Kongz Kreator Program: Terms and Conditions for Content Creation

Effective Date: February 1, 2024

Last Update: February 1, 2024

Introduction.

Welcome to the Kongz Kreator Program® ("Program"), a dedicated gateway for the submission and curation of digital content related to Non-Fungible Tokens (NFTs) and associated digital artworks, writings, and multimedia by creators ("Kreators").

Operated by CyberKongz LLC ("Company", "we", "us"), a limited liability company registered in Saint Kitts and Nevis, the Kongz Kreator Program invites Kreators to contribute their unique content under specific terms outlined herein.

These Terms and Conditions for Content Creation ("Terms") are designed to govern your participation as a Kreator within the Program, including the submission process, review and selection of your Content, and any potential compensation for your contributions.

These Terms supplement the broader CyberKongz Terms of Service accessible at CyberKongz General Terms ("General Terms").

By participating in the Program and submitting Content, you agree to adhere to these Terms, the General Terms, and all relevant laws and regulations.

For legal inquiries or further details regarding these Terms or the General Terms, please contact us at [email protected].

Definitions.

For the purpose of Terms and Conditions for Kongz Kreator Program, the following definitions apply:

• Kreator: An individual or entity approved by CyberKongz LLC to contribute content under the Kongz Kreator Program. Kreators are selected based on their ability to produce original digital content that aligns with the values and standards of CyberKongz LLC. Approval as a Kreator does not constitute an employment relationship, partnership, or agency relationship between the Kreator and CyberKongz LLC.

• Kongz: Digital assets of varying types, including but not limited to Non-Fungible Tokens (NFTs), issued by CyberKongz LLC. KONGZ may represent digital art, collectibles, or other forms of digital content associated with the CyberKongz ecosystem. The specific nature and utility of KONGZ digital assets are defined by CyberKongz LLC and may vary based on the context of their issuance or use within the Kongz Kreator Program or broader CyberKongz ecosystem.

• Content: Digital artworks, writings, multimedia, and other forms of creative work submitted by Kreators to the Kongz Kreator Program for consideration, curation, and potential publication. Content must be original and the Kreator must hold all necessary intellectual property rights, unless otherwise permitted by CyberKongz LLC through the provision of a press kit or specific written permission.

• Press Kit: A collection of approved logos, branding materials, and content creation guidelines provided by CyberKongzLLC to Kreators upon their acceptance into the KONGZ KREATOR PROGRAM. The press kit is designed to assist Kreators increating content that is consistent with the CyberKongz brand and values.

• Program: Refers to the Kongz Kreator Program, a platform operated by CyberKongz LLC for the submission, review, and curation of digital content by approved creators (Kreators).

Note: These specific definitions are intended to clarify terms specific to the Kongz Kreator Program and do not supersede or replace any definitions or terms set forth in the broader CyberKongz Terms and Conditions of Service.

Kreators and users are encouraged to review both sets of terms to fully understand their rights and obligations within the CyberKongz ecosystem.

Eligibility and Registration.

• Must be 18 years or the legal age in your jurisdiction.

• Complete the registration process with accurate, current information at https://www.cyberkongz.com/kreator-program.

• Obtain official approval from CyberKongz LLC as a Kongz Kreator. Note: If you are accepted as a Kreator, you will be eligible to receive a Kong based on the type of digital asset you've applied for. For more information, please see Compensation and Rewards section, below.

• Review and comply with the CyberKongz LLC Press Kit provided upon approval.

Press Kit.

• Approved Kreators will receive a Press Kit containing CyberKongz-approved logos, branding materials, and content creation guidelines.
• Please familiarize yourself with these materials to ensure compliance.

Modification and Termination.

• CyberKongz LLC reserves the right to modify or replace these Terms and Conditions at any time and without notice. Please remain informed by periodically reviewing all available terms and conditions here, and at CyberKongz Terms and Conditions of Service.

