effectuate purchases, transfers, or sales of Digital Collectibles. Neither are we a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor. We provide a platform for peer-to-peer user engagement, and for users to discover Digital Collectibles available on public blockchains.
KnownOrigin is not the seller, and any contract for sale is directly between users as buyer and seller. All sales of Digital Collectibles are final, and that we do not offer refunds or exchanges for the purchase or sale of Digital Collectibles. We have no control over, and do not guarantee the existence, quality, safety, or legality of Digital Collectibles advertised on the Platform; the ability of sellers to sell Digital Collectibles; the ability of buyers to pay for Digital Collectibles; or that a buyer or seller will actually complete a transaction on the Platform or in connection with our Services. For more information on our limitation of liability, please see section 10 of this User Agreement (Limitation of Liability).
To use our Services, you must use a “wallet” which allows you to engage in transactions on the Ethereum blockchain. Wallets are not operated by, maintained by, or affiliated with KnownOrigin and we do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. KnownOrigin accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Services will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact the relevant wallet provider. Likewise, you are solely responsible for your Platform account and we are not liable for any acts or omissions by you in connection with your Platform account being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Services or your Platform account at [email protected]. Please see Section 14 (Third Party Sites) for more information on using third party sites and applicable services.
4. Your Platform Account
We require you to create an account on the Platform to access and use the Services (your “Account”). We will ask you for certain information for the Account to be created. By creating an Account, you agree to provide accurate, current, and complete information about yourself, and to maintain and promptly update, as necessary, your Account information. For further information on how we use that information, please see our Privacy Policy, as amended from time to time.
We may require you to provide additional information related to your Account if we are required to do so, to comply with any applicable laws, regulations or associated policies. We may also require you to provide further information if we have reason to believe that:
Your Account is being used for money laundering, fraud, or other illegal activities.
You have provided us with false identification information.
The person using your Account is not you, or
Transactions have taken place through your Account which are in breach of this User Agreement.
Notwithstanding our termination rights set out in section 13 of this User Agreement (Cancellation), we reserve the right to restrict your use of your Account, the Platform and/or the Services until such additional information is provided. We may cancel unconfirmed Accounts, or Accounts that have been inactive for a long time, or modify or discontinue our Services. Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
You understand that your Account is limited solely to you. You agree that you will not grant access to your Account, in any way, to anyone else. You are solely responsible for maintaining the security of your Account and control over any usernames, private keys, or any other authentications or codes that you use to access the Services, therefore, you understand and agree that:
You will not hold us responsible for managing and maintaining the security of your Account and your Ethereum wallets and accounts;
We are not responsible (and you will not hold us responsible) for any unauthorised access to, or use of, your Account or your linked Ethereum wallets and accounts; and
You alone are responsible for monitoring your Account. If you notice any unauthorised or suspicious activity in your Account, you agree to notify us immediately at [email protected].
5. Creators
Users must apply to our network of Creators (“Creator Network”), before they can list, mint, or sell their original artwork (“Creator Content”) as a Digital Collectible on the Platform. In this User Agreement, Creator Content includes original visual artwork, animations, audio, and photographs. For more details on permitted Creator Content please refer to our Creator Policy.
To apply to be a Creator within our Creator Network, a user is required to:
Fill out the appropriate form provided on the Platform.
Include details of their social media handles on that form.
Provide an example of Creator Content previously created by them, and
Submit the appropriate form during an open Creator Network application period.
Creator Applications are opened and reviewed periodically. Not all applications to join the Creator Network are successful and we make no guarantees that an application will be accepted. Our acceptance of your application to join the Creator Network is at our sole discretion. Application periods for the Creator Network will be made available on the Platform from time to time. Information on how we store and use your information can be found in our Privacy Policy.
If your Creator Application is successful, and you are subsequently approved by us as a Creator on our Platform, there are certain ongoing obligations that Creators must comply with with regards to the creation, distribution, sale and listing of Digital Collectibles, and associated Creator Content, on the Platform and in connection with our Services. Please refer to our Creator Policy for information on Creator obligations when using our Services. In using our Services as a Creator, you also agree to the terms of our Creator Policy, as amended from time to time. We reserve the right, in our sole discretion, to prohibit you from uploading Creator Content and or minting or selling such Creator Content as a Digital Collectible on the Platform. Although we are not required to proactively monitor Creator Content, we may carry out voluntary checks to detect fraudulent activity or violation of this User Agreement, our Creator Policy, and other Policies. We may terminate your Account in accordance with section 13 of this User Agreement (Cancellation) if you are in breach of the obligations set out in our Creator Policy. You understand that our Services, including features relevant to Creators, are offered solely at our discretion and may be terminated by us for any reason, at any time.
