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Intellectual Property and Licensing Policy

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The distinction between ownership and copyright in a purchased digital work, and the scope and limits of the licence.

Section 1 — Purpose and Scope

1.1 Purpose

This Intellectual Property & Licensing Policy has been prepared to regulate the intellectual property rights, licensing principles, limits of use, and the rights and obligations of the parties in relation to Digital Collectible Assets offered on the DaDa Design Platform.

1.2 Scope

This Policy covers:

  • Digital Collectible Assets

  • all designs, visuals, graphics, illustrations, texts and other digital content available on the Platform

  • the Digital Certificate system

  • Ownership ID and Asset ID records

  • rights of use and licences granted through the Platform

This Policy shall be applied and interpreted within the framework of applicable intellectual property, copyright, digital content, electronic commerce and consumer legislation.

Mandatory provisions of applicable law remain reserved.

This Policy shall be considered together with:

  • Terms of Use

  • Distance Sales and Digital Collectible Delivery Agreement

  • Payment Policy

  • Privacy Policy

  • Digital Certificate and Ownership Policy

In the event of any discrepancy between the documents, the provision most appropriate to the specific case shall apply, without prejudice to mandatory provisions of applicable law.

1.5 Fundamental Principle

Unless expressly agreed otherwise in writing, a sale made through the Platform means only the transfer or licensing of the rights specified in this Policy in relation to the relevant Digital Collectible Asset.

The sale transaction may not be interpreted as a transfer of all intellectual property rights of the Operator.

1.6 Purpose of the Policy

The purpose of this Policy is to protect intellectual property rights, clearly determine the scope of the rights purchased, explain the rights that are not transferred, prevent infringements, reduce disputes that may arise between the parties, and ensure the legally secure operation of DaDa Design’s Digital Collectible system.

Section 2 — Definitions

2.1 Digital Collectible Asset

Digital Collectible Asset means a unique or limited-edition visual, design, artwork or similar digital content created by DaDa Design or used under rights lawfully held and offered in digital form.

2.2 Intellectual Property Rights

Intellectual Property Rights means copyrights, related rights, design rights, trademark rights, database rights and other intellectual and industrial property rights protected under applicable law.

2.3 Licence

Licence means the rights of use granted by the Operator to the User within the scope and under the conditions specified in this Policy and the other legal documents.

Unless expressly agreed otherwise in writing, the licence is non-exclusive, limited, non-sublicensable and may be exercised only within the scope of this Policy.

This provision does not prevent the registered ownership (Ownership) of a Digital Collectible Asset from being transferred through the DaDa Design system in accordance with the applicable rules.

2.4 Digital Certificate

Digital Certificate means the electronic verification record created to verify the authenticity, registration information and ownership status of a particular Digital Collectible Asset.

A Digital Certificate does not, by itself, mean that copyright has been transferred.

2.5 Ownership ID

Ownership ID means the unique identification number created to identify the registered owner of a particular Digital Collectible Asset in the system.

An Ownership ID does not, by itself, demonstrate the transfer of intellectual property rights.

Ownership means only the registered ownership of the Digital Collectible Asset in the DaDa Design record system. The transfer, sale or update of Ownership may not be interpreted as a transfer of authorship, copyrights, economic rights or other intellectual property rights.

2.6 Asset ID

Asset ID means the unique technical identity created for each Digital Collectible Asset within the system.

2.7 Operator

Operator means the natural or legal person operating the DaDa Design Platform and holding rights and obligations under this Policy.

2.8 User

User means a natural or legal person who visits the Platform, creates an account, places an order or uses Platform services.

2.9 Platform

Platform means the website operated by DaDa Design, mobile applications and all related digital services.

2.10 Original Digital File

Original Digital File means the delivered high-resolution or original digital version of the Digital Collectible Asset.

This term does not include small preview images (thumbnails) or technical records used for verification purposes.

Section 3 — Ownership of Intellectual Property Rights

3.1 General Principle

Unless expressly agreed otherwise in writing, all Digital Collectible Assets on the Platform and the copyrights and other intellectual property rights relating to them belong to the Operator or the relevant right holder.

The purchase of a Digital Collectible Asset does not, by itself, mean that copyright, economic rights or other intellectual property rights in the relevant work are transferred.

