FUERA DEL MOLDE INTELLECTUAL PROPERTY AND IMAGE RIGHTS POLICY
At FUERA DEL MOLDE, we recognize that creativity, design and respect for creators’ rights are essential elements of our community. For this reason, we expect all Users to respect intellectual property rights, image rights and other third-party rights when using the Marketplace.
Users who upload, publish, market or use Content through FUERA DEL MOLDE must ensure that they have the rights, licenses, permissions or authorizations necessary to do so. The fact that an image, design, photograph, illustration, text, logo, character or other material can be found on the Internet or is easily accessible does not mean that it may be freely used, modified or commercialized.
This Policy establishes the rules applicable to the use and protection of intellectual property rights and image rights within FUERA DEL MOLDE, as well as the mechanisms through which rights holders may submit claims relating to Content, Products or publications available on the Marketplace.
This Policy applies together with the Terms and Conditions, the Content and Community Guidelines, the Privacy and Personal Data Processing Policy, and any other applicable policies, conditions or agreements.
1. Purpose and Scope of the Policy
The purpose of this Policy is to promote respect for intellectual property rights, image rights and other rights related to Content used, published or commercialized through FUERA DEL MOLDE, and to establish the rules and procedures applicable where there may be an infringement of such rights.
The Policy applies to all Users who access or use the Marketplace and, in particular, to those who create, upload, publish, reproduce, modify, customize, promote, license, market or incorporate Content into Products or Services offered through FUERA DEL MOLDE.
For purposes of this Policy, the term “Content” will have the meaning set forth in the Terms and Conditions and includes, as applicable, designs, illustrations, photographs, images, graphic works, texts, digital files, videos, audio, trademarks, logos and any other materials uploaded, published, provided or used by a User through the Marketplace.
The rules of this Policy apply both to Content published directly by a User and to Content provided to customize, manufacture, print, promote or market a Product.
The availability of tools that allow Content to be uploaded, edited, customized, published or commercialized does not mean that FUERA DEL MOLDE has previously verified ownership, legality or authorization. Each User remains responsible for ensuring that their use of the Content is legally permissible.
2. Legal Framework and Relationship with Other Policies
This Policy will be interpreted in accordance with Colombian law and with any Andean Community and international rules applicable in Colombia in matters of intellectual property and image rights.
With respect to copyright and related rights, applicable rules include, among others, Law 23 of 1982, its amendments and supplementary provisions, including Law 1915 of 2018, Andean Decision 351 of 1993, and any other rules that amend, add to, supplement or replace them.
With respect to industrial property, Andean Community Decision 486 of 2000 and any other national or Andean Community provisions governing trademarks, industrial designs, trade names, commercial slogans and other industrial property rights will apply.
Rights relating to a person’s image and other attributes of personality will be protected in accordance with the Political Constitution of Colombia, applicable law, and the criteria developed by the competent authorities and courts.
This Policy further develops the provisions on intellectual property and third-party rights set forth in the Terms and Conditions and the Content and Community Guidelines.
Where a claim specifically concerns intellectual property rights or image rights, the specialized procedure established in this Policy will apply. Where the Content also involves potential violations relating to community conduct, safety, fraud, privacy or other matters, FUERA DEL MOLDE’s other policies may apply simultaneously.
In the event of a conflict, this Policy will prevail only with respect to the specific intellectual property and image-rights matters it governs, without prejudice to mandatory rules and rights that are mandatory or non-waivable.
3. Protected Rights
Intellectual property encompasses different categories of rights. The nature and scope of protection will depend on the type of Content, the right involved and the law applicable in each case.
3.1. Copyright and Related Rights
Copyright protects literary, artistic and scientific works and other creations protected by applicable law. Within the FUERA DEL MOLDE environment, such works may include, among others, illustrations, graphic designs, photographs, paintings, drawings, texts, compositions, videos, audiovisual works and other creative expressions.
Authors and other rights holders may hold economic rights that allow them to authorize or prohibit certain uses of their works, such as reproduction, distribution, communication to the public, transformation or other forms of exploitation provided for by law.
Authors also retain the moral rights recognized by applicable law.
Copyright protection arises under the terms established by law and does not depend on registration of the work. For this reason, the absence of a registration certificate does not by itself mean that a work may be used freely.