6. Ownership and Transfer of Digital Collectibles
As a buyer, you understand that when you purchase a Digital Collectible, no Intellectual Property Rights (defined in Section 7 below) are transferred to you on purchase, unless expressly provided by the Creator, Seller, and/or other Intellectual Property Rights holder(s). You understand that we shall not be liable to you if someone, in breach of this User Agreement, creates and sells a Digital Collectible associated with Creator Content which is in breach of a third party’s Intellectual Property Rights. Please see section 7 (Intellectual Property) of this User Agreement for more information on Intellectual Property Rights.
Digital Collectibles may be sold or transferred to other people by interacting with the smart contract associated with that Digital Collectible. When a Digital Collectible is purchased using our Services the Digital Collectible is automatically transferred from the Seller’s Ethereum address, to the Buyer’s Ethereum address.
7. Intellectual Property
A. Your obligations:
In connection with using or accessing the Platform or the Services, whether as a buyer or a seller / Creator, you agree and understand that you must not infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to KnownOrigin.
Some, but not all, actions that may result in infringement under this section include reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to KnownOrigin, or someone else.
B. Infringement of Intellectual Property Rights: If you believe that a listing on the Platform infringes your Intellectual Property Rights, please report this by emailing us at [email protected].
C. KnownOrigin trade marks:
The name "KnownOrigin" and other KnownOrigin marks, logos, designs and phrases that we use in connection with the Services are trade marks, service marks, or trade dress of KnownOrigin in the UK and other countries. They may not be used unless expressly authorised by KnownOrigin in writing.
D. Content:
When providing us with content (including, but not limited to, an image or media file linked to the Digital Collectible, profile pictures associated with your account, listing descriptions attached to a Digital Collectible, and other content to be posted using our Services (“Content”), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the Content (including, without limitation, creating and using derivative works). We may use your Content for marketing and promotional purposes. You authorise us to exercise any and all Intellectual Property Rights you have in or to the Content in any media known now or developed in the future.
Further, to the fullest extent permitted under applicable law, you waive your moral rights in the Content and promise not to assert such rights or any other Intellectual Property Rights you have in the Content against us, our sublicensees or our assignees.
You agree that we are not responsible for examining or warranting Content provided by third parties through the Services, and that you will not hold or attempt to hold us liable for inaccuracies.
8. Fees
A. Fees:
If you decide to create, purchase, or sell Digital Collectibles on the Platform or in connection with our Services, you understand that any transactions that you engage in will be conducted through the Ethereum network via Ethereum-compatible wallets, and shall be in ETH. If you are a seller of Digital Collectibles, various fees may be payable, in ETH, including third party transaction fees, and service fees including but not limited to applicable taxes such as statutory VAT, Platform service fees, and network / "gas" fees. You understand that you are liable for any transaction fees arising out of all sales made using some or all the Services, even if sales terms are finalised or payment is made outside of the Platform. KnownOrigin may receive certain fees tied to the cost of us providing the Services. KnownOrigin does not set, collect, or determine other applicable costs or fees, and expenses associated with buying and selling a Digital Collectible including but not limited to any creator earnings, gas, or transaction fees. These costs, fees, and expenses are paid directly to the seller, creator, blockchain validator, or other third party, as applicable on transaction. Additionally, you understand that the blockchain may charge fees for interacting with Smart Contracts, for example, when making an offer, even if a sale of an NFT is not completed, and these fees are nonrefundable. Actual fees charged are displayed at the time a transaction is being finalised.
B. Taxes:
For both primary and secondary sales, you are responsible for all taxes (including but not limited to the tax amount itself, as well as any penalties, fines, charges, or late payment interest). To the extent possible under applicable law, you agree to pay us as a debt and on demand all costs incurred by us, including but not limited to tax, penalties, and interest which may be charged by any competent tax authority as a result of your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties, or interest.
C. Our Limitations:
Due to the non-custodial nature of transactions undertaken on the Platform, we have no ability to reverse any transactions. On this basis 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 Platform or any other transactions that you conduct via the Ethereum network or your Ethereum wallet. For the avoidance of doubt, this section applies to both primary and secondary sales.
Please see Section 10 (Limitation of Liability) for more information on the limitations of our liability to you.