The User acquires only the rights expressly specified in this Policy and the other legal documents.

3.3 Rights Not Transferred

Unless expressly agreed otherwise in writing, the following rights remain with the Operator or the relevant right holder:

  • copyrights

  • right of reproduction

  • right of distribution

  • right of adaptation

  • right of communication to the public

  • right to grant commercial licences

  • right to grant sublicences

  • right to modify the work and create derivative works

  • rights relating to trademarks and distinctive signs

  • other intellectual property rights not transferred under applicable law

3.4 Registered Ownership (Ownership)

Registered ownership (Ownership) of a Digital Collectible Asset is a record system independent of copyright.

The transfer or update of registered ownership does not, by itself, result in the transfer of copyrights or other intellectual property rights.

3.5 Digital Certificate

The Digital Certificate serves to verify the registered ownership and authenticity of the Digital Collectible Asset.

Unless expressly stated otherwise, the Digital Certificate may not be interpreted as a transfer of copyright or the grant of an unlimited right of use.

3.6 Third-Party Rights

Some Digital Collectible Assets offered on the Platform may include or be subject to intellectual property rights belonging to third parties.

In such cases, the User is also obliged to act in accordance with the rights of the relevant right holders.

3.7 Protection of Rights

The Operator reserves the right to pursue civil and criminal remedies available under applicable law in order to protect intellectual property rights relating to Digital Collectible Assets on the Platform.

Section 4 — Scope of Rights Purchased

4.1 General Principle

In respect of a purchased Digital Collectible Asset, the User acquires only the rights expressly specified in this Policy, the Distance Sales and Digital Collectible Delivery Agreement and the other legal documents.

Unless expressly agreed otherwise in writing, the purchase may not be interpreted as transferring broader rights.

4.2 Registered Ownership (Ownership)

Upon completion of the purchase, the User may be identified as the registered owner (Ownership) of the relevant Digital Collectible Asset in the DaDa Design system.

Registered ownership is a record status independent of copyright.

4.3 Digital Certificate

As part of the purchase, a Digital Certificate relating to the relevant Digital Collectible Asset may be issued to the User.

The Digital Certificate indicates registered ownership and authenticity verification; by itself, it does not provide copyright or an unlimited right of use.

4.4 Right of Personal Use

The User may use the purchased Digital Collectible Asset for personal use within the limits specified in this Policy and the other legal documents.

This right of use does not mean that a right of commercial use has been granted.

4.5 Transfer of Registered Ownership

Through the system offered by the Operator or official transfer mechanisms that may be offered in the future, registered ownership (Ownership) of the Digital Collectible Asset may be transferred to another person in accordance with the applicable rules.

Unless expressly agreed otherwise in writing, transfer of registered ownership does not result in transfer of copyrights or other intellectual property rights.

Transfer of registered ownership takes effect only upon completion of the official transfer process defined by DaDa Design and update of the system records. Unregistered transfers carried out outside the Operator do not change registered ownership in the system.

4.6 Limits of the Right of Use

The rights granted to the User are limited solely to the scope expressly specified in this Policy and the other legal documents.

No right outside this scope may be claimed to have been transferred or licensed.

The rights regulated in this Section shall be interpreted within the framework of applicable intellectual property legislation.

In case of doubt, rights not expressly stated to have been transferred shall be deemed to remain with the Operator or the relevant right holder.

Section 5 — Rights Not Transferred

5.1 General Principle

All intellectual property rights not expressly stated in this Policy or in writing between the parties to have been transferred remain with the Operator or the relevant right holder.

5.2 Copyrights

The purchase of a Digital Collectible Asset does not, unless expressly agreed otherwise in writing, result in the transfer of copyrights, economic rights or other intellectual property rights.

5.3 Unauthorized Reproduction, Distribution and Licensing

Without the Operator’s prior written permission, the User may not:

  • reproduce the Digital Collectible Asset

  • copy it

  • share it publicly

  • distribute it in a manner not expressly permitted by this Policy

  • license it to third parties

  • grant sublicences

This provision does not prevent the transfer of registered ownership (Ownership) of the Digital Collectible Asset through the DaDa Design system in accordance with the rules specified in this Policy.

Mandatory exceptions arising from applicable law remain reserved.