3.2. Industrial Property
Industrial property protects different categories of assets used in business and commercial activities, including trademarks and other distinctive signs, trade names, commercial slogans, industrial designs and other rights recognized by applicable law.
Use of a trademark, logo, trade name, industrial design or other protected element within a design, Product, title, description, tag or publication may require authorization from its rights holder.
Incorporating these elements into a new work, modifying them, graphically adapting them or combining them with other elements does not by itself mean that they may be used or commercialized without authorization.
3.3. Image Rights and Other Attributes of Personality
A person’s image and other attributes associated with their identity may be protected by law and by fundamental rights recognized in Colombia.
When a User uses the image, photograph, portrait, voice or other elements that identify or represent another person, the User must ensure that they have authorization or another legal basis permitting the relevant use, particularly where the Content is to be published, commercialized, incorporated into Products or used for promotional or advertising purposes.
Authorization to use a person’s image must respect the scope, purpose, duration and other conditions under which it was granted. Authorization for a particular use does not necessarily mean that the image may be used for any other purpose.
3.4. Concurrent Rights
The same Content may be protected simultaneously by different rights.
For example, an illustration may be protected by copyright while also incorporating a trademark, depicting a protected character or using a person’s image. Having authorization for one of these elements does not necessarily mean that the necessary rights have been obtained for the others.
Each User must assess the different rights that may apply to the Content they intend to use or commercialize.
4. Ownership, Authorizations and Responsibility for Content
4.1. Ownership of Content
The User retains ownership of the rights they lawfully hold in the Content they upload or publish on FUERA DEL MOLDE, unless they have entered into a specific assignment, license or transfer agreement providing otherwise.
Publishing Content on the Marketplace does not by itself transfer ownership of the User’s rights to FUERA DEL MOLDE.
When a User uses Content belonging wholly or partly to another person, the User must have the rights, licenses, permissions or authorizations necessary for the intended use.
4.2. User Responsibility
Each User is responsible for ensuring that the Content they upload, publish, commercialize or provide through FUERA DEL MOLDE may lawfully be used for the relevant purpose.
By using Content within the Marketplace, the User represents that they have the rights or authorizations necessary for the activities they actually carry out or request, including, as applicable, publication, reproduction, technical adaptation, printing, customization, manufacturing, promotion, distribution and commercialization.
When acting on behalf of a rights holder, the User must be duly authorized to do so.
FUERA DEL MOLDE may request documents, authorizations, licenses or other supporting materials reasonably necessary to verify the information provided where there is a claim, a potential infringement, a licensing transaction or another circumstance that reasonably justifies such verification.
The technical ability to publish Content, its temporary availability on the Marketplace, the completion of a prior sale or the absence of previous claims does not constitute certification or a guarantee by FUERA DEL MOLDE regarding ownership, authorization or legality.
4.3. License Required to Provide FUERA DEL MOLDE Services
By uploading, publishing or enabling Content for use or commercialization through FUERA DEL MOLDE, the User grants FUERA DEL MOLDE a non-exclusive, worldwide, royalty-free license, limited to the activities reasonably necessary to provide the requested Services and operate the Marketplace features.
This license may include, as applicable, hosting and storing the Content; making technical reproductions; adapting files to required formats or dimensions; displaying the Content and associated publications; promoting active publications within the Marketplace; incorporating the Content into authorized Products; manufacturing or coordinating the manufacture, printing or customization of such Products; processing Orders; and carrying out any other activities necessary to complete the transactions and Services requested by the User.
This license does not transfer ownership of the Content to FUERA DEL MOLDE or authorize uses outside the purposes for which it was granted.
The license will remain in effect while the Content is published or for as long as reasonably necessary to fulfill confirmed Orders, manage deliveries, warranties, returns, claims or legal obligations, or retain reasonably necessary backups and evidence of completed transactions.
When Content is withdrawn or deleted, it will not be used to generate new commercial transactions unless an independent license, specific agreement or licensing program remains in effect.
Use of Content in external advertising campaigns, social media, institutional materials or other media beyond the ordinary promotion of an active publication will be subject to the applicable authorizations and specific conditions.
