Last updated: 21 February 2024
KnownOrigin (“KnownOrigin”, “we”, “our” or “us”) is committed to continuing to provide a safe and trusted place for creatives, communities, and collectors. We have prepared this Creator Policy (“Creator Policy”) to describe our policies on the creation, distribution and marketing of Digital Collectibles minted and/or sold using our Services. This Creator Policy is governed by Known Origin’s User Agreement as amended from time to time. Unless the context requires otherwise, each capitalised term used but not defined herein shall have the same meaning as in the User Agreement. If there is an inconsistency between any of the provisions of this Creator Policy and the provisions of the User Agreement, the provisions of the User Agreement shall prevail.
This Creator Policy applies to Creators and/or any persons creating, distributing and or marketing Digital Collectibles that are minted and/or sold using our Services including any vendors, marketers, or agents and affiliates of (i) KnownOrigin and (ii) Creators (“you”, “your”), as well as any persons making public-facing communications in any marketing materials (including listings on our Platform), advertising and social media (together, “Marketing Communications”).
We reserve the right to change or modify this Creator Policy at any time and in our sole discretion. If we make material changes to this Creator Policy we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of this Creator Policy. By continuing to access or use our Services, you confirm your acceptance of the revised Creator Policy and all of the terms and policies incorporated therein by reference effective as of the date this Creator Policy is updated. It is your sole responsibility to review this Creator Policy from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use our Services.
In using our Services, you agree that:
1. Intellectual Property
You represent and warrant that you own all rights to any Creator Content or associated images in your Content and Digital Collectibles and that the Content does not violate any laws, or infringe the Intellectual Property rights that belong to or are licensed to KnownOrigin.
You alone are responsible for the accuracy, content, and legality of your Content.
You will not upload, list or mint content that does not belong to you, or otherwise infringe Intellectual Property Rights that belong to third parties.
2. Pricing
You alone are responsible for determining and establishing the price of your Digital Collectible, inclusive of any applicable tax.
You alone are responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. We are not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply to your Digital Collectibles or the sale/purchase of your Digital Collectibles.
You will not coordinate pricing with any other Creators.
You understand that we have no influence or control in respect to the price that the Digital Collectibles are sold at.
3. Design and Features of Content and Digital Collectibles
You must not use our Services to create, display or sell illegal content, such as content that may involve child sexual exploitation;
Create or display Content or Digital Collectibles or other items that promote suicide or self-harm, incite hate or violence against others, or dox another individual;
Use the Service for any illegal or unauthorised purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the User Agreement.
You understand that the design, structure and distribution of Digital Collectibles should not allow them to be viewed as an investment, security, commodity, option, virtual currency, debt instrument or derivative instrument.
You understand that Digital Collectibles should not:
Be distributed as compensation to anyone involved in the development, maintenance, or issuance;
Be capable of use as a medium of exchange;
Allow for fractionalization or split ownership;
Be leased, rented, or loaned;
Include features tying value to the fortunes or performance of the issuer;
Be priced or valued in speculative rather than consumptive terms;
Entitle the holder to passively receive an investment return;
Be sold on a leveraged, margined or financed basis;
Entitle the holder to receive payouts keyed to the occurrence of future events;
Represent a right to any pooled fund, financial instrument, or association or partnership generating passive investment gains;
Generate royalties unless (1) paid to a creator; (2) reasonably and demonstrably tailored to the commercial value of the creator’s contribution; and (3) not capable of being granted to third parties; and
You must ensure that the time gap between Digital Collectible purchase and delivery of a physical collectible or other additional benefit should be disclosed at the time of sale and be no more than 30 days.
4. Marketing
You must not include statements in your Marketing Communications that will create a reasonable expectation of profits from selling the Digital Collectible, including references to:
Opportunities for price appreciation, resale value, secondary market opportunities, or future returns or airdrops;
Promote or enable royalties that may accrue to anyone associated with the Digital Collectible;
Promote increased demand or future demand potential for the Digital Collectible;
Use terminology often associated with investment returns (e.g., “RoI,” “market cap”);
Make statements connecting the success of the Digital Collectible with the success of the Platform;
Make statements promising future functionality;
Make any statement intended to generate FOMO or sense of urgency to buy or “invest”;
Make any untrue or misleading statements.
Emphasise the availability of exchanges or marketplaces for trading.
Emphasise any dependency of the Digital Collectible on a platform or market controlled by the issuer.
Connect the success of the Digital Collectible with the success of the Platform.
Employ influencers, celebrities, or third parties without proper disclosures relating to their compensation.
Your Marketing Communications must not materially mislead users or be likely to do so (for example, by omitting key information about the Digital Collectible or Content, its value, or using exaggerated claims).
Your Marketing communications must not describe a Digital Collectible as "free", "gratis", "without charge" or similar if the buyer has to pay anything other than the unavoidable cost of responding and collecting or paying for the virtual delivery of the item
Your Marketing Communications must not take advantage of users’ inexperience of Web3 technology, cryptocurrencies, NFTs, Digital Collectibles, Distributed Ledgers, Blockchain or associated technology.
You understand that it is your responsibility to be aware of, and comply with all applicable laws and regulations with respect to the marketing of your Content or Digital Collectibles.
Your Marketing Communications must make clear where there are any restrictions on the buyer with respect to ownership rights
Your marketing Communications must make clear any associated fees and taxes that apply to the buyer, (for example Gas or Minting) particularly if the Digital Collectible is being marketed as “free”.
You must not distribute spam, including through sending unwanted NFTs to buyers.
Listing descriptions, titles, or Content that violates any of KnowOrigin’s policies may be modified, obfuscated or deleted at our discretion.
5. General
You grant us certain permissions to use your Content. We may display Content or Digital Collectible listings (together, “Product Listings”) shared by you or on your behalf on our Services. You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), royalty-free, worldwide licence to host, use, distribute, modify, run, copy, publicly perform, make available, display, translate and create derivative works of the Product Listings and any other content, data or information shared by you or on your behalf, or accessed by us in connection with the Services. You represent and warrant that you have all necessary rights in your Content to grant us the licences and rights set forth in this Creator Policy and the User Agreement.
You understand that any Content that violates this Creator Policy or any of KnownOrigin’s policies may be removed or delisted from the Platform without notice by KnownOrigin.
We reserve the right, in our sole discretion, to prohibit you from uploading Content. Although we are not required to proactively monitor the Content created by Creators, we may carry out voluntary checks to detect and prevent fraudulent activity or violation of this User Agreement.
You understand that it is your responsibility to make yourself aware of, and comply with all applicable laws, rules and regulations relevant to the creation, issuance, sale, marketing and distribution of Content and Digital Collectibles.
You understand that we may terminate your account in accordance with Section 13 (Cancellation by Us) of our User Agreement if you are in breach of any of the obligations set out in this Creator Policy.