Kitely Market is a service provided by Kitely Ltd., and as such is governed by Kitely's terms of service which cover issues such as Intellectual Property, DMCA policy, and other relevant subjects.
The following is a clarification of some of these terms as they relate to respecting Intellectual Property (IP) in the Kitely Market.
Third-party Intellectual Property
Kitely is very protective of the rights of Intellectual Property owners and we require that you be as well:
- Don't sell products that contain brands, trademarks, copyrighted content, or any other sort of Intellectual Property for which you do not have an explicit license from the IP owners to sell in the Kitely Market. If you have such a license then clearly state so in the product's description and keep written documentation that can prove your license to any agent acting on the IP owner's behalf.
- Avoid selling knockoff products that can confuse an uninformed buyer, or an agent acting on an IP owner's behalf, into thinking they were created by a third-party which you don't legally represent.
- Don't sell other people's "freebie" content in the Kitely Market. Products which are provided by their creators for free outside the Kitely Market are not allowed to be sold in the Kitely Market even if those products are licensed in a way which permits people to sell them. The only exceptions to this rule are:
- You are allowed to sell items you created yourself from scratch even if you give them away for free outside the Kitely Market.
- You are allowed to sell "freebie" content which is licensed for use in Kitely if it is designed to be used as a building component and your augmentation adds clear value to it - the product you sell can't be just a minor tweak of other people's "freebie" content.
As stated in Kitely's terms of service, it's our policy to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA").
We therefor advise you to avoid doing anything that can result in IP owners having a legitimate case for sending Kitely a DMCA takedown notice for products that you sell. Violating this rule will very likely result in you and all your products being permanently banned from Kitely and can also get you into legal trouble with both the IP owner and with Kitely.