4.4. Third-Party Content
Giving credit to the author or rights holder, finding Content on the Internet, purchasing a physical copy, downloading a file, partially modifying a work, changing its colors, adding text, combining it with other elements, or stating that there is no intent to infringe rights does not by itself grant authorization to use Content or protected elements belonging to third parties.
When a work, trademark, photograph, character, logo, design, image or other element belongs to a third party, the User must determine whether they have a license, authorization, legal exception or other sufficient legal basis for the specific intended use.
If there is any doubt regarding the existence or scope of the User’s rights, the User must refrain from commercializing the Content until the necessary authorization has been obtained or it has been determined that the use is legally permitted.
4.5. Responsibility for Infringements Committed by Users
Each User is responsible for the Content they upload, publish, provide, use or commercialize through FUERA DEL MOLDE and for having the rights, licenses, permissions and authorizations necessary for such uses.
Accordingly, the User will be responsible to the respective rights holders and third parties for infringements of copyright, related rights, trademarks, industrial designs, trade names, image rights or other rights arising from Content, materials, files, instructions or elements provided, selected, uploaded or used by that User without the necessary authorization or legal basis.
FUERA DEL MOLDE does not become the owner, licensor or guarantor of rights in Content published or provided by Users merely by allowing its upload, storage, display, customization, printing, manufacture, commercialization or use through Marketplace features.
For this reason, FUERA DEL MOLDE will not be responsible for infringements of intellectual property, image rights or other third-party rights attributable to Content or instructions provided by a User and arising from the absence of rights, licenses, permissions or authorizations that the User was required to obtain.
This includes, among other cases, the unauthorized use of works, illustrations, photographs, designs, texts, trademarks, logos, trade names, characters, images, portraits, names, voices or other elements belonging to or associated with individuals or legal entities, artists, authors, designers, companies, brands or other rights holders.
The fact that FUERA DEL MOLDE has technically allowed a file to be uploaded, that Content has remained published, that it has been incorporated into a Product, that one or more Orders have been processed, or that no prior claim has been made does not constitute a representation, certification or guarantee by FUERA DEL MOLDE regarding ownership, authorization or legality of the Content.
When FUERA DEL MOLDE receives a claim, reasonably identifies a potential infringement, or is required to act by a competent authority, it may remove, disable, restrict or suspend the Content, Product or publication involved and take any other measures provided for in this Policy, the Terms and Conditions and the Content and Community Guidelines.
The User must bear the legal and contractual consequences applicable to infringements attributable to their conduct and, where applicable, be liable to FUERA DEL MOLDE for claims, costs or damages arising directly from the User’s breach of representations, warranties or obligations, in accordance with the Terms and Conditions.
The foregoing does not exclude or limit any liabilities imposed by law directly on FUERA DEL MOLDE as a result of its own acts, omissions or the role it actually performs in a transaction.
5. FUERA DEL MOLDE Intellectual Property
Rights in the Marketplace and in elements created, developed or acquired by Grupo Tecnológico CATO S.A.S., or lawfully used by FUERA DEL MOLDE, belong to their respective rights holders and are protected by applicable law.
This may include, as applicable, the FUERA DEL MOLDE® trademark, its logos, trade names, graphic elements, photographs, texts, institutional content, designs, interfaces, protectable databases, software, code, features, documentation, promotional materials and other creative or technological assets used in the operation of the Marketplace.
Access to the Marketplace or use of its features does not transfer intellectual property rights in these elements to the User or grant any license other than the license necessary to use the Services in accordance with the Terms and Conditions.
5.1. Use of FUERA DEL MOLDE Signs and Materials
Users may use the name FUERA DEL MOLDE where necessary to refer truthfully to the platform, their account, an existing commercial relationship or the Services they actually use, provided that such use is in good faith, does not cause confusion and does not falsely suggest sponsorship, authorization, certification, representation or an affiliation other than the one that actually exists.
Use of FUERA DEL MOLDE logos, graphic materials, photographs, institutional materials, interfaces or other protected assets for commercial, advertising, promotional or independent exploitation purposes will require the applicable authorization where necessary, except for uses expressly enabled by the Marketplace or permitted by applicable law.
Users may not register, use or attempt to appropriate signs, names, domains, profiles, identifiers or elements that reproduce or imitate FUERA DEL MOLDE’s distinctive signs in a manner likely to cause confusion, nor present products, services or communications in a way that may falsely suggest endorsement, authorization or affiliation by FUERA DEL MOLDE.
