CONTENT AND COMMUNITY GUIDELINES
At FUERA DEL MOLDE, we seek to foster a creative, respectful and safe community where Artists, Sellers, Buyers and other Users can share, discover and market Content and Products within the Marketplace.
These Guidelines elaborate on the rules regarding Content, community conduct, safety and moderation set forth in the Terms and Conditions. They apply together with the Terms and Conditions, the Intellectual Property Rights/Advertising Policy, the Privacy and Data Protection Policy, and any other applicable policies. Where a matter is governed by a specialized policy or procedure, that document will also apply as appropriate.
1. Purpose and Scope of the Guidelines
These Guidelines apply to all Users who access, publish, upload, share, market, comment on, tag, describe or interact with content through the features made available by FUERA DEL MOLDE.
For purposes of these Guidelines, the term “Content” will have the meaning set forth in the Terms and Conditions. It also includes, to the extent uploaded, published, provided or used by a User through the Marketplace, designs, illustrations, photographs, images, text, titles, descriptions, tags, categories, profiles, comments, reviews, messages, videos, audio and any other digital materials or communication elements enabled by the platform.
Each User is responsible for the Content they publish, the information they provide and their conduct within the Marketplace. The fact that FUERA DEL MOLDE allows Content to be published or temporarily remain available does not mean that it approves, endorses or guarantees such Content.
FUERA DEL MOLDE may review Content when necessary to enforce these Guidelines, address a report, comply with legal obligations, protect Users, or preserve the integrity and security of the Marketplace.
2. Principles of Our Community
FUERA DEL MOLDE is a platform focused on creativity, customization, collaboration and the marketing of products and content. We expect Users to participate in good faith and respect the other people who are part of the community.
Participation in the Marketplace must observe, among others, the following principles:
• Respect: interactions between Users must be free from harassment, threats, intimidation, bullying or personal attacks.
• Creativity and authenticity: Users should ensure that the Content they publish is their own, authorized or otherwise lawfully used.
• Diversity: FUERA DEL MOLDE seeks to allow different forms of artistic, cultural and creative expression within the limits established by law and these Guidelines.
• Good faith: Marketplace features may not be used in a deceptive, fraudulent or manipulative manner, or in a way intended to harm other Users.
• Responsibility: each User must assess the Content they publish and the consequences that publication may have for third parties and the community.
The existence of differing opinions, critical content, satire, humor, cultural references or controversial artistic expression does not by itself constitute a violation. Where appropriate, FUERA DEL MOLDE will consider the context, the apparent purpose of the Content and the manner in which it is presented.
3. Prohibited Content
Users may not publish, offer, promote, tag or distribute through FUERA DEL MOLDE any Content that is unlawful or that, under these Guidelines, poses a significant risk to Users, third parties or the community.
In particular, Content may be removed or restricted if it:
• violates applicable law or promotes clearly unlawful activities;
• promotes, glorifies or incites hatred, discrimination, violence or vilification against persons or groups based on characteristics protected by law;
• contains credible threats, direct incitement to cause harm or explicit glorification of acts of serious violence;
• is pornographic, depicts explicit sexual acts or uses graphic sexual content in a manner incompatible with the Marketplace environment;
• promotes fraud, scams, impersonation, deceptive practices or deliberately false information where it may cause material harm;
• discloses personal or private information of third parties without authorization where doing so may affect their safety, privacy or rights;
• constitutes harassment, intimidation, bullying or targeted attacks against a specific person; or
• infringes intellectual property rights, image rights or other third-party rights, in accordance with FUERA DEL MOLDE’s applicable policies and procedures.
This list is not intended to describe every possible situation. FUERA DEL MOLDE may evaluate other content or conduct that, due to its characteristics, context or effects, is incompatible with the law, the Terms and Conditions or these Guidelines.
4. Sensitive Content and Contextual Assessment
Not all Content relating to sensitive topics is automatically prohibited. Certain works may address violence, sexuality, religion, social conflict, historical events, political criticism, discrimination, tragedy or other sensitive matters for artistic, educational, informational, documentary, satirical or social-commentary purposes.
When necessary, FUERA DEL MOLDE may consider the overall context of a publication, including the design, accompanying text, tags, the Product on which it is offered, the selected category and the way it may reasonably be interpreted by other Users.
Context does not make unlawful Content permissible, nor does it prevent FUERA DEL MOLDE from taking action where there is a material risk to the community. Likewise, mere controversy, discomfort or disagreement with a work does not by itself mean that the work must be removed.
5. Protection of Children and Adolescents
FUERA DEL MOLDE will apply particularly strict standards when Content involves, depicts, refers to or may reasonably be directed at children or adolescents.
