Overview

KAIGA operates as an independent platform exclusively for Pokémon trading card collection management and e-commerce services. We are based in Singapore and operate under Singapore law. This notice clarifies the ownership of intellectual property rights, our relationship with third-party trademark holders, and our policies regarding user-generated content.

---

Pokémon Intellectual Property

No Affiliation

KAIGA is not affiliated with, endorsed by, sponsored by, or in any way officially connected with:

• The Pokémon Company
• The Pokémon Company International
• Nintendo Co., Ltd.
• Game Freak Inc.
• Creatures Inc.
• Any of their subsidiaries or affiliated companies

Trademark and Copyright Ownership

All Pokémon-related intellectual property, including but not limited to:

Trademarks

• The Pokémon® trademark and logo
• Individual Pokémon character names
• Pokémon Trading Card Game™ trademark
• Game titles (Pokémon Scarlet, Pokémon Violet, etc.)
• Related logos, symbols, and branding elements

Copyrighted Visual Content

• Pokémon character sprites and illustrations (2D and 3D character images)
• Trading card artwork and designs (front and back of cards)
• Card scans and product images (photographs of physical cards)
• Character designs and visual representations (official artwork, game graphics)
• Packaging artwork (booster packs, boxes, promotional materials)
• Logo designs and graphic elements
• Video game screenshots and assets

Are the exclusive property of their respective owners:

Pokémon © 2002-2025 Pokémon. © 1995-2025 Nintendo / Creatures Inc. / GAME FREAK inc. TM, ® and character names are trademarks of Nintendo.

All artwork, character designs, and visual assets are protected by copyright law.

Our Use of Pokémon Intellectual Property

KAIGA features exclusively Pokémon trading cards on our platform. We use Pokémon names, images, card data, and trademarks solely for the following purposes:

1. Product Identification: To accurately identify and catalog Pokémon trading cards in our database
2. Reference and Description: To provide accurate descriptions of Pokémon trading cards available in our shop
3. Collection Management: To enable users to track and manage their personal Pokémon card collections
4. Search and Discovery: To facilitate users finding specific Pokémon cards they wish to collect or purchase

This use constitutes fair use under trademark law for purposes of:

• Descriptive reference
• Nominative fair use (identifying genuine products)
• Informational purposes

We do not use Pokémon intellectual property to:

• Suggest sponsorship or endorsement by The Pokémon Company
• Create confusion about the source or origin of our services
• Compete with official Pokémon products or services
• Misrepresent our relationship with The Pokémon Company
• Feature or sell any products other than Pokémon trading cards

Use of Copyrighted Visual Content

KAIGA displays copyrighted Pokémon visual content on our platform, including:

Character Sprites and Images

• Pokémon character sprites are displayed to help users identify cards featuring specific Pokémon
• Character images are sourced from official Pokémon databases and are used solely for product identification
• Sprites are displayed at reduced resolution suitable for identification purposes only

Trading Card Images

• Card front and back images are displayed to show the exact product available for purchase or in a user's collection
• Card images include the full artwork, text, and design of authentic Pokémon trading cards
• These images are essential for buyers to verify the specific card variant, edition, and condition

Product Photography

• Images of physical cards (user-uploaded or sourced from official sources)
• Packaging images (booster packs, set logos, expansion symbols)
• Promotional materials related to specific card releases

Legal Basis for Visual Content Use

Our use of copyrighted Pokémon visual content is legally justified under Singapore law and international copyright principles:

1. Fair Dealing (Singapore Copyright Act)

Under Singapore's Copyright Act (Cap. 63), our use qualifies as fair dealing because:

• Purpose: Commercial use for factual product identification and sale of authentic goods in the secondary market
• Nature: Factual display of copyrighted works to identify genuine Pokémon trading cards
• Amount: Only necessary portions displayed (card images shown at web resolution, not print quality)
• Market Effect: Does not compete with or substitute for official Pokémon products; facilitates legitimate secondary market sales of authentic products
• Purpose and Character: Transformative use for product cataloging and e-commerce functionality

2. Nominative Fair Use (Trademark Law)

Our use of visual trademarks (logos, character designs) qualifies as nominative fair use under international trademark principles recognized in Singapore:

• The products (Pokémon trading cards) cannot be identified without using the copyrighted images and trademarks
• We use only as much visual content as necessary for product identification
• We do nothing to suggest sponsorship, endorsement, or affiliation with The Pokémon Company

3. Exhaustion of Rights / First Sale Doctrine

We facilitate the resale of authentic, legally purchased Pokémon products. Under the principle of exhaustion of intellectual property rights:

• Owners of authentic Pokémon cards may resell their legally acquired products
• Displaying images of these products for resale purposes is protected
• We do not create, reproduce, or distribute unauthorized copies of Pokémon products
• Our use facilitates legitimate secondary market commerce

4. E-commerce Necessity

As an e-commerce platform operating in Singapore:

• Displaying product images is essential to facilitate commerce in authentic goods
• Buyers must be able to see accurate representations of products before purchase
• Our use does not create derivative works or unauthorized reproductions
• We operate in accordance with Singapore's e-commerce regulations and consumer protection laws