6. Limitations, Exceptions and Legally Permitted Uses
The law may permit certain uses of works or other protected elements without prior authorization from the rights holder. The existence, scope and requirements of these limitations, exceptions or other permitted uses will depend on the right involved, applicable law and the specific circumstances of each case.
In Colombia, limitations and exceptions to copyright are established by law and must be interpreted in accordance with the conditions applicable to each case. Uses that may be legally permitted under certain conditions include, for example, quotation and certain transformations made for purposes of parody or caricature. This reference is illustrative only and is not intended to provide an exhaustive statement of the exceptions established by law.
The expression “fair use,” used in certain foreign legal systems, does not by itself constitute a general authorization to use protected Content within FUERA DEL MOLDE. The fact that a use may be considered permitted in another country also does not necessarily mean that it may lawfully be commercialized in Colombia or any other territory.
Modifying, transforming, reinterpreting or partially incorporating another person’s work likewise does not automatically make the resulting Content free of third-party rights. Similarly, the artistic, humorous, critical, educational, informational or non-profit nature of a use does not by itself mean that the use is legally authorized.
A User who seeks to rely on an exception, limitation, statutory license or other legal basis for the use of third-party Content is responsible for verifying that the requirements applicable to the specific case are met. FUERA DEL MOLDE may request information or supporting materials reasonably necessary to understand that position when evaluating a publication or processing a claim.
FUERA DEL MOLDE does not provide individual legal advice to Users and does not guarantee that a particular use falls within an exception or permitted use. Where reasonable doubt exists, the User must obtain the applicable authorization or seek independent professional advice before publishing or commercializing the Content.
7. Trademarks, Characters, Fan Art and Third-Party References
Designs and Products that incorporate trademarks, logos, trade names, characters, titles, recognizable visual elements, photographs, names, images or other elements associated with third parties may involve one or more protected rights.
Creating fan art, inspired art, tributes, reinterpretations, mashups, adaptations or derivative designs does not by itself mean that their publication or commercialization is authorized. Adding original creativity or modifying certain elements likewise does not automatically eliminate rights held by the owners of the material used.
Expressions such as “inspired by,” “fan art,” “tribute,” “unofficial,” “not affiliated,” or their equivalents do not replace any licenses, permissions or authorizations that are legally required and do not by themselves prevent a finding of infringement, confusion, improper association or unauthorized exploitation of third-party rights.
Use of a trademark or reference to a third party for strictly informational, descriptive or identification purposes may be permitted in certain cases when made in good faith, not used as the User’s own trademark, and not likely to mislead the public regarding origin, sponsorship, authorization or business relationship. Whether such use is permissible must be assessed in light of the specific circumstances and applicable law.
Trademarks, names of artists, companies, characters or other protected terms may not be used in titles, tags, descriptions, keywords or categories in a deceptive or irrelevant manner, or primarily to attract traffic to a publication that is not legitimately related to those terms.
Where a design depicts or uses a person’s image, name, voice, portrait or other attributes, the User must also comply with the rules on image rights and other personality rights set forth in this Policy.
8. Licensing Programs and Brand Collaborations
FUERA DEL MOLDE may enter into agreements with rights holders, brands, artists, studios, organizations or other licensors to establish special licensing programs, collaborations, official collections or initiatives that allow certain Users to create or commercialize Content under predefined conditions.
Participation in these programs will be voluntary and may be subject to additional terms relating, among other matters, to authorized rights, Product categories, territories, duration, sales channels, approval processes, creative guidelines, trademark use, royalties, compensation, restrictions, attribution obligations and withdrawal conditions.
An authorization granted under a program will be limited to the Content, Products, uses, territories, periods and other conditions expressly covered by that program. Approval of a design or participation in a collaboration does not grant the User general rights in the licensor’s trademark, work, character, image or other assets, nor authorize their use outside the established conditions.
Users may not sublicense, transfer or extend to third parties rights received through a licensing program unless the applicable terms expressly authorize it.
