Intellectual Property

How intellectual property rights are handled on the Phygitals platform, including third-party IP, card imagery, user content, and DMCA procedures.

Overview

Phygitals operates at the intersection of physical collectibles and blockchain technology. Our platform facilitates the digitization, custody, and trading of authentic physical collectible cards as compressed NFTs (cNFTs) on the Solana blockchain. This Intellectual Property policy explains how various IP rights are respected and protected across the platform.

We are committed to respecting the intellectual property rights of all rights holders, including trading card manufacturers, entertainment companies, sports leagues, and individual content creators. This policy applies to all users, content, and activity on the Phygitals platform.

Platform IP

Phygitals owns and retains all intellectual property rights in and to the Phygitals platform, including but not limited to:

• Platform technology: All software, smart contracts, algorithms, interfaces, and technical infrastructure powering the Phygitals marketplace, vault management, and digitization processes.

• Phygitals branding: The Phygitals name, logo, visual identity, and all associated brand assets are trademarks of Phygitals and may not be used without prior written authorization.

• Original collections: Phygitals-original intellectual property, including Phygitals-original collections and any other custom collections created by or for Phygitals, are owned exclusively by Phygitals or its licensors.

• Platform content: All editorial content, documentation, UI/UX design, marketing materials, and original creative works published on the platform are the property of Phygitals.

Users are granted a limited, non-exclusive, non-transferable license to use the Phygitals platform in accordance with our Terms of Service. This license does not grant any ownership rights in Phygitals' intellectual property.

Third-Party IP

Phygitals does not own, claim ownership of, or assert any intellectual property rights over third-party trading card brands, franchises, or associated content. The collectible cards available on our platform are authentic physical products manufactured and distributed by their respective rights holders.

Third-party intellectual property present on the platform includes, but is not limited to, content associated with the following brands and franchises:

• Pokemon TCG - Pokemon, its characters, and related marks are trademarks of Nintendo, Creatures Inc., and GAME FREAK Inc. The Pokemon Trading Card Game is produced by The Pokemon Company International.

• Yu-Gi-Oh! - Yu-Gi-Oh! and related marks are trademarks of Kazuki Takahashi and Konami Holdings Corporation.

• One Piece - One Piece and related marks are trademarks of Eiichiro Oda and Shueisha Inc. The One Piece Card Game is produced by Bandai Co., Ltd.

• Dragon Ball - Dragon Ball and related marks are trademarks of Bird Studio and Shueisha Inc. Dragon Ball products are produced by Bandai Co., Ltd.

• Baseball cards - Major League Baseball trademarks and content are the property of MLB and its member clubs. Cards may be produced by Topps, Panini, Upper Deck, and other licensed manufacturers.

• Football cards - National Football League trademarks and content are the property of the NFL and its member clubs. Cards may be produced by Panini, Topps, and other licensed manufacturers.

• Basketball cards - National Basketball Association trademarks and content are the property of the NBA and its member teams. Cards may be produced by Panini, Upper Deck, and other licensed manufacturers.

The above list is illustrative and not exhaustive. Additional rights holders not specifically named herein may have intellectual property associated with collectibles available on the platform. All such rights are acknowledged and respected.

Phygitals' role is limited to providing a platform for the custody, digitization, and peer-to-peer trading of these authentic physical collectibles. The presence of third-party branded cards on the platform does not imply any endorsement, sponsorship, or affiliation between Phygitals and the respective rights holders unless explicitly stated.

First Sale Doctrine & Lawful Resale

All third-party branded cards available on the Phygitals platform are authentic, lawfully acquired physical products. Phygitals believes its model is consistent with the first sale doctrine (17 U.S.C. § 109), which generally permits the owner of a lawfully acquired copy to sell or otherwise dispose of that copy without the copyright holder's authorization. The platform operates under the principles of this doctrine with respect to the resale and trading of authentic physical collectibles.