Limitations on Visual Content Use

KAIGA's use of Pokémon visual content is strictly limited to:

• E-commerce necessity: Only images necessary to identify and sell authentic products
• Non-derivative: We do not modify, alter, or create derivative works from Pokémon artwork
• Appropriate credit: All visual content is accompanied by proper copyright attribution
• Removal upon request: We will promptly remove any visual content upon valid DMCA notice from rights holders

Promotional and Marketing Use

KAIGA may use Pokémon-inspired imagery, including AI-generated artwork, for promotional and marketing purposes to:

• Enhance the user experience on our platform
• Celebrate the Pokémon Trading Card Game collecting hobby
• Create an engaging shopping experience
• Promote legitimate commerce in authentic Pokémon products

This promotional use is intended to facilitate sales of genuine Pokémon trading cards and is consistent with industry standard practices for card retailers and online shops.

We do NOT:

• Create or sell counterfeit Pokémon products
• Manufacture unauthorized Pokémon merchandise
• Use Pokémon imagery to suggest false endorsement by The Pokémon Company
• Create competing products (card games, apps, etc.) using Pokémon designs
• Offer downloads of official Pokémon artwork for reproduction
• Use Pokémon content for advertising non-Pokémon products

---

KAIGA Intellectual Property

What We Own

The following are proprietary to KAIGA and protected by applicable intellectual property laws:

• KAIGA name, logo, and branding
• Website design, layout, and user interface
• Software, code, and technical infrastructure
• Original content, including but not limited to:
  • Platform features and functionality
  • User interface designs
  • Marketing materials created by KAIGA
  • Blog posts and educational content authored by KAIGA
  • Collection management tools and algorithms

What We Don't Own

KAIGA does not claim ownership of:

• Pokémon character designs, names, or imagery
• Pokémon Trading Card Game card artwork or designs
• User-generated content (your collection data, reviews, listings, etc.)
• Third-party trademarks, logos, or brand names
• Product images sourced from manufacturers or rights holders

---

User-Generated Content Disclaimer

No Control Over User Content

KAIGA provides a platform where users can upload, post, and share content including but not limited to:

• Product listings for Pokémon trading cards
• Card condition descriptions and photographs
• User reviews and ratings
• Collection inventories
• Profile information and descriptions
• Comments and communications

KAIGA does not control, verify, endorse, or take responsibility for any user-generated or user-uploaded content. Users are solely responsible for the content they upload, post, or share on our platform.

User Responsibility for Content

By uploading or posting content on KAIGA, users represent and warrant that:

1. They own or have the necessary rights to the content they upload
2. Their content does not infringe on any third-party intellectual property rights
3. Their content does not violate any applicable laws or regulations
4. They will not upload counterfeit products, misleading descriptions, or fraudulent content
5. They will accurately represent the condition and authenticity of products they list

Limitation of Liability

KAIGA is not liable for:

• Infringing content uploaded by users
• Misrepresentation of products by sellers
• Disputes between buyers and sellers
• Counterfeit products listed by users
• Unauthorized use of copyrighted images by users
• False or misleading product descriptions
• Any damages arising from user-generated content

Content Monitoring and Removal

While KAIGA implements reasonable measures to monitor and moderate content:

• We do not pre-screen all user-generated content before publication
• We rely on community reporting and automated systems to identify problematic content
• We reserve the right to remove any content that violates our Terms of Service or applicable laws
• We respond promptly to valid DMCA takedown notices and trademark infringement claims
• Repeated violations may result in account suspension or termination

Users should report problematic content to: legal@kaiga.org

Third-Party Rights

If you believe that user-generated content on KAIGA infringes your intellectual property rights:

1. Submit a DMCA takedown notice (see DMCA section below)
2. Contact us at legal@kaiga.org with details of the infringement
3. We will investigate and take appropriate action in accordance with Singapore law

---

Third-Party Trademarks

In addition to Pokémon-related trademarks, KAIGA's platform may reference other third-party trademarks, including but not limited to:

• Trading card grading companies (PSA, BGS, CGC, etc.)
• Payment processors (Stripe, PayPal, etc.)
• Shipping carriers (SingPost, FedEx, DHL, etc.)
• Authentication services

All such trademarks are the property of their respective owners. Reference to these trademarks is made solely for identification and descriptive purposes and does not imply endorsement, sponsorship, or affiliation.

---

User Responsibilities

By using KAIGA's platform, you agree to:

Respect Intellectual Property Rights

Users must not:

• Claim ownership of Pokémon intellectual property
• Suggest official authorization or endorsement by The Pokémon Company when none exists
• Falsely represent affiliation with The Pokémon Company
• Create or sell counterfeit Pokémon products
• Manufacture unauthorized Pokémon merchandise for sale
• Remove or alter copyright notices on Pokémon products

Users MAY:

• Use Pokémon imagery to promote their listings of authentic Pokémon cards
• Create marketing materials to showcase their legitimate Pokémon card collections or sales
• Use Pokémon names and images to accurately describe products they are selling

Authentic Products Only

• Only list genuine, authentic Pokémon trading cards for sale
• Accurately represent the condition and authenticity of products
• Do not sell bootleg, fake, or counterfeit Pokémon merchandise
• Report suspected counterfeit products to KAIGA immediately

Proper Attribution

• Acknowledge that Pokémon intellectual property belongs to The Pokémon Company
• Do not remove or alter copyright notices on Pokémon products
• Respect the intellectual property rights of other users and third parties

---

Copyright Infringement Notices

Copyright Infringement Policy

KAIGA respects the intellectual property rights of others and expects users to do the same. We operate under Singapore's Copyright Act and comply with international copyright standards. We will respond to valid notices of copyright infringement.