5.4 Modification and Derivative Works

Without the Operator’s prior written permission, the User may not modify or adapt the Digital Collectible Asset, create derivative works from it, or use it in a manner that infringes intellectual property rights.

5.5 Artificial Intelligence and Data Sets

Without the Operator’s prior written permission, Digital Collectible Assets may not be used for:

  • training artificial intelligence systems

  • creating data sets

  • use in automated content-generation systems

  • processing for similar technological purposes

Mandatory exceptions arising from applicable law remain reserved.

Mandatory exceptions arising from applicable law remain reserved.

5.6 Unauthorized Digital Conversion and Re-Presentation

Without the Operator’s prior written permission, the User may not transfer the Digital Collectible Asset to different digital asset systems, register it again, present it within another digital collection system, or recirculate it in a manner that infringes intellectual property rights.

5.7 Trademarks and Distinctive Elements

Upon the duly completed transfer of registered ownership (Ownership) through the DaDa Design system, the transferring User’s rights of use in relation to the relevant Digital Collectible Asset under this Policy terminate.

The transferring User may no longer reproduce, distribute, recirculate or license the relevant Digital Collectible Asset to third parties, or exercise rights that the User does not hold under this Policy.

This provision does not prevent the original digital file from being transferred to the new registered owner as part of a duly completed transfer of registered ownership.

5.8 Reservation of Rights

All rights not expressly granted to the User under this Policy are reserved to the Operator or the relevant right holder within the framework of applicable law.

Section 6 — Scope of the Licence and Conditions of Use

6.1 General Principle

The Operator grants the User rights of use relating to the Digital Collectible Asset only within the scope specified in this Policy, the Distance Sales and Digital Collectible Delivery Agreement and the other legal documents.

No right of use not expressly granted under this Policy shall be deemed to have been granted.

6.2 Nature of the Licence

Unless expressly agreed otherwise in writing, the licence granted to the User is:

  • limited

  • non-exclusive

  • non-sublicensable

  • usable only within the scope of this Policy

Ownership means only registered ownership of the Digital Collectible Asset in the DaDa Design record system. The transfer, sale or update of Ownership may not be interpreted as a transfer of authorship, copyrights, economic rights or other intellectual property rights.

6.3 Personal Use

The User may keep the Digital Collectible Asset in a personal collection, display it and use it within the limits specified in this Policy and the other legal documents.

Without the Operator’s express written permission, the Digital Collectible Asset or its content may not be used for data-set creation, model training, model validation, synthetic-data generation or similar artificial-intelligence processes.

6.4 Transfer of Registered Ownership

The User may transfer registered ownership (Ownership) of a Digital Collectible Asset owned by the User to a third party only within the official transfer process determined by DaDa Design.

Transfer of registered ownership does not result in the transfer of copyrights or other intellectual property rights not expressly stated to have been transferred.

6.5 Termination of the Licence

Upon duly completed transfer of registered ownership (Ownership) to another person, the transferring User’s rights of use in relation to the relevant Digital Collectible Asset under this Policy automatically terminate.

After the transfer, the transferring User may not use the relevant Digital Collectible Asset or the rights relating to it under this Policy.

Termination of the licence does not affect the Operator’s intellectual property rights, mandatory retention obligations arising from applicable law, or rights and obligations that arose previously.

6.6 Breach of the Licence

If the User exceeds the rights of use granted under this Policy or infringes intellectual property rights, the Operator may exercise its rights arising from applicable law.

Depending on the nature of the infringement, the Operator reserves the right to take necessary technical, administrative and legal measures.

6.7 Reference to Other Documents

For matters not regulated in this Section, the following and other legal documents shall apply:

  • Terms of Use

  • Distance Sales and Digital Collectible Delivery Agreement

  • Digital Certificate and Ownership Policy

  • Payment Policy

Notifications and applications concerning alleged infringements of intellectual property rights shall be evaluated in accordance with the procedures and principles set out in the Infringement Notification Policy.

Section 7 — Commercial Use and Licensing Limits

7.1 General Principle

The rights granted to the User are limited to the scope expressly specified in this Policy and the other legal documents.

No interpretation may be made that commercial-use rights not expressly permitted under this Policy have been transferred or licensed to the User.