Phygitals facilitates the trading of these authentic physical goods in their digitized cNFT form. Each cNFT corresponds to a specific, verifiable physical card held in professional vault storage. The digitization process does not create new copies of any copyrighted material; it creates a blockchain-based record of ownership for the underlying physical item.

Card Images & Metadata

Card images displayed on the Phygitals platform are photographs or scans of authentic physical collectible cards. These images are used for the following purposes:

• Identification: To enable buyers and sellers to identify the specific physical card associated with a cNFT.

• Condition verification: To provide visual documentation of the card's condition, grade, and authenticity.

• On-chain metadata: Card images and descriptive metadata are stored as part of the cNFT's on-chain or linked off-chain metadata to ensure permanent association between the digital token and the physical card.

Card metadata, including card names, set information, rarity, and other descriptive attributes, is sourced from publicly available databases and the physical cards themselves. This metadata is used solely for the purpose of accurately describing and identifying the physical collectible associated with each cNFT.

Phygitals does not claim copyright ownership over card images that depict third-party intellectual property. The use of card images and metadata is limited to facilitating the lawful trade of authentic physical collectibles.

User Content

Users may contribute content to the Phygitals platform in various forms, including profile information, collection descriptions, and community interactions. By submitting content to the platform, you represent and warrant that:

• You own or have the necessary rights and permissions to submit the content.

• Your content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.

• Your content does not contain unlawful, defamatory, or otherwise objectionable material.

You grant Phygitals a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your user-submitted content solely in connection with the operation of the platform. This license terminates when you remove your content from the platform or close your account, except where the content has been shared with others who have not removed it.

Phygitals reserves the right to remove any user content that violates these guidelines, our Terms of Service, or applicable law.

DMCA Process

Phygitals respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that content on the Phygitals platform infringes your copyright, you may submit a DMCA takedown notice to our designated agent.

Filing a DMCA Takedown Notice

To file a DMCA takedown notice, please provide the following information in writing to our designated agent:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

• Identification of the material that is claimed to be infringing and that is to be removed, including information reasonably sufficient to permit Phygitals to locate the material (e.g., a URL or description of where the content appears on the platform).

• Your contact information, including your name, address, telephone number, and email address.

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

• A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Designated Agent

DMCA takedown notices should be sent to our designated agent at:

Email: [email protected]

Upon receipt of a valid DMCA takedown notice, Phygitals will expeditiously remove or disable access to the allegedly infringing material and notify the user who posted the content.

Counter-Notification

If you believe that content you posted was removed in error or is not infringing, you may file a counter-notification. A valid counter-notification must include:

• Your physical or electronic signature.

• Identification of the material that has been removed and the location at which the material appeared before it was removed.

• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which you are located, and that you will accept service of process from the person who filed the original DMCA notice.

Upon receipt of a valid counter-notification, Phygitals will forward it to the original complainant. If the complainant does not file a court action within 10–14 business days, Phygitals may restore the removed content.

Repeat Infringers

Phygitals maintains a policy of terminating the accounts of users who are found to be repeat infringers of intellectual property rights, in appropriate circumstances and at our sole discretion.

Trademarks

All trademarks, service marks, trade names, and logos displayed on the Phygitals platform are the property of their respective owners. The display of third-party trademarks on the platform does not grant any license or right to use such trademarks without the prior written consent of the trademark owner.

The use of third-party trademarks on the Phygitals platform is limited to nominative fair use for the purpose of identifying and describing the authentic physical collectible cards available for trade. This usage is descriptive, non-commercial in nature (with respect to the marks themselves), and does not imply any endorsement or affiliation.

If you believe that a trademark is being used improperly on the Phygitals platform, please contact us at [email protected] with details of the concern.

Contact

For questions or concerns regarding intellectual property matters on the Phygitals platform, please contact us:

• General IP inquiries: [email protected]

• DMCA notices: [email protected]

• Trademark concerns: [email protected]

We take intellectual property matters seriously and will respond to all legitimate inquiries in a timely manner. This policy may be updated periodically. Please review it regularly for any changes.