When a program, license or collaboration ends, is modified or ceases to authorize certain Content, FUERA DEL MOLDE may remove or restrict affected publications, prevent new commercial transactions, and take the measures necessary to comply with the licensor’s conditions and applicable law. Confirmed Orders and other outstanding obligations will be handled in accordance with the terms applicable to the program, license or collaboration, the Terms and Conditions, and applicable law.
If there is a conflict between this Policy and the specific terms of a licensing program or collaboration, the specific terms will prevail only with respect to the Content and activities covered by that program, without affecting mandatory rules or rights that cannot be waived.
9. Notice and Takedown Procedure
FUERA DEL MOLDE respects third-party intellectual property rights and image rights and makes available to rights holders a specialized procedure for reporting potential infringements relating to Content or Products available on the Marketplace.
For purposes of this Policy, the terms “Notice and Takedown” and “Counter-Notification” describe FUERA DEL MOLDE’s internal mechanisms for handling claims and review requests. Their use does not by itself imply the application of any specific foreign legal regime, nor does it replace any administrative, judicial, arbitral, conciliation or extrajudicial proceedings that may be available under applicable law.
FUERA DEL MOLDE may also act when it directly identifies a potential infringement, receives sufficient information through other means, or must comply with an order or request from a competent authority, even where no formal Notice and Takedown claim has been submitted.
9.1. Who May Submit a Claim
A Notice and Takedown claim must be submitted by the holder of the allegedly affected right, by a person duly authorized to act on that holder’s behalf or, in the case of image rights or other personality rights, by the affected person or someone legally authorized to represent them.
Users or third parties who are neither rights holders nor representatives may use the general reporting mechanisms to inform FUERA DEL MOLDE about Content they consider potentially infringing. Such reports may lead to an internal review, but they do not replace the requirements of a formal claim where ownership, representation or standing must be established.
9.2. Channels for Submitting a Notice and Takedown Claim
The claim may be submitted through the reporting mechanism available on the publication, design or Product when that feature is enabled, through the “Contact Us” section of the Help Center, or by email to [email protected]. When email is used, the recommended subject line is “Intellectual Property – Takedown Request.”
FUERA DEL MOLDE may make forms or other specific channels available to facilitate the submission and tracking of these claims.
9.3. Information Required for a Claim
For FUERA DEL MOLDE to reasonably identify and assess a claim, the Notice and Takedown claim must include, as applicable:
• the claimant’s full name or legal entity name and a valid means of contact;
• identification of the capacity in which the claimant is acting, indicating whether they are the rights holder, representative, attorney-in-fact, authorized licensee or another person with legal standing;
• when acting on behalf of a third party, information or supporting documentation reasonably sufficient to establish representation or authorization to submit the claim;
• clear identification of the right believed to be affected and, where relevant, of the work, trademark, design, image, name, photograph, character or other protected element;
• documents, links, registrations, contracts, licenses, original publications or other reasonably available supporting materials that help demonstrate the existence of the right or the claimant’s standing. The absence of a copyright registration will not by itself prevent submission of a claim where such registration is not constitutive of the right;
• specific identification of the allegedly infringing Content within FUERA DEL MOLDE, including the URL, link, design name, Product, profile or any other information that reasonably allows it to be located;
• a sufficiently clear explanation of the reasons why the claimant believes the challenged use infringes their rights;
• a good-faith statement that, based on the information reasonably available to the claimant, the challenged use has not been authorized by the rights holder, their representative or any other applicable legal basis;
• a statement that the information provided is true and accurate to the best of the claimant’s knowledge and belief and that the claimant has legal standing to submit the request; and
• a physical signature, electronic signature or equivalent mechanism that reasonably associates the claim with the person submitting it.
FUERA DEL MOLDE may request additional information where reasonably necessary to identify the right, verify the claimant’s standing, locate the Content or understand the potential infringement.
9.4. Incomplete or Unverifiable Claims
When a claim does not contain sufficient information, FUERA DEL MOLDE may ask the claimant to complete or clarify it before making a final decision.
The absence of certain information will not prevent FUERA DEL MOLDE from taking a preventive measure where there are reasonable indications of a serious infringement, a significant risk to third parties, possible fraudulent conduct, an authority order or any other circumstance justifying immediate action.
If the claimant does not provide the reasonably requested additional information and the available information does not allow the review to continue, FUERA DEL MOLDE may close the claim without prejudice to its being resubmitted with the appropriate supporting materials.