9. Risks
Unlike cryptocurrencies and other fungible digital assets, Digital Collectibles are non-fungible, and may not be used to make payments or used akin to any other financial instrument or service. Digital Collectibles are not mutually interchangeable and cannot be divided into smaller parts. These design features prevent the use of Digital Collectibles as a form of payment or substitute for currency. Instead, Digital Collectibles are intended and designed solely to be enjoyed as a digital collectible item, for personal enjoyment only. Nonetheless, similarly to physical collectibles, the price of Digital Collectibles may be subject to fluctuation based upon broader industry and consumer trends and sentiment. Legislative and regulatory changes or actions at the country or international level relating to the broader digital and distributed ecosystem may adversely and indirectly affect the use and/or value of Digital Collectibles.
Notwithstanding this, you accept and acknowledge the following risks when accessing the Platform and/or using the Services:
A. Unpredictability of Blockchain Technology:
The cost of transacting on blockchain technology is variable and may increase at any time causing impact to any activities taking place on the Ethereum blockchain. You acknowledge these risks and agree that we cannot be held responsible to you for such fluctuations or increased costs.
A lack of use or public interest in the creation and development of broader distributed ecosystems could negatively impact the development of the Platform ecosystem.
Digital Collectibles are intended for personal enjoyment, akin to physical collectible items. Although many users have no interest in parting with their Digital Collectibles, should you ultimately decide in the future to sell your Digital Collectibles, you understand that your Digital Collectible is unique, and its value is solely dependent on another person’s interest in your unique Digital Collectible or Digital Collectibles and what that person would be willing to spend to purchase it. You understand that the value of your unique Digital Collectible is driven by many factors outside of your control and outside of our control, such as a buyer’s own connection and affinity with your unique Digital Collectible, the general interest in the related content (which can increase or decrease over time), general interest in collectibles (both physical and digital) overall, and many other factors. Given the above factors, you understand that there is no guarantee, nor do we make any such guarantee that, should you ultimately want to sell your Digital Collectible, you will be able to find a buyer for it on the Platform or any third party site.
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 Digital Collectibles. Digital Collectibles are intended for personal enjoyment as a collectors item, but should you decide to sell your Digital Collectible in the future, we make no guarantee that purchasers of Digital Collectibles will not lose money on any future sale of their Digital Collectible, and we will not be liable to you for any such loss.
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 standards as ERC-20, ERC-721, EIP-2981, EIP-998, EIP-2309 or other bespoke smart contracts, including the Platform ecosystem.
You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies, digital assets and the Platform, which could result in the theft or loss of your Digital Collectibles. To the extent possible, it is intended to update the protocol underlying the Platform to account for any advances in cryptography and to incorporate additional security measures, but this does not guarantee or otherwise represent full security of the system.
Notwithstanding anything in this User Agreement, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with use of the Platform for performing transactions. Under no circumstances will the operation of all or any portion of the Platform be deemed to create a relationship that includes the provision or tendering of investment advice, nor the sale or promotion of any financial instruments or services.
B. Security
We try to keep the Platform and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. We implement appropriate technological and organisational safeguards to reduce the risk of any security breaches which could result in the accidental or unlawful destruction, loss, alteration, disclosure, or access to your information. We also release periodic updates to reduce the risk of security incidents.
You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, however caused.
Additionally, third parties may make unauthorised alterations to the Platform or the software underlying the Platform. Accordingly, you should verify all information on the Platform before relying on it, and all decisions based on information contained on the Platform are your sole responsibility and we will have no liability for such decisions.
C. Knowledge
Although we take reasonable care in the provision of our Platform and Services, you acknowledge that the Platform and related Services are subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Services. This warning and others provided in this User Agreement by us in no way evidence or represents an ongoing duty to alert you to all of the potential risks of utilising or accessing the Platform and/or the Services.
Any use or interaction with the Platform and/or Services requires a comprehensive understanding of blockchain and web3 technology including how wallet security is implemented. You therefore confirm in accessing the Platform and or using the Services that you possess the relevant knowledge and skills to access and or use such technology or services.
10. Limitation of Liability
We are a non-custodial software service provider. This means that we do not own or control your Digital Collectibles or Creator Content, or accept or transmit funds between buyers and sellers. Digital Collectibles can become corrupted, and links associated with those Digital Collectibles may disappear or become unusable. You understand that this is a risk when using the Services, and we will in no way be held liable due to any loss or corruption of a Digital Collectible or Creator Content. Furthermore, you understand that we have no control whatsoever over the Interplanetary Filing System or the risks associated with using that system.
