OKX Web3 Marketplace Content Policy

Last updated: 6 February 2024

OKX has a simple approach to content moderation. We follow local laws wherever we operate.

Our global framework is as follows:

a. is it illegal content in a jurisdiction in which we operate? If yes, we will remove in that specific jurisdiction.

b. will an App store require us to remove the relevant content to adhere to their guidelines? If yes, we will remove globally or locally as required by the App store.

Here’s the guideline to help you figure out the DOs and DON’Ts on our platform:

We expect you to comply with local laws and regulations. We prohibit the creation or listing of NFTs that:

facilitates or promotes unlawful gambling;
facilitates or promotes sexually related services such as prostitution and escort services;
facilitates or promotes the sale of narcotics, regulated goods and controlled substances;
contains child exploitation content, including images that depict minors in the nude or in suggestive poses;
facilitates or promotes fundraising and support for terrorist organizations; and/or
threatens violence.

We comply with the Digital Millennium Copyright Act (DMCA) and will take down infringing content, including NFTs (or any comments) that use images or references without permission. If you have a DMCA takedown request or another IP takedown request, please contact us by email to < enforcement@okx.com > or at OKX Customer Service Support Center. All DMCA notices and enquiries can also be sent to us at < ip-request@okx.com >.

We will take down content that is not consensual. If your artwork is depicted in an NFT without your consent, you can contact us by email to < enforcement@okx.com > or at OKX Customer Service Support Center for a takedown request and/or infringement claim.

We do not engage in or facilitate misleading activity including fake collections, NFTs that are intended to create confusion with a popular NFT or NFTs which include deceptive links to external domains. If you post scams, malware, phishing or other similar content that violates local law or consumer protection guidelines, we will take it down and blacklist you. We will also report fraud on our platform to local authorities.

We do not allow NFTs that may be subject to financial regulation on our platform. This includes creating or selling NFTs that give owners’ rights to any securities offerings or other regulated financial instruments. We also don’t allow market or price manipulation on our platform such as selling an NFT to yourself to create a misleading price (wash trading) and will ban users for this practice.

Our OKX Web3 Marketplace User Agreement sets out additional policies, information and requirements. Please see our OKX Web3 Marketplace Takedown Policy for more information about our legal removals request process.

OKX Web3 Marketplace Takedown Policy

Last updated: 6 February 2024

If you see content on our Marketplace that you believe violates your legal rights, whether a NFT listing or a comment, let us know. You may complete a template takedown notice: IP Takedown Template v1.2 Final.pdf, providing the information required, and send to us by email at < enforcement@okx.com > or contact us at OKX Customer Service Support Center. We’ll review the content and consider taking it down.

For our approach to content moderation and a list of content that is prohibited on our Marketplace, review our Content Policy above.

If you have concerns that a NFT violates local law, please flag it, and let us know by sending us a notice by email to < enforcement@okx.com > or OKX Customer Service Support Center.

We respect the valid intellectual property (IP) rights of others and we expect users of our Marketplace to do the same. Posting content that constitutes an infringement of legal rights violates our OKX Web3 Marketplace User Agreement and may be removed at our discretion. We comply with the Digital Millennium Copyright Act (DMCA) and we’ll respond to claims of copyright infringement using DMCA procedures.

If we remove any content in response to your request, we will use reasonable efforts to notify the NFT provider of your report, such as by forwarding your takedown request, so they can understand why their content was removed and can contact you directly to resolve any dispute.

If you are subject to multiple claimed takedown notices and/or IP infringement reports resulting in your content being removed, your account may be disabled under our repeat infringer policy. The actions we take under this policy will depend on the nature of the reported content, the number of times we had to take down your content, or any other appropriate action we have taken in response to complaints about your content or other activities on our Marketplace.

Any takedown notice and infringement claim must include ALL of the following information for us to take action:

Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed, including any applicable registration number and a copy of the registration certificate. An English translation of the certificate must be provided if the certificate is not depicted in English language;
Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Service of the material claimed to be infringing, so that we may locate the material;
A brief explanation of how the protected intellectual property right has been infringed;
Your contact information – at a minimum, your full legal name (not pseudonym as it is not acceptable) and email or mailing address, If you are an individual, provide the legal first and last name. If you are a corporation, provide the full corporate name;
A declaration that contains all of the following: I/We have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law. The information in this notice is accurate, and under penalty of perjury, I/We as the complaining party am authorized to act on behalf of the rights owner. I/We understand that I/we shall be liable for any damages, including costs and attorneys’ fees, OKX incurs related to any misrepresentation that OKX relies on to remove or disable access to the material claimed to be infringing; and
Your physical or electronic signature (of your full legal name).

