Content Usage Policy
Effective Date: April 12, 2021
Welcome to the Fabbrica Content Usage Policy. This Content Usage Policy sets forth the guidelines for use of content through the Fabbrica Service. Users of the Fabbrica Service are responsible for making sure their content complies with this Content Usage Policy. If you believe a user is infringing upon your intellectual property rights please use the process set forth in our Intellectual Property Rights Policy. If you would like to report something that you believe does not comply with this Content Usage Policy, please email [email protected].
Questionable Material & Prohibited Content
Intellectual Property Information
Questionable Material & Prohibited Content
All content being used in connection with the Fabbrica Service will be graded using a White – Gray – Black scale. Content that is clearly acceptable to use will fall within the White Zone. Content that is strictly prohibited will fall within the Black Zone. Content that is questionable will fall within the Gray Zone. Content that is deemed to be in the Gray Zone but closer to White Zone may have a higher probability of not being removed from a user’s shop, while content that is deemed to be in the Gray Zone but closer to the Black Zone may have a higher probability of being removed.
Below are some general types of content that are prohibited on Fabbrica. Fabbrica will determine, in its sole and absolute discretion, whether your content is in compliance with this Content Usage Policy (CUP). Any content that is determined to be in the Gray Zone may be subject to removal in accordance with the Fabbrica Terms of Service and Share and Sell™ Service Agreement.
General Guidelines for Prohibited Content
Content that may infringe on the rights of a third a party.
Items that make inappropriate use of swastikas or other Nazi symbols and/or glamorize the actions of Hitler or other individuals or groups advocating ethnic cleansing, genocide or similar activities.
Use of marks that signify hate towards another group of people.
Hate and/or racist terms.
Items that containing symbols, flags, language or likeness which glorify the Confederacy (including the Confederate Flag).
Inappropriate content or nudity that is not artistic in nature.
Content that exploits images or the likeness of minors.
Obscene and vulgar comments and offensive remarks that harass, threaten, defame or abuse others such as F*** (Ethnic Group).
Content that depicts violence, is obscene, abusive, fraudulent or threatening such as an image of a murder victim, morgue shots, promotion of suicide, etc.
Content that glamorizes the use of “hard core” illegal substance and drugs such as a person injecting a vial of a substance in their body.
Material that is generally offensive or in bad taste, as determined by Fabbrica.
The list outlined above should NOT be construed as an exhaustive list of offensive material but rather as a general guideline for you to follow.
You may not use any software to advertise, market or promote your Fabbrica products and shops if the software does any of the following:
Surreptitiously gathers a user’s personally identifiable information without the user’s explicit consent
Restricts the user’s ability to close or remove pop-ups, pop-unders, or other advertisements that cover otherwise viewable content
Displays an unreasonable number of pop-up or pop-under advertisements per day or per web browsing session
Markets to children under the age of 13
Sends unsolicited information or material to another computer
Diverts the user to another site not requested by the user
Initiates or terminates a user’s connection to the Internet
Modifies the user’s settings with respect to browser home page, Internet connections (including default access provider), bookmarks, or security levels
Automatically re-installs or re-activates itself or another application after being uninstalled or removed by the user
Removes or disables security, pop-up-blocking, anti-virus, anti-Adware, or anti-spyware programs on the user’s computer
Does not allow the user to uninstall and/or remove the software from their computer
Does not comply with all applicable laws and regulations
Any commercial email you send to market and promote your Fabbrica shops or products, or related to your use of the Fabbrica Service must comply with the CAN-SPAM Act of 2003 as amended and any other applicable laws governing email communications, including without limitation, the following:
You may not use false or misleading header information. The emails “From,” “To,” and routing information, including the originating domain name and email address, must be accurate and identify the person who initiated the email.
You may not use deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the request.
Your message must contain a clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.
You may not use “spam,” “blast-faxes” or recorded telephone messages to market or sell products.
For more information on compliance with the CAN-SPAM Act of 2003 please visit the Federal Trade Commission website at http://www.ftc.gov/spam/
URLs, Keywords, Search Terms, and other Identifiers
You may not use in your domain name or URL, nor may you purchase or register in any search, referral, or advertising service (such as Google’s AdWords program) any of the following terms:
Any domestic or international Logo Sportswear Inc. company trademarks, and all translations thereof, including without limitation, ” Fabbrica ” or any URL or keyword string that includes Fabbrica company names (for example, “www.yourcompany- LogoSporstwear.com”); or variations of any Fabbrica company trademarks (for example, ” Logo-Sportswear “).* Please note: this is not an exhaustive list of prohibited words, phrases, or combinations thereof.
You may not link any search, referral or advertising directly to any of the Fabbrica domains (e.g., www. Fabbrica.us) including without limitation, shop pages, product pages and homepages.
Fabbrica Branding Bar
You may not remove or alter the Fabbrica branding on your storefront and store pages.
False or Misleading Marketing Material
You may not use false or misleading content to market and promote your shops and products. Some examples of false and misleading information are:
Making claims that the proceeds from products sales will go to a charity without first obtaining permission from such charity to use their name in connection with product sales.
Use of a third party trademark to market your content (e.g. using “Gucci” in your product descriptions, product titles, tags or other SEO text on your Fabbrica shop).