Users may not publish or market Content that sexualizes minors, depicts child sexual exploitation or abuse, promotes sexual conduct involving minors, normalizes sexual relationships between adults and minors, or uses images, text or depictions of minors in clearly abusive, degrading or exploitative contexts.
It is also prohibited to use, in Products intended for children or related to minors, tags, titles, descriptions, images or messages that are explicitly sexual, pornographic, extremely violent or otherwise clearly inappropriate for that audience.
These protective rules apply regardless of whether the minor has an account on the Marketplace and also apply to Content incorporated into Products directed, offered or marketed to children. When FUERA DEL MOLDE identifies Content that may place minors at risk or may constitute a serious legal violation, it may remove the Content immediately, restrict the account involved, and take any additional measures required under applicable law and the Terms and Conditions.
6. Tags, Titles, Descriptions and Categories
Titles, descriptions, tags, keywords and categories form part of the Content published on FUERA DEL MOLDE and must bear a reasonable relationship to the design, Product, publication or information they accompany.
These elements help organize the Marketplace and enable other Users to find relevant content. For this reason, they may not be used deceptively, abusively or in a manner intended to artificially manipulate a publication’s visibility.
Among other practices, the following are prohibited:
• using tags, keywords or categories that have no reasonable relationship to the Content solely to attract visits or appear in unrelated searches;
• excessively repeating words, tags or phrases for the purpose of manipulating search results or creating artificial ranking;
• using the names of other artists, Users, brands, characters, companies or protected terms in a deceptive or irrelevant manner, or in a way that may infringe third-party rights;
• including false or deliberately inaccurate information regarding the author, origin, characteristics, purpose or nature of a design or Product;
• deliberately classifying a publication in an incorrect category to evade restrictions, controls or moderation criteria;
• using, in Products intended for children or adolescents, tags, titles or descriptions that are explicitly sexual, pornographic or clearly inappropriate for that audience; or
• using metadata, symbols, spelling variations or other methods primarily intended to evade moderation measures or previously imposed restrictions.
Repeated use of a word or tag does not by itself constitute a violation when it is reasonable in light of the characteristics of the Content. FUERA DEL MOLDE may consider the relevance, frequency, context and apparent purpose of metadata to determine whether abuse exists.
When a publication presents classification or tagging issues, FUERA DEL MOLDE may request correction, modify its category where necessary to organize the Marketplace, restrict its visibility, or remove the publication, depending on the nature of the case.
7. Conduct Within the Community
Users must interact with others respectfully when using profiles, comments, reviews, messages, reporting mechanisms and other interaction spaces enabled by FUERA DEL MOLDE.
These spaces may not be used to:
• harass, intimidate, bully or threaten another User or a third party;
• engage in persistent or targeted personal attacks whose primary purpose is to humiliate, pursue or silence another person;
• direct insults or discriminatory expressions at persons or groups based on characteristics protected by law;
• impersonate another person, company, artist, institution or User with intent to deceive;
• disclose personal data, private information or confidential material belonging to third parties without authorization where doing so may affect their rights or safety;
• promote coordinated harassment campaigns, false reports or attacks against other Users;
• use threats, blackmail, extortion or undue pressure to obtain money, Products, benefits, removal of Content or other advantages; or
• use interaction channels to send fraudulent content, malicious links, impersonation attempts or communications intended to improperly obtain credentials or personal information.
Criticism, negative opinions, disagreements and discussions between Users do not automatically constitute harassment. FUERA DEL MOLDE may assess the frequency, intensity, context, language used and apparent purpose of the conduct to determine whether a violation has occurred.
Reporting mechanisms must be used in good faith. Filing a report does not guarantee removal of the reported Content, and disagreement with a work, opinion or User does not by itself constitute a violation of these Guidelines.
8. Spam, Manipulation and Misuse of the Platform
FUERA DEL MOLDE may not be used in a manner that interferes with the normal operation of the Marketplace, artificially manipulates its content or metrics, deceives other Users, or enables circumvention of measures previously taken by the platform.
Potentially abusive practices include, among others:
• publishing identical or substantially repetitive Content in bulk primarily to occupy search results, categories or discovery spaces;
• sending repetitive, irrelevant or unsolicited comments, messages, reviews or promotions in a manner that may be considered spam;
• creating or using multiple accounts primarily to evade a suspension, restriction, Content removal or other measure imposed by FUERA DEL MOLDE;
• using fake accounts, deceptive identities or coordinated mechanisms to artificially alter ratings, interactions, popularity, ranking or other metrics;
• using bots, scripts, automation or unauthorized tools to publish, interact, extract information or perform actions contrary to the Terms and Conditions;
• introducing, transmitting or distributing malicious code, malware, viruses, phishing links or other elements intended to affect systems, accounts or devices; or
• using Marketplace features to carry out fraud, scams, deceptive promotions or schemes intended to obtain improper benefits.