10. Review of the Claim and Applicable Measures
FUERA DEL MOLDE will review the available information to determine whether there are reasonable grounds justifying a measure within the Marketplace. This review is administrative and contractual in nature and does not constitute a judicial determination regarding ownership, validity, scope or definitive infringement of a right.
FUERA DEL MOLDE is not required to resolve complex intellectual property disputes between private parties or determine matters requiring an evidentiary assessment properly belonging to a competent authority. Where the dispute cannot reasonably be resolved based on the available information, the parties may pursue the applicable legal remedies.
10.1. Preventive and Corrective Measures
Depending on the nature of the claim, the quality of the information provided, the apparent seriousness of the potential infringement, the risk of harm and other relevant circumstances, FUERA DEL MOLDE may, among other measures:
• request additional information or documents from the claimant or affected User;
• temporarily limit the visibility, availability or commercialization of the Content or Product;
• suspend new sales or the manufacture of Products associated with the Content while the claim is under review;
• remove or disable the Content, design, Product, publication, tag, description or other element involved;
• temporarily prevent the Content from being edited, republished or used to generate new Products;
• issue a warning to the User;
• apply measures to the account where warranted by the nature, severity or recurrence of the conduct; or
• take any other measures provided for in the Terms and Conditions, the Content and Community Guidelines, this Policy or applicable law.
FUERA DEL MOLDE may take a measure without prior notice where reasonably necessary to prevent harm, comply with a legal obligation, preserve evidence, comply with an authority order, prevent further potentially infringing commercial transactions or protect third-party rights.
10.2. Scope of a Takedown Measure
Removal, restriction or disabling of Content as a result of a claim does not by itself constitute a statement by FUERA DEL MOLDE that the User has definitively infringed a right, nor does it mean that FUERA DEL MOLDE definitively recognizes the claimant’s ownership or claims.
Likewise, a decision not to remove Content immediately does not mean that FUERA DEL MOLDE has certified its legality, authorized its use or determined that no infringement exists.
Measures taken by FUERA DEL MOLDE are intended to reasonably manage risk within the Marketplace, comply with its obligations and enforce its policies, without replacing the authority of administrative or judicial bodies.
10.3. Notice to the Affected User
Where reasonably possible, and where there is no legal obligation or risk of fraud, security concerns, destruction of evidence, additional harm, or other circumstance justifying confidentiality or immediate action, FUERA DEL MOLDE may inform the User whose Content has been restricted or removed about the existence of the claim and the general basis for the measure.
The communication may include information reasonably necessary for the User to understand the claim and use the Counter-Notification procedure set forth in this Policy. Personal information will be processed and disclosed in accordance with the Privacy and Personal Data Processing Policy and applicable law.
11. Counter-Notification and Reinstatement Request Procedure
When a User believes that their Content was removed or restricted in error, due to incorrect identification, because they have sufficient authorization, or because another legal basis permits its use, they may submit a Counter-Notification and request that FUERA DEL MOLDE review the measure.
A Counter-Notification is an internal review mechanism and does not automatically require FUERA DEL MOLDE to reinstate the Content, nor does it constitute a definitive determination regarding the parties’ rights.
11.1. Information Required for a Counter-Notification
The request must include, as applicable:
• the name, account identification and contact information of the User requesting review;
• identification of the Content, Product or publication that was removed or restricted;
• a clear explanation of why the User believes the measure was taken in error or why use of the Content is authorized or legally permitted;
• where relevant, licenses, authorizations, contracts, registrations, original files, evidence of authorship, communications with the rights holder or other supporting materials relating to the asserted rights;
• a good-faith statement that the information provided is true and accurate to the best of the User’s knowledge and belief; and
• a physical signature, electronic signature or equivalent mechanism that reasonably associates the request with the User.
FUERA DEL MOLDE may request additional information where necessary to reasonably evaluate the request.
11.2. Sharing Information Between the Parties
Where necessary to process the claim or Counter-Notification, FUERA DEL MOLDE may disclose to the claimant or affected User the information strictly necessary to understand the other party’s position, verify authorizations, request clarification, attempt to resolve the dispute, or allow rights to be exercised or defended.