You may not spam or attempt to deliberately subvert the results of the Fabbrica directory, service, or search engine with false, misleading, or unnecessarily repetitive information (e.g., tag spamming or artificially increasing your Fabbrica search results rankings).
Intellectual Property Information
This Intellectual Property information is provided to help you better understand Intellectual Property laws as they relate to your use of content through Fabbrica. The information contained on this page is for informative purposes only and should not be construed as legal advice. For specific advice regarding your use of content through Fabbrica, please consult an attorney.
What is a Copyright?
Copyright protects original works of authorship, such as a picture, drawing, graphics, software program, written work, sculpture, song, or photograph. A copyright is created as soon as a work is fixed in a tangible medium (e.g., on paper, on video, on canvas, etc.). A copyright is a bundle of rights, including the exclusive right to distribute, sell, duplicate, publicly perform, and create derivative works from the original work. Copyright law prevents you from copying, distributing, selling, or publicly performing another’s original work without permission. Copyright law also prevents you from creating derivative works based upon or derived from another’s original work without permission. Copyright protects original expressions of ideas not the ideas themselves.
How long does copyright protection last?
As a general rule, for works created after Jan. 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works created prior to 1978, the term of a copyright depends on several factors, including whether it has been published, and, if so, the date of first publication. In general works created before 1922 are in the public domain. However, if a change has been made to a work taken from the public domain, the new work may be copyrightable and protected. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (Title 17 of the United States Code).
What material is in the public domain?
A work of authorship is in the “public domain” if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner. You should NOT presume that material is in the public domain without verifying it with an attorney or other reputable source. You should also NOT presume that material publicly available on private or commercial websites is not protected by copyright.
What is fair use?
“Fair use” is a principle of copyright law allows for the unauthorized use of another’s original copyrighted work for the purposes of criticism, commentary, news reporting, teaching, scholarship, and research. In determining whether a given use is “fair,” courts look at four primary factors:
The purpose and character of a use.
The nature of a copyrighted work.
The amount and substantiality of the portion of the work used.
The effect upon the copyright holder’s potential market for the used work.
Fair use is a difficult and murky concept, even for experts, so you should consult with an attorney before using copyrighted material in connection with the Fabbrica Service, even if you think that such use is “fair.” One way to evaluate whether a use is “fair” is to consider your own reaction if someone used your work without permission.
For more information on copyright visit the United States Copyright Office at http://www.copyright.gov and the federal law on copyrights (U.S.C. Title 17) http://www.access.gpo.gov/uscode/uscmain.html.
What is a Trademark?
A trademark is a word, name, symbol or other device that identifies the goods or services of a given person or company and distinguishes them from the goods or services of other persons or companies. Trademark law prevents you from using another’s trademark (such as the name of a musical group or artist) on your merchandise, because such use will cause consumers to believe that the trademark owner has made, approved of, or endorsed your merchandise. In short, a trademark is someone’s name/brand. For example, Fabbrica.us® is a registered trademark.
What is a Service Mark?
Any word, name, symbol, or device or any combination thereof adopted and used by a merchant to identify and distinguish their services from those provided by others and to indicate the source of the services.
What can be trademarked?
Word(s), word(s) plus design, trade dress, packaging, sounds, slogans, smells, service marks, geographic marks, collective marks, certification marks, and family marks.
What is Trade Dress?
Trade dress can function as a trademark and is used to identify the goods of a party in the marketplace. For instance, trade dress can be the shape of a Coca Cola bottle or the shape of a classic Volkswagen Beetle car.
What are Trademark Rights?
An owner of a trademark/service mark has the right to use that trademark/service mark and to prevent others from benefiting from the trademark/service mark’s good reputation and recognition in the marketplace.
What is the difference between a Trademark and a Registered Trademark?
The ® symbol represents that a trademark is registered with the U.S. Patent and Trademark Office. The ® symbol may only be used in association with a trademark that is registered with the U.S. Patent and Trademark Office. If the trademark/service mark is followed by a TM or SM symbol the goods/services provider is using the mark as a trademark, although the mark may not be registered with the U.S. Patent and Trademark Office.
For more information on Trademarks visit United States Patent and Trademark Office at http://www.uspto.gov and the federal law on trademarks (U.S.C. Title 15) http://www.access.gpo.gov/uscode/uscmain.html.
Right of Publicity
What is Right of Publicity?
The “right of publicity” makes it unlawful to use another’s identity for commercial advantage without permission. A person’s “identity” includes, for example, his look, voice, name, nickname, professional name, and other distinctive characteristics. For example, the Right of Publicity prohibits you using the picture of a celebrity without authorization on your merchandise.
Right of Privacy
What is the Right of Privacy?
Generally, individuals have a “right of privacy.” An invasion of this right can occur in four ways:
Public disclosure of private facts (publication of true, but embarrassing information of no legitimate concern to the public).
“False light” (publication of information that creates a false or misleading embarrassing impression of a person).
Intrusion (improper acquisition of private information).
Misappropriation of name and likeness (similar to a “right of publicity”).
What is defamation?
Defamation occurs when:
A false and damaging statement of fact; concerning an individual or entity; is communicated to a person or persons other than the individual or entity whom the false or damaging fact is about (i.e., published); and the person publishing such information knew or should have known it to be false.
In this circumstance, “published” means that such statement was written or verbally communicated to another. Written defamation is also known as “libel.” Verbal defamation is also known as “slander.”