Publishing variants, collections or related Products will not automatically be considered spam. FUERA DEL MOLDE may assess the volume, similarity, frequency, purpose and effect of publications before taking action.
9. Intellectual Property, Image Rights and Other Third-Party Rights
Users must respect copyrights, trademarks, designs, trade names, image rights and any other intellectual property or third-party rights applicable to the Content they publish or market.
Each User is responsible for ensuring that they have the rights, licenses, permissions or authorizations necessary to use and market the Content they publish on FUERA DEL MOLDE. Finding an image, design, photograph, logo, character, text or other material on the Internet does not mean it may be used freely.
Claims specifically relating to potential infringements of intellectual property or image rights will be handled in accordance with FUERA DEL MOLDE’s Intellectual Property Rights/Advertising Policy and the requirements, supporting materials and stages of its Notice and Takedown procedure. Use of the general reporting mechanism does not by itself replace those requirements when a claim concerns intellectual property or image rights.
Where applicable, a User whose Content has been removed due to an intellectual property claim may use the counter-notification procedure provided for in that Policy. These Guidelines do not replace or modify that specialized procedure.
FUERA DEL MOLDE may remove or restrict Content when it receives a claim that meets the applicable requirements, when ordered by a competent authority, or when, under its policies and applicable law, sufficient grounds exist to adopt a preventive or corrective measure.
10. How to Report Content or Conduct
If a User believes that Content or conduct within FUERA DEL MOLDE violates these Guidelines, they may report it through the reporting mechanisms available on the Marketplace, the “Contact Us” section of the Help Center, or by email at [email protected].
To facilitate review, the report should include, where applicable:
• the URL, link, design name, Product, profile or publication being reported;
• a clear description of the conduct or Content believed to violate these Guidelines;
• the category or reason for the report, when the mechanism used allows it to be selected;
• screenshots, photographs, messages or other supporting materials that help explain the context, when necessary; and
• the reporting party’s contact information when necessary to request clarification or communicate the outcome of the review.
FUERA DEL MOLDE may request additional information when the information provided does not reasonably identify the reported Content, conduct or circumstances.
Submitting a general report does not mean that Content will be removed automatically, except where the law or an applicable specialized procedure requires an immediate or preventive measure. In other cases, FUERA DEL MOLDE will review the available information and may consider the context, severity, risk to Users, prior history and other relevant circumstances before determining the appropriate measure.
When a report specifically concerns copyright, trademarks, image rights or other intellectual property rights, it must be handled under the Notice and Takedown procedure established in the Intellectual Property Rights/Advertising Policy. FUERA DEL MOLDE may identify the nature of the request and direct or channel it to the specialized procedure without requiring the reporting party to provide a technical legal classification. For a claim to produce the effects of the Notice and Takedown procedure, it must meet the requirements and include the supporting materials established in that Policy.
Reporting mechanisms must be used in good faith. Deliberately submitting false, manipulated or repetitive reports, or reports primarily intended to harass another User, may be considered misuse of the platform.
FUERA DEL MOLDE will process information provided in connection with a report in accordance with its Privacy and Data Protection Policy. The identity or information of the reporting party will not be disclosed to other Users unless there is a legal basis permitting or requiring such disclosure and it is necessary to process the applicable procedure, address a claim, protect rights or comply with an authority’s request. In particular, intellectual property claims may involve sharing information between the parties under the Intellectual Property Rights/Advertising Policy and applicable law. Any information disclosed will be limited to what is reasonably necessary for the relevant purpose.
11. Content Review and Applicable Measures
FUERA DEL MOLDE does not guarantee prior review of all Content published by Users. However, it may review publications, Products, profiles, messages or other interactions when it receives a report, detects possible violations, must comply with a legal obligation, or considers such review necessary to protect the security and integrity of the Marketplace.
Any measures taken will seek to be proportionate to the nature, severity, context, scope and recurrence of the violation. Depending on the case, FUERA DEL MOLDE may:
• request that the User correct, complete or modify titles, tags, categories, descriptions or other elements of a publication;
• temporarily or permanently limit the visibility of Content;
• remove or disable a design, publication, Product, comment, review, message or other Content;
• issue a warning or preventive communication to the User;
• temporarily limit certain account features;
• temporarily suspend an account;
• permanently terminate or deactivate an account when warranted by the severity or recurrence of the conduct; or
• take any other reasonable measures provided for in the Terms and Conditions or required by applicable law.