Reporting Copyright Infringement

If you believe that content on KAIGA's platform infringes your copyright, please send a copyright infringement notice to:

Your notice must include:

1. Your physical or electronic signature
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the infringing material and its location on our platform (specific URL or description)
4. Your contact information (address, telephone number, email)
5. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
6. A statement that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner
7. Any evidence supporting your claim of copyright ownership

Counter-Notification

If you believe content was removed in error, you may file a counter-notification to:

Your counter-notification must contain:

1. Your physical or electronic signature
2. Identification of the removed content and its former location on our platform
3. A statement that you have a good faith belief the content was removed in error or misidentification
4. Your contact information (name, address, telephone number, email)
5. Consent to the jurisdiction of Singapore courts for any disputes arising from the counter-notification
6. Any evidence supporting your claim that the content does not infringe copyright or that you have authorization to use it

---

Trademark Infringement

If you believe your trademark rights are being infringed on KAIGA's platform, please contact us at:

Provide:

• Details of your trademark (registration number if applicable)
• Identification of the infringing use
• Evidence of your trademark rights
• Your contact information

---

Fair Use and Nominative Fair Use

Our Legal Position

KAIGA's use of Pokémon and other third-party trademarks is protected under:

1. Nominative Fair Use: We use trademarks only to identify the genuine products to which they refer
2. Descriptive Fair Use: We use trademarks descriptively to identify products, not as source indicators for KAIGA
3. First Sale Doctrine: We facilitate the resale of authentic, legally purchased Pokémon products

Requirements for Fair Use

Our use of third-party trademarks satisfies the requirements for fair use:

• The product cannot be readily identified without using the trademark
• We use only as much of the trademark as necessary for identification
• We do nothing to suggest sponsorship or endorsement by the trademark holder

---

Product Authenticity

KAIGA's Position

• We are an e-commerce platform selling authentic Pokémon trading cards
• We offer genuine Pokémon trading cards for purchase
• We do not manufacture, produce, or officially distribute Pokémon products
• We operate under the first sale doctrine, which allows sale of authentic products

Counterfeit Products

KAIGA has a zero-tolerance policy for counterfeit products:

• Listings of counterfeit products are strictly prohibited
• Sellers found listing counterfeit products will have accounts suspended or terminated
• We cooperate with law enforcement and rights holders to combat counterfeiting
• Users should report suspected counterfeit products to: legal@kaiga.org

---

International Trademark Rights and Singapore Jurisdiction

Governing Law

KAIGA is based in Singapore and operates under Singapore law. This Trademark & Intellectual Property Notice is governed by:

• Singapore Copyright Act (Cap. 63)
• Singapore Trade Marks Act (Cap. 332)
• Singapore Electronic Transactions Act
• Singapore Consumer Protection (Fair Trading) Act
• International treaties to which Singapore is a party

International Protection

Pokémon trademarks and copyrights are protected internationally under various treaties and national laws, including:

• Berne Convention for the Protection of Literary and Artistic Works (Singapore is a signatory)
• Paris Convention for the Protection of Industrial Property (Singapore is a signatory)
• World Intellectual Property Organization (WIPO) treaties
• Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
• National trademark and copyright laws in jurisdictions where KAIGA operates

KAIGA respects these international protections and complies with applicable laws under Singapore jurisdiction and international treaties to which Singapore is a party.

---

Changes to This Notice

We may update this Trademark & Intellectual Property Notice from time to time to reflect:

• Changes in applicable law
• New products or services offered by KAIGA
• Additional third-party trademarks referenced on our platform
• Feedback from rights holders

Updates will be effective immediately upon posting. The "Last Updated" date at the top of this page indicates when the most recent changes were made.

---

Contact Information

For General Inquiries

For Copyright Issues

For Trademark Issues

For The Pokémon Company

If you are a representative of The Pokémon Company or an authorized agent and have concerns about our use of Pokémon intellectual property, please contact us directly at legal@kaiga.org. We are committed to maintaining a respectful and legally compliant relationship with all rights holders.

---

Disclaimer

This notice is provided for informational purposes and does not constitute legal advice. Users should consult their own legal counsel regarding intellectual property matters.

KAIGA makes reasonable efforts to respect intellectual property rights, but cannot guarantee that all content on the platform is free from infringement. Users are solely responsible for ensuring their own compliance with intellectual property laws.

KAIGA is not responsible for user-generated or user-uploaded content and shall not be held liable for any copyright or trademark infringement by users.

---

Last Updated: January 6, 2025 Jurisdiction: Singapore