Information will be disclosed in accordance with the Privacy and Personal Data Processing Policy and applicable law. FUERA DEL MOLDE may omit or limit data that is not necessary for the purpose of the procedure or whose disclosure may affect rights, security, confidentiality or legal obligations.
11.3. Reinstatement Decision
When evaluating a Counter-Notification, FUERA DEL MOLDE may maintain the measure, modify it, or fully or partially reinstate the Content where it considers that reasonable grounds exist to do so.
FUERA DEL MOLDE may keep Content removed or restricted, among other circumstances, where the claimant provides sufficient additional information, there is an order or action by a competent authority, the commencement of proceedings intended to prevent the challenged use is reasonably demonstrated, material doubts remain regarding the legitimacy of the use, the Content violates other policies, or reinstatement may create a significant risk to third parties.
Any reinstatement of Content does not constitute a statement that the User owns all relevant rights, nor does it prevent FUERA DEL MOLDE from taking further measures if it receives new information, a properly supported claim or an order from a competent authority.
12. Good Faith and Abusive Claims
Notices and Takedowns, Counter-Notifications and other communications relating to intellectual property must be submitted in good faith.
These mechanisms may not be used to harass other Users, improperly remove legitimate Content, obstruct competition, appropriate works or rights belonging to others, exert undue pressure, or submit information that the sender knows is false, manipulated or materially misleading.
FUERA DEL MOLDE may reject, close or limit the processing of claims that are clearly abusive, repetitive, inconsistent or lacking minimum sufficient information. It may also take measures regarding accounts that deliberately use these procedures fraudulently or abusively.
Submitting false information or abusing the procedure may result in the applicable legal or contractual consequences for the person responsible.
13. Repeated Infringements and Circumvention of Measures
FUERA DEL MOLDE may consider recurrence, severity, apparent intent and a User’s prior history when determining measures applicable to intellectual property or image-rights infringements.
Relevant factors may include, among others, the existence of multiple sufficiently supported claims; repetition of similar conduct after prior warnings or removals; republication of removed Content without a change in the circumstances that justified the measure; use of additional or third-party accounts to evade restrictions; and deliberate commercialization of Content regarding which the User has been reasonably informed of a potential infringement.
The existence of multiple claims will not automatically establish repeated infringement. FUERA DEL MOLDE may consider whether the claims concern the same event, were withdrawn, were clearly unfounded, whether the Content was reinstated after review, or whether other circumstances make it inappropriate to treat them as separate adverse history.
Depending on the severity and recurrence of the conduct, FUERA DEL MOLDE may issue warnings, restrict features, prevent new publications or sales, temporarily suspend the account or permanently terminate it, in accordance with the Terms and Conditions and the Content and Community Guidelines.
A single infringement may justify severe measures where it is particularly serious, deliberate or fraudulent, involves significant commercial exploitation of third-party rights, persists after a clear warning, involves impersonation or false documentation, or may cause material harm to rights holders or third parties.
14. Effects on Products, Orders and Associated Revenue
When Content is removed, restricted or placed under review for a potential infringement, FUERA DEL MOLDE may prevent new publications, sales, printing, manufacturing processes or other forms of commercialization related to that Content while the applicable measure is being determined.
For confirmed Orders, FUERA DEL MOLDE may evaluate their production status, the nature of the claim, obligations to the Buyer, instructions from the Users involved and applicable law to determine whether the Order should proceed, be suspended, canceled, replaced or refunded.
The existence of a claim does not automatically authorize FUERA DEL MOLDE to appropriate revenue, royalties or amounts belonging to a User. However, where permitted by the Terms and Conditions, an applicable agreement or the law, FUERA DEL MOLDE may temporarily hold, adjust, offset or refrain from distributing amounts directly associated with disputed transactions, to the extent reasonably necessary to manage returns, refunds, chargebacks, claims or outstanding liabilities.
Decisions regarding Orders and revenue will be made according to the role FUERA DEL MOLDE performs in the specific transaction, the applicable contractual obligations, and the rights of Buyers and other parties involved.
15. Retention of Records and Evidence
FUERA DEL MOLDE may retain, on a restricted basis, records, communications, files, versions of Content, evidence of ownership or authorization, claims, Counter-Notifications, internal decisions, transaction data and other information reasonably necessary to process a dispute, document actions taken, prevent fraud, comply with legal obligations, or exercise and defend rights.