7.2 Prohibited Commercial Activities

Without the Operator’s prior express written permission, the User may not use the Digital Collectible Asset or its content to:

  • make it the subject of a commercial licence

  • grant rights of use to third parties

  • grant sublicences

  • use it in advertising, promotion or marketing activities

  • use it to promote a product, service or brand

  • make it part of a commercial product

  • use it for printing, reproduction or mass production

Unless expressly permitted under this Policy, the User may not publish or offer the Digital Collectible Asset or its content for sale on stock-image, template, digital-content or similar commercial distribution platforms.

For purposes of this Section, the prohibition on commercial use means reproduction, licensing, redistribution, mass production, sublicensing or commercial exploitation of the work. The sale of the individual copy of a Digital Collectible Asset or transfer of registered ownership (Ownership) under this Policy and the other legal documents shall not, by itself, be considered a breach of the prohibition on commercial use.

7.3 Transfer of Registered Ownership

The provisions of this Section do not prevent transfer of registered ownership (Ownership) of the Digital Collectible Asset in accordance with the rules determined by DaDa Design.

Transfer of registered ownership does not mean the grant of a commercial-use licence or transfer of copyright.

Sales, transfers or other legal transactions carried out outside the Platform are the responsibility of the parties themselves. The Operator is not a party to such transactions. At the request of the parties, and provided that the procedure and verification requirements determined by the Operator are fulfilled, the Ownership record may be updated. Updating the Ownership record does not mean that the sale transaction or legal relationship between the parties has been approved, guaranteed or supervised by the Operator.

7.4 Written Permission

The Operator may grant broader rights of use or a commercial licence for certain Digital Collectible Assets by written agreement.

In such case, only the rights expressly granted in writing are valid.

7.5 Infringement

If the provisions of this Section are breached, the Operator reserves the right to take necessary measures, including:

  • termination of the licence

  • requesting cessation of use

  • compensation for losses incurred

  • exercise of other legal rights arising from applicable law

Section 8 — Digital Certificate and Registered Ownership (ownership)

8.1 Digital Certificate

The Operator may issue a Digital Certificate for Digital Collectible Assets.

The Digital Certificate may show registered ownership (Ownership), verification information and system records relating to the relevant Digital Collectible Asset.

The Digital Certificate does not mean that copyright, economic rights or other intellectual property rights have been transferred.

The Digital Certificate has effect only within the scope specified in this Policy and the other legal documents.

8.3 Registered Ownership (Ownership)

Registered ownership (Ownership) means the record status maintained in the DaDa Design system.

The Ownership record may not, by itself, be interpreted as a transfer of copyright or other intellectual property rights.

8.4 Transfer Transactions

Transfer of registered ownership takes effect only after completion of the official transfer process determined by DaDa Design and update of the system records.

Transfer transactions not entered in the system records may not be regarded as valid in relation to DaDa Design.

8.5 Asset ID and Ownership ID

Asset ID is the unique registration number identifying the relevant Digital Collectible Asset.

Ownership ID is the identification information showing the registered owner of the relevant Digital Collectible Asset in the system.

Ownership may change; Asset ID does not change.

8.6 Detailed Regulation

Issuance of the Digital Certificate, transfer of Ownership, updating of system records and other technical matters are regulated in detail in the Digital Certificate and Ownership Policy.

Section 9 — Artificial Intelligence and Digital Processing

9.1 General Principle

Without the Operator’s prior express written permission, Digital Collectible Assets may not be used within artificial-intelligence systems, automated content-generation systems or similar technologies outside the limits specified in this Section.

9.2 Prohibited Uses

Without the Operator’s prior express written permission, the User may not:

  • use a Digital Collectible Asset to train artificial-intelligence systems

  • include it in data sets

  • process it for automated content generation

  • use it in technological processes intended to generate similar digital content

  • permit third parties to carry out such processes

  • modify, re-present or misleadingly represent the Digital Collectible Asset or its content in a manner that creates the impression that it was generated by artificial intelligence

9.3 Protection of Rights

The provisions of this Section are intended to protect the Operator’s intellectual property rights and may not be interpreted as granting the User any right of use not expressly granted in this context.

