Kaikai Kiki Marketplace

Collector Terms

Kaikai Kiki Marketplace Collector Terms

Unless expressly stated to the contrary on the Site, these Collector Terms govern the rights of owners of Site NFTs. Such owners are referred to in these Collector Terms as “Collectors.” Capitalized terms not defined in these Collector Terms have the meaning provided in the Terms of Service.

If you mint a Site NFT, you agree to be bound by these Collector Terms and the Terms of Service. If you buy or otherwise receive a Site NFT from a previous owner, your rights to the NFT and the corresponding Artwork are governed by these Collector Terms and the Terms of Service.

1. NFTs vs. Artworks.

If you mint or buy a Site NFT through the Site, the blockchain will identify your public blockchain address as the owner of the NFT and you will receive a limited license to the corresponding Artwork as described in these Collector Terms. Other than that license, you do not have any rights in the Artwork, all of which remain with and are reserved by us.

2. License to Artworks.

Subject to and conditioned upon your compliance with these Collector Terms, for as long as you own a Site NFT, we grant you a limited, personal, non-exclusive, non-sublicensable, non-assignable (except pursuant to your transfer of the Site NFT), worldwide license to display and perform the corresponding Artwork uniquely identified by the Site NFT, solely and exclusively for personal, non-commercial use. We grant you no other rights, whether express or implied, with respect to any Digital Item, all of which we reserve.

3. Restrictions.

You may not modify or prepare any derivative work based upon any Digital Item, or commercialize any Digital Item, in whole or in part, or anything including or embodying it. Your license doesn't permit you to, and you won't, and you won't authorize, permit or assist any third party to:

  • exercise rights hereunder in any way that results in compensation or commercial gain of any kind;
  • delete or obscure any trademark, copyright or proprietary notice on or in any Digital Item;
  • register or attempt to register any trademark or copyright or otherwise acquire IP rights in or to any Artwork;
  • use any Digital Item to create, endorse, support, promote or condone content that is defamatory, obscene, abusive, hateful, discriminatory, violent or otherwise objectionable as determined by us in our discretion;
  • use any Digital Item in violation of applicable laws or regulations; or
  • use any Digital Item in connection with any product, service, business, lobbying effort, political campaign, or message, or in any manner that could suggest our sponsorship or endorsement, or that dilutes or tarnishes our rights.

4. Other Prohibitions.

You won't (a) create, offer for sale, or sell fractionalized interests in any Digital Item, (b) separate, unlink, or decouple any Artwork from the corresponding Site NFT, or (c) use any Digital Item to create, offer for sale, advertise, promote, or sell anything, including any other NFT.

5. Transferring Digital Items.

Unless you are otherwise prohibited from doing so, you may transfer a Site NFT together with the license to its corresponding Artwork to a third party, provided that:

  • before making the transfer, you provide written notice to the intended transferee of these Collector Terms and that their exercise of rights in the Digital Item remains subject to these Collector Terms;
  • you make the transfer on a platform that verifies your ownership of the corresponding Site NFT and conforms to industry standards and customs regarding royalty collection and payment;
  • the transfer complies with applicable laws and the terms of the platform on which you effect the transfer; and
  • you pay (or cause to be paid) the applicable royalty in accordance with Section 6 below.

6. Royalty.

When you transfer any Digital Item, you shall pay us (or cause to be paid to us) a royalty equal to the amount paid by the transferee (without deductions of any kind) multiplied by 7.5% (seven point five percent). The platform on which you make the transfer may automatically collect and pay us the royalty, which fulfills your obligation to pay the applicable royalty. You shall pay all fees and taxes associated with the transfer (other than taxes on our net income) and shall not deduct any such amounts from the royalty due.

7. Digital Items Are Not Securities.

SITE NFTS, ARTWORKS AND DIGITAL ASSETS ARE INTENDED FOR YOUR PERSONAL USE AND ENJOYMENT. YOU SHOULD NOT PURCHASE THEM WITH AN EXPECTATION OF PROFIT, AND WE WILL HAVE NO OBLIGATION TO TAKE ANY ACTION OR MAKE ANY EFFORTS TO CREATE OR ENHANCE THEIR VALUE.

8. Collector Perks.

Although we have no obligation to do so, we may, or may authorize third parties to, occasionally make additional content, physical items or other benefits available to owners of Site NFTs (“Collector Perks”). It is your responsibility to stay informed about Collector Perks and take any steps to request or collect them, which may include verification of your ownership of the applicable Site NFTs. Any works we provide as Collector Perks are subject to these Collector Terms as if they were Digital Items.

9. Termination.

If you breach these Collector Terms, the Terms of Service, or any other policies posted on the Site, your rights to any Digital Items, including rights to display and perform corresponding Artworks, will immediately terminate without notice. We may reinstate your rights if we determine that you have cured the breach (if capable of cure) or we waive the breach.

10. Entire Agreement.

These Collector Terms, together with the Site's Terms of Service, Privacy Policy and all other policies posted on or referred to on the Site, constitute the entire agreement between you and us relating to the subject matter herein and supersede any prior or contemporaneous agreements or understandings.