Data messages, electronic documents and other records may be retained using technical means that allow subsequent consultation, reasonably preserve their integrity and, where applicable, maintain sufficient information regarding origin, destination, date or time.
Where records include personal data, their retention will be subject to the Privacy and Personal Data Processing Policy, the purpose justifying the processing, and any legally required or reasonably necessary retention periods for that purpose.
Removal of Content from the Marketplace does not necessarily require the immediate deletion of all records related to that Content where their retention is necessary for any of the purposes described in this section.
16. Competent Authorities and External Proceedings
This Policy governs FUERA DEL MOLDE’s internal procedure and does not limit the right of rights holders, Users or other parties with legal standing to seek relief before competent administrative or judicial authorities, through conciliation, arbitration or other proceedings available under applicable law.
FUERA DEL MOLDE may comply with orders, requests, interim measures, information requests or other actions issued by competent authorities within the scope of their legal powers.
Where FUERA DEL MOLDE has verifiable knowledge of a decision, measure or order applicable to the Content or the parties involved, it may take the actions necessary to comply, including suspension, removal, blocking, preservation of evidence or disclosure of information as permitted or required by law.
The existence of an internal Notice and Takedown procedure does not suspend or replace any deadlines, burdens, actions or remedies that may exist before a competent authority.
17. Liability and Indemnification
Liability for infringement of intellectual property, image rights or other third-party rights will rest with the person to whom it is legally attributable based on their conduct, the Content provided, the role they performed and applicable law.
Where a claim, cost, damage, penalty, expense or liability incurred by FUERA DEL MOLDE arises directly from a User’s attributable breach of representations, warranties or obligations assumed in relation to their Content, that User will be responsible in accordance with the terms and within the limits established by the Terms and Conditions and applicable law.
Where legally applicable, the foregoing may include the obligation to reasonably cooperate with FUERA DEL MOLDE in handling the claim, provide relevant information or supporting materials, and bear any costs or consequences legally or contractually attributable to the User.
No provision of this Policy is intended to exclude, transfer or limit liabilities that mandatory law imposes directly on FUERA DEL MOLDE for its own acts, omissions or the role it actually performs in a transaction.
18. Processing of Personal Data Within the Procedure
Personal data received in connection with a Notice and Takedown, Counter-Notification, review request or communication relating to this Policy will be processed in accordance with the Privacy and Personal Data Processing Policy and applicable law.
FUERA DEL MOLDE will seek to limit the collection, use, retention and disclosure of personal data to information reasonably necessary to identify the parties, verify standing, process the claim, exercise or defend rights, prevent fraud, comply with legal obligations or respond to authority requests.
Where it is necessary to disclose personal data between the claimant and the affected User, FUERA DEL MOLDE may limit, omit or protect data that is not relevant to the procedure or whose disclosure may create risks relating to security, privacy, fraud, harassment or legal noncompliance.
Submitting a claim does not mean that all information provided will be disclosed to the other party.
19. Updates, Effective Date and Contact
FUERA DEL MOLDE may update this Policy in response to legal, regulatory, case-law, technological or operational changes, or changes related to the evolution of the Marketplace and its licensing programs.
Where an amendment is material to Users’ rights or obligations, FUERA DEL MOLDE will seek to communicate it through the Marketplace, the Help Center, the registered email address or another reasonable channel before it takes effect, unless a rule, authority order or urgent situation requires immediate application.
This Policy will take effect upon its official publication by FUERA DEL MOLDE, unless a later date is announced. The current version will be the version published through FUERA DEL MOLDE’s official channels. Claims and proceedings initiated before an amendment will, as a general rule, continue under the rules in effect when they began, unless a legal provision, authority measure or amendment necessary to protect rights requires application of a later rule.
This Policy must be interpreted together with the Terms and Conditions, the Content and Community Guidelines, the Privacy and Personal Data Processing Policy, and the specific terms of any applicable licensing programs or collaborations.
If any provision of this Policy is declared invalid, ineffective or unenforceable by a competent authority, the remaining provisions will continue in effect to the extent permitted by law.
Questions, claims or requests relating to intellectual property and image rights may be submitted through the mechanisms available on the Marketplace, the “Contact Us” section of the Help Center, or by email to [email protected].