9.4 Exceptions Arising from Law

Uses that must be permitted under mandatory provisions of applicable law remain reserved.

9.5 Future Technologies

The provisions of this Section apply not only to current technologies but also to digital processing, analysis, learning and automated content-generation technologies that perform similar functions or may be developed in the future.

Section 10 — Infringements and Protection of Rights

10.1 Infringement

Any use contrary to this Policy, the Terms of Use, the Distance Sales and Digital Collectible Delivery Agreement or applicable intellectual property legislation may be regarded as an infringement.

10.2 Operator’s Right of Protection

In the event of suspected or identified infringement, the Operator reserves the right to take necessary technical, administrative and legal measures within the framework of applicable law.

In this context, the Operator may:

  • restrict access to the relevant content

  • temporarily suspend Ownership transfer transactions

  • place the account under review

  • apply to competent authorities where necessary

  • reassess temporary measures taken on the basis of suspected infringement after the necessary review is completed and remove them where appropriate

10.3 User’s Responsibility

The User is personally responsible for infringements of third-party intellectual property rights resulting from the User’s own acts or omissions.

The Operator is not responsible for losses arising from unlawful acts of the User.

10.4 Third-Party Claims

If third parties assert rights in relation to a Digital Collectible Asset, the Operator may conduct the necessary review and apply temporary transaction restrictions to the relevant records until the dispute is resolved.

Such measures do not constitute a final acceptance or rejection of ownership of rights.

The provisions regulated under this Policy do not limit the Operator’s rights under applicable law to bring proceedings, request interim measures, claim damages or exercise other legal rights.

Section 11 — Third-party Claims

11.1 Notice of Rights

Persons claiming that copyright, design rights, trademark rights or other intellectual property rights relating to a Digital Collectible Asset have been infringed may submit their claims to the Operator together with sufficient information and documents.

11.2 Review Process

The Operator may review applications submitted to it within a reasonable period and request any information or documents it considers necessary.

Submission of an application does not, by itself, mean that an infringement has been accepted.

11.3 Temporary Measures

While the review process is ongoing, the Operator may, where it considers necessary, apply temporary transaction restrictions to the relevant Digital Collectible Asset, Ownership record or other system records.

Such measures do not constitute a final assessment of the merits of the dispute.

11.4 Duty to Cooperate

Where reasonable information and documents relating to the claim are requested, the User agrees to contribute to the review process in accordance with the principle of good faith.

11.5 Reserved Rights

The provisions of this Section do not limit the rights of the Operator or third parties under applicable law to bring proceedings, defend claims or exercise other legal rights.

Section 12 — Updating the Policy

12.1 Right to Update

The Operator may update this Policy in line with changes in applicable law, developments in intellectual property practices, technological innovations, changes to Platform services or security requirements.

12.2 Entry into Force

The updated Policy enters into force on the date it is published on the Platform.

The effective date and version information are stated at the beginning or end of the Policy.

12.3 Material Changes

Where changes that may materially affect the User’s rights and obligations are made, Users shall be informed by appropriate methods where required by applicable law.

New consent may be obtained where necessary.

Section 13 — Final Provisions

13.1 Documents to Be Considered Together

This Policy shall be considered together with:

  • Terms of Use

  • Distance Sales and Digital Collectible Delivery Agreement

  • Privacy Policy

  • Cookie Policy

  • Payment Policy

  • Digital Certificate and Ownership Policy

In the event of any discrepancy between the documents, the provision most appropriate to the specific case shall apply, without prejudice to mandatory provisions of applicable law.

13.2 Severability

If any provision of this Policy is deemed wholly or partially invalid, void or unenforceable, this shall not affect the validity of the remaining provisions.

The invalid provision shall be replaced by the rule closest to the applicable law and the purpose of the provision.

13.3 Electronic Records

Electronic records, Ownership records, Digital Certificate records, Asset ID and Ownership ID records, electronic confirmations, transaction records and other technical records created by the Operator may, to the extent permitted by applicable law, be used as evidence in disputes.

13.4 No Waiver of Rights

The Operator’s failure or delay in exercising any right arising from this Policy does not constitute a waiver of that right.

13.5 Entry into Force

This Intellectual Property & Licensing Policy enters into force on the date it is published on the Platform and remains in force until a new version is published.