We do not store, send, or receive your Digital Collectibles. This is because Digital Collectibles exist only through the ownership record maintained on the associated Smart Contract. Any transfer of a Digital Collectible occurs on the Ethereum network, and not on the Platform directly.
Digital Collectibles are intangible digital assets that exist through the ownership record maintained in the Ethereum network. Smart Contracts occur on the decentralised ledger within the Ethereum platform. We are not responsible for the operation of smart contracts deployed on distributed ledgers including without limitation the Ethereum network.
We try to keep the Services and the Platform safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Please see Section 9 (Risks) for more information about the financial risks associated with using digital assets.
Notwithstanding any other provision within this User Agreement, we (including our parent, subsidiaries, affiliates, directors, agents, and employees) shall not be liable to you or any other third party in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation, or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
Any direct or indirect losses, actual or anticipated, as the result of your use of the Ethereum network. This includes, but is not limited to, losses, damages or claims arising from: (i) user error (e.g. forgotten access information (such as passwords, private keys, seeds or mnemonics or incorrectly construed smart contracts or other transactions)); (ii) server failure or data loss; (iii) corrupted wallet files; (iv) unauthorised access, activities, or infringement by third parties, including but not limited to the use of viruses, phishing, or other means of attack against the Platform, Services or underlying software, the Ethereum network, MetaMask or any other web 3 compatible browser or wallet.
Losses suffered by you due to blockchains or any other features of the Ethereum network of MetaMask or any other web 3 compatible browser or wallet, including but not limited to late report (or no report) by developers or representatives 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.
Any of the circumstances arising in Section 9 (Risks), including any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or any Services or items obtained through the Platform or to your downloading of any material posted on it, or any platform linked to it.
Glitches, bugs, errors, or inaccuracies of any kind in the Services.
Damage to your hardware device from the use of the Services.
The content, actions, or inactions of third parties, including items listed using our Services.
A suspension or other action taken with respect to your account.
Loss of Digital Collectibles (including loss of access to Creator Content associated with such Digital Collectibles), ETH or other digital assets.
For any other claim, demand, or damages whatsoever resulting from or arising out of or in connection with this User Agreement, use, or performance of the Services. Access to, and use of, the Services, Platform, products including Digital Collectibles, 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 mobile device or losses resulting therefrom.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any Creator Content you list or post on the Platform.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. We cannot and do not confirm, and are not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our Platform.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF KNOWNORIGIN ARISING OUT OF OR IN ANY WAY RELATED TO THIS USER AGREEMENT, THE ACCESS TO AND USE OF THE SERVICES, PLATFORM, CONTENT, DIGITAL COLLECTIBLES, OR ANY OTHER KNOWNORIGIN PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) £100 OR (B) THE AMOUNT RECEIVED BY KNOWNORIGIN FOR ITS SERVICE TO YOU DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. No Warranties
Your access to and use of the Services and the Platform is at your sole risk and the Platform is provided on an “as is” basis without any warranties of any kind. To the fullest extent possible pursuant to applicable law, KnownOrigin, its subsidiaries, affiliates and licensors make no warranties regarding the Services or the Platform.
12. Acceptable Use
In connection with using or accessing the Services or the Platform, you will not:
Post, list, or upload inappropriate content on our Platform.
Breach or circumvent any laws, third-party rights or our systems or policies.
Post, list or upload any content that does not belong to you, or infringe the Intellectual Property Rights, or other rights, of any third party.
Use our Services if you are not able to form legally binding contracts (for example if you are under 18 or the equivalent legal age in your jurisdiction) or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions.
Manipulate the price of any item or interfere with any other user’s listings.
Post false, inaccurate, misleading, defamatory, or libellous content.
Transfer your Account to another party without our consent.
Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
Use the contact information of other users for any purpose other than in relation to a specific transaction on the Platform (which includes using this information to send marketing materials directly to KnownOrigin.io users unless the user has given explicit consent to receiving these materials).
Distribute viruses or any other technologies that may harm us, our Platform or Services, or the interests or property of users.
Use any robot, spider, scraper, or other automated means to access our Services for any purpose.
Bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure.
Export or re-export any application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions.
Infringe Intellectual Property Rights that belong to or are licensed to KnownOrigin. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to KnownOrigin or someone else.
Infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you.
Commercialise any of our Services or any information or software associated with such the application or use of our Platform or Services.
Harvest or otherwise collect information about users without their consent, or
Circumvent any technical measures we use to provide the Services.