To facilitate the processing of any takedown request, we provide a template takedown notice for complainant to fill in and submit to us by email to < enforcement@okx.com > or via OKX Customer Service Support Center : IP Takedown Template v1.2 Final.pdf

Please also note that there may be legal and financial consequences for submitting fraudulent or bad faith infringement reports. Before submitting your report, make sure you: (1) are the lawful rights owner or are legally authorized to act on behalf of the lawful rights owner, and (2) have a good faith belief that the content is infringing.

If you find content on our Marketplace that does not have your consent or the consent of a minor in your custody, we will review it for potential removal. This could include a NFT containing a picture of you or personal information about you. You can contact us by email to < enforcement@okx.com > or at OKX Customer Service Support Center to create a takedown request.

For any content (including a comment posted on the site) that you believe violates your rights or the law but does not fit into one of the categories above, you can still contact us by email to < enforcement@okx.com > or at OKX Customer Service Support Center to create a removal request. You may be asked for additional information supporting your claim (for example, the law that you are relying on and an explanation of why you believe the content violates that law). In some situations, we may request a court order.

FAQs on Takedown Requests

Last updated: 6 February 2024

1. What happens after a notice of a claimed IP infringement is submitted?

When we receive a properly submitted notice of a claimed IP infringement, we’ll take whatever action we deem appropriate.

For copyright issues we comply with the Digital Millennium Copyright Act (DMCA) and we’ll respond to claims of copyright infringement using DMCA procedures. If we remove the reported content, we will use reasonable efforts to notify the original NFT provider and they will have an opportunity to send a counter-notice to us explaining why they think their content was removed in error. If a NFT provider submits a properly completed counter-notice in response to a notice of claimed copyright infringement, we will send you a copy. We may restore the NFT listing or content if, after receiving the counter-notice, you do not file a court action against the NFT provider and inform us of the court action.

For trade mark, right of publicity, or other IP issues, if we remove the reported content, we will use reasonable efforts to notify the NFT provider of your report so they can understand why their content was removed and/or can contact you directly to resolve any dispute.

Please note that, on our platform, we are not the NFT provider and we provide aggregator or technical services to display or make the NFTs available on our platform. There may be chances that the NFT provider is not contactable or reachable, and we disclaim all rights associated with any NFT listed or aggregated on our platform should we fail to contact or reach the NFT provider for a counter-notice or request for a permanent delisting of the NFT at the relevant platform(s).

2. What happens if an NFT is removed?

If we remove any NFT listing in response to a takedown notice and/or infringement claim, NFT providers that have provided an email address associated with their accounts will be notified directly by email. NFT providers that have not provided an email will be notified directly through available social media channels. NFT owners that have not provided any contact information or social media channel will be notified directly on our NFT Marketplace (e.g., a 404 page indicating that content has been removed). Further, we will take reasonable steps to notify secondary purchasers of the NFT accordingly.

3. How do I submit a DMCA counter-notice?

You can send your counter-notice to us by email to < ip-request@okx.com >. The counter-notice must include ALL of the following information:

the legal first and last name of the person submitting the counter-notice. Pseudonyms are not legal names and will not be accepted;
the contact information of the person submitting the counter-notice for service of process including an email address or a physical address;
the name of the NFT and the URL associated with the removed content;
a brief reason why the person submitting the counter-notice believes the content was removed in error. For example, “I have permission from the rights owner to use the image”;
write the following statements:
Under penalty of perjury, I/we have a good faith belief that use of the content in the manner complained of is not a right violation, my content was removed by mistake or misidentification, and the information in this counter-notice is accurate.
a physical or electronic signature of the person submitting the counter-notice.
To facilitate the processing of any counter-notice, we provide a template counter-notice for respondents to fill in and submit to us by email to < ip-request@okx.com > : Counter Notice Template - 2024 Jan. 26 [Fillable].pdf

4. What happens after I submit a DMCA counter-notice - will the content be reposted?

Once you submit a properly completed counter-notice, we will send a copy to the party that submitted the takedown notice or infringement claim, and they will have seven (7) days to send us a copy of the court action filed against you or to confirm the dispute is resolved. If we don’t receive a timely filed confirmation of the court action, we may repost the NFT listing or content at issue. If we repost the content, we’ll remove the complaint from the NFT owner's NFT account record.

5. What happens if a notice of claimed IP infringement (or counter-notice) is submitted in bad faith (e.g. known to be false/fraudulent)?

There may be legal and financial consequences for submitting a fraudulent or bad faith notice of claimed IP infringement or counter-notice. You can be sued and held liable for damages caused by filing a false claim or counter-notice.

6. What happens if multiple IP infringement claims are submitted against me?

A user account shall be disabled when the user is subject to numerous takedown notice or infringement complaints on their NFT account record and has been deemed a repeat infringer.