When reasonably possible and where there is no security risk, fraud, destruction of evidence, harm to third parties, legal prohibition or other circumstance requiring immediate action, FUERA DEL MOLDE may inform the affected User of the measure taken and its general basis. FUERA DEL MOLDE may act without prior notice where there is a possible serious legal violation, a threat to the security of Users or the Marketplace, an order from a competent authority, or a circumstance requiring urgent preventive action.
Applying a measure to specific Content does not necessarily imply suspension of the entire account. Likewise, the absence of action regarding a specific publication does not mean that FUERA DEL MOLDE has determined that the Content definitively complies with all laws, third-party rights or applicable policies.
When necessary to comply with a legal obligation, protect rights, prevent fraud, investigate incidents, resolve disputes or cooperate with competent authorities, FUERA DEL MOLDE may retain, on a restricted basis, records and supporting materials that are necessary, relevant and proportionate even after Content has been removed, for the periods permitted by the Privacy and Data Protection Policy and applicable law.
12. Repeated Violations and Circumvention of Measures
FUERA DEL MOLDE may consider repeated violations when determining measures applicable to a User. Repeated conduct contrary to these Guidelines, especially after prior warnings, restrictions or removals, may result in progressively stricter measures.
Repeated violation may be found, among other situations, where a User:
• republishes Content that was removed for the same reason without correcting the violation that led to the measure;
• repeatedly publishes substantially similar Content that commits the same violation;
• accumulates multiple violations of these Guidelines or other FUERA DEL MOLDE policies;
• uses additional accounts, third-party profiles or other mechanisms primarily to evade a previously imposed suspension, restriction or removal; or
• continues prohibited conduct after having been reasonably informed that the conduct must cease.
Recurrence will not be the sole decision criterion. A single violation may justify a severe measure where, by its nature, it is particularly serious, unlawful or fraudulent, places minors at risk, involves credible threats, compromises platform security, or may cause significant harm to third parties.
Creating or using another account to evade an existing measure may be considered an additional violation. Where objective evidence reasonably establishes that several accounts are under the control of the same User and are being used to evade a measure, FUERA DEL MOLDE may impose proportionate restrictions on the accounts involved, in accordance with the Terms and Conditions and applicable law.
13. Request for Review of a Measure
When a User believes that a moderation measure was applied in error or that relevant information was not considered, they may request review through the “Contact Us” section of the Help Center or by writing to [email protected].
The request must reasonably identify the account, Content or measure for which review is sought and explain why the User believes the decision should be modified. Relevant documents, authorizations, screenshots, links or other supporting materials may be attached.
FUERA DEL MOLDE may review the available information again, including the publication context, account history and submitted supporting materials. As a result of the review, it may maintain, modify or lift the measure taken.
Submitting a request for review does not automatically suspend a preventive measure or require restoration of Content while the case is being assessed. Nor does it guarantee that the initial decision will be modified.
Disputes specifically related to intellectual property will be governed by the Intellectual Property Rights/Advertising Policy. Where applicable, the relevant mechanism will be the counter-notification procedure provided for in that Policy rather than the general review request established in this section.
14. Relationship with Other Policies and Final Provisions
These Guidelines form part of the rules governing use of FUERA DEL MOLDE and must be interpreted together with the Terms and Conditions, the Intellectual Property Rights/Advertising Policy, the Privacy and Data Protection Policy, and any other policies, rules or specific conditions applicable to a Service, Product, promotion or feature.
Where a matter is governed by a specific policy, condition or procedure, as occurs with intellectual property claims, privacy, exchanges and returns, or other specialized matters, that document will apply specifically to that matter. In the event of a conflict, the specialized policy, condition or procedure will prevail only with respect to the specific matter it governs, without prejudice to non-waivable rights recognized by law or measures that may apply under these Guidelines.
FUERA DEL MOLDE may update these Guidelines in response to legal, regulatory, technological, operational or security changes, or changes related to the evolution of the community and the Marketplace. Where an amendment is material to Users’ rights or obligations, FUERA DEL MOLDE will seek to communicate it through the Marketplace, Help Center, registered email address or another reasonable channel before it takes effect, unless a rule, authority order or urgent security situation requires immediate application.
The current version of these Guidelines will be the version published through FUERA DEL MOLDE’s official channels. No provision of this document may be interpreted as authorization to engage in conduct prohibited by law or as a limitation on rights that are mandatory or non-waivable.
Questions or requests relating to these Guidelines may be submitted through the “Contact Us” section of the Help Center or by email to [email protected].