• CyberKongz LLC reserves the right to terminate your participation in the Program at any time and without cause or notice.

• Kreators may terminate their participation in the Program at any time by providing written notice to the Company at [email protected]. Upon termination, Kreators must cease using the Program and any associated materials provided by the Company. All materials provided by the Company must be returned to CyberKongz LLC.

Content Submission and Intellectual Property.

• Submit original content for publication, holding all necessary IP rights.

• Follow specified guidelines, including content standards, format, and size.

• Any use of IP not owned by the Kreator and not included in the press kit requires written permission from the Company. Submit requests to [email protected].

Intellectual Property Rights Post-Termination.

• Upon termination of a Kreator's participation in the Program, either by the Kreator or by CyberKongz LLC, the rights granted to CyberKongz LLC with respect to the Content submitted by the Kreator shall survive in accordance with the terms herein.

• CyberKongz LLC retains the non-exclusive, worldwide, royalty-free license to continue to use, reproduce, modify, display, and distribute any Content previously submitted by the Kreator for the duration of the Program. This includes the right to keep such Content accessible on any platforms, publications, or media channels where it has been used or shared. However, the Kreator shall retain ownership of their Content and may continue to use it for their own purposes, subject to any rights granted to CyberKongz LLC or any third parties.

• Kreators are advised that certain obligations and rights with respect to the Content, including but not limited to confidentiality and indemnification obligations, shall survive the termination of their participation in the Program.

Ethical Guidelines.

• Kreators agree to uphold high ethical standards in their content creation, ensuring that all submitted content is free from illegal, offensive, and harmful material.

• CyberKongz reserves the right to reject any content that violates these ethical guidelines or that is deemed inappropriate for the Program.

Compensation and Rewards.

• Upon acceptance into the Program, Kreators will receive a CyberKongz Non-Fungible Token (NFT) from the CyberKongz Collection corresponding to the category for which they applied.

• CyberKongz may offer additional compensation or rewards beyond the initial NFT allocation. Such supplementary rewards are granted entirely at the discretion of CyberKongz LLC.

Evaluation and Process.

• Please be aware that both evaluation and process are designed to be comprehensive and fair for all Kreators.

• Upon selection, Kreators will be invited to participate in a call with the CyberKongz team to discuss onboarding and scope of expectations.

• CyberKongz NFT's that have been allocated for the Kreator Program will be stored in a multisig wallet for a period of 6 months.

• Transfer of NFT’s to Kreators occurs only upon successful completion of all obligations at the end of the 6-month period.

Responsibilities and Disclaimers.

• Participation as a Kreator does not imply membership, representation, or affiliation with the Company beyond the scope of the Program.

• Kreators are solely and independently responsible for their Content and by these terms ensure said Content does not infringe on any laws, regulations, or third-party rights.

• Kreator Content is personal to respective Kreators and may not reflect the views or opinions of CyberKongz LLC or its affiliates.

Liability Limitations.

• CyberKongz LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your participation in the Program or your use of any content submitted.

• For more information and details regarding CyberKongz’ liability limitations, please refer to CyberKongz Terms and Conditions of Service.

Data Protection and Privacy.

• CyberKongz LLC is committed to protecting the privacy and security of Kreators’ personal information.
• All personal data provided during the registration process and participation in the Program will be processed in accordance with the Company’s Privacy Policy, accessible at CyberKongz Privacy Policy, and which includes, but is not limited to, the collection, use, and sharing of personal data.

Governing Law and Dispute Resolution.

• Governed by the laws of Saint Kitts and Nevis.

• Disputes resolved through arbitration.

• For more information, please visit CyberKongz Terms and Conditions of Service.

Kreator Feedback.

• CyberKongz welcomes feedback from Kreators. Kreators may submit feedback via email to [email protected]

Contact Information.

For questions, please contact the Company at [email protected].

From all of us at CyberKongz LLC and the Kongz Kreator Program:

Thanks for your Interest and Participation!