These Product Upload Design Customization Rules apply to the flexcreate.ai website and Agency and any mobile applications operated by the website and its affiliates (“FLEXCREATE”).
You may not post or sell anything restricted or prohibited by federal, state or local law in any jurisdiction. We have listed the categories and designs of prohibited items as following, but some categories may not be covered here. As a seller, it is your responsibility to ensure that you do not post items and designs that are prohibited by the laws of any jurisdiction.
FLEXCREATE may update this policy from time to time and it is your responsibility to review this policy periodically to ensure compliance.
In accordance with the User Terms and Conditions, FLEXCREATE reserves the right, in its sole discretion, to determine whether an item violates this policy and to require you to immediately delete an item or terminate your account for violation of this policy.
Prohibited Items:
\u25cf Copyright infringing items;
\u25cf Items that contradict public morals;
\u25cf Counterfeit goods or items of any kind that are counterfeit;
\u25cf Any goods or items that infringe the intellectual property rights of any company or individual;
\u25cf Items that promote hatred, violence, national, racial or religious intolerance;
\u25cf Espionage equipment and devices;
\u25cf Any other categories prohibited by the laws, regulations, sanctions and trade restrictions of any relevant jurisdiction;
For example,
1\u3001Items with copyright infringing content
It refers to the use of words and graphics that are the same or similar to others’ registered trademarks on the same commodity or similar commodities without the permission of the trademark registrant.
* The identification of “similar goods” shall be based on the goods approved for use in the trademark registration certificate.
* The identification of “similar trademarks” should usually be considered from two aspects: one is whether the goods or services used by the two trademarks are the same or similar; the other is whether the main parts of the logos of the two trademarks are similar.
Copyright infringing judgment standard
Taking the general attention of ordinary consumers as the subjective standard for judgment, and adopting the method of combining the overall comparison with the comparison of the distinctive parts of the trademark, a comprehensive judgment is made.
In practice, the three elements of sound, shape and meaning of trademarks are mostly considered.
(1) Whether the pronunciation is the same;
(2) Whether the shape is similar, and whether it may lead to the intuitive misunderstanding of ordinary consumers;
(3) Whether the meaning is the same.
* A certain brand is involved in footwear products, and the customer’s picture contains the logo or pattern of the registered trademark.
* A certain brand is involved in footwear products, and the customer’s picture contains a logo or pattern of a registered trademark with a slight color adjustment.
2\u3001Any goods or items that violate the intellectual property rights of any company or individual
This behavior means that the unauthorized user uses the same or similar trademark as the well-known trademark on his own goods that are different from the well-known trademark, and it cause consumers to misidentify or confuse the source of the commodity and its relationship with the producer in other respects, thereby weakening the special appeal and identification of the well-known trademark.
The main forms of dilution of well-known trademarks:
One is to vilify the relevant well-known trademark in a certain way;
The second is to darken the relevant well-known trademarks in a certain way;
The third is to make consumers misunderstand the trademark as the common name of the relevant commodity in an indirect way of misinterpretation.
* A certain brand is only involved in clothing, footwear products, but the customers uses pictures which contains the logo or pattern of the registered trademark to design home products.
* A certain brand is only involved in clothing and footwear products, but the customers uses pictures which contains the logo or pattern of the registered trademark to design home products, though the color of the logo or pattern has been adjusted slightly.
If you have any questions about the Copyright Policy, please feel free to contact us.
January 1st, 2022
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