13. Cancellation
Without limiting other remedies, we may, limit, suspend, or terminate your Account and access to our Services, restrict or prohibit access to, and your activities on, our Services, remove Creator Content, Content or Digital Collectibles, cancel offers, remove or demote or otherwise restrict the visibility of your Content, Creator Content and or Digital Collectibles, remove any special status associated with your Account, and take technical and legal steps to keep you from using our Services and accessing the Platform if:
We think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties.
We think that such restrictions will improve the security of the Platform community or reduce our or another user's exposure to financial liabilities.
We think that you are infringing the rights of third parties.
We think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies, or abuse our employees or users.
Despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.
Your Account is involved in, or we suspect it is involved in, illegal activities such as money laundering or terrorist financing, or
We suspect your Account is prohibited by economic or trade sanctions.
Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
When a buyer or seller issue arises, we may consider your performance history and the specific circumstances in applying our policies. We may therefore decide to be more lenient when applying our policies, however this is not guaranteed and will depend on the particular facts.
You agree that we will commence supplying the Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any Services provided up to the point of cancellation.
14. Third Party Sites
We neither own nor control any third party browsers, wallets, wallet connectors, payment providers, smart contracts, digital collectibles or blockchain networks, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform or receive the Services (the “Third Party Sites”). You understand and agree that your use of any Third Party Site is subject to any terms of use and/or additional policies, such as a privacy policy, provided by such Third Party Site (together the “Third Party Policies”). We are not a party to any such Third Party Policies. You should review any Third Party Policies provided by such Third Party Site and should make whatever investigation you feel necessary or appropriate with any transaction with any third party, and ensure that you comply with Third Party Policies as necessary.
Where our Platform contains links to other sites and resources provided by any third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked platforms or information you may obtain from them. You understand and accept that we have no control over the contents of those sites or resources.
We provide these Third Party Sites only as a convenience and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites, or their products or services. All Third Party Sites are used by you at your own risk. We will not be liable for the acts or omissions of any Third Party Sites, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any Third Party Sites.
15. Changes to this User Agreement
We may amend this User Agreement at any time by email or by posting the amended terms of this User Agreement on the Platform. All amended terms shall automatically be effective 30 (thirty) days after they are initially posted. Your continued use of our Services after the effective date of the amended User Agreement constitutes your acceptance of the amended terms. The most current version of this User Agreement will be posted on the Platform with the “Last Revised” date at the top.
This User Agreement may not be otherwise amended except through mutual agreement by you and an authorised KnownOrigin representative authorised to do so. The policies posted on our Platform may be changed from time to time. Changes take effect when we post them on the Platform.
Use of the Platform by you after any modification to this User Agreement constitutes your acceptance of the User Agreement as modified. If you do not agree to the terms of the User Agreement in effect when you access or use the Services, you must not use the Services. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Platform or Services (including access to the Platform or Services via any third-party links).
16. Compensation
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of the Services, or your breach of any law or the rights of a third party.
17. Legal Disputes
If a dispute arises between you and KnownOrigin in connection with the Platform or our Services, we strongly encourage you to first contact us directly to seek a resolution, at [email protected]. Our customer service is available free of charge for every user to submit complaints and other enquiries. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and KnownOrigin both agree to submit to the non-exclusive jurisdiction of the English courts.
In simple terms, “non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
18. General
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, it will be struck out and will not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under this User Agreement (but without your prior express consent), provided that we assign this User Agreement on the same terms or terms that are no less advantageous to you.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement, but this does not affect any right or remedy of a third party specified in this User Agreement, or which exists or is available apart from that Act.
Headings are for reference purposes only and do not limit the scope or extent of such sections. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
This User Agreement and all policies posted on our Platform comprise the entire agreement between you and KnownOrigin and replace all prior understandings and agreements between us.
The following Sections survive any termination of this User Agreement: 8 (Fees), 7 (Intellectual Property), 16 (Compensation), 10 (Limitation of Liability), 17 (Legal Disputes), and the release contained in this General section. Legal notices shall be served by registered mail to eBay (UK) Limited, 1 More London Place, London, SE1 2AF, United Kingdom, for the attention of the Legal Director. We shall send notices to you by email to the email address you provide to KnownOrigin.io during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
19. Feedback and contact details
You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including without limitation about how to improve the Platform by emailing us at [email protected]. We are free to use such feedback at our discretion and without additional compensation to you. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use and exploit the feedback in any manner and for any purpose, including to improve the Platform and our Services. We may also share such feedback with third parties, in accordance with our Privacy Policy.
Users with questions, complaints or claims with respect to the Platform or the Services can be made by contacting us at [email protected].