Effective Date: April 28, 2015
Welcome to the CafePress.com.au Content Usage Policy. This Content Usage Policy sets forth the guidelines for use of content through the CafePress Service. Users of the CafePress 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 or that their content is defamatory 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 firstname.lastname@example.org.
Questionable Material & Prohibited Content
All content being used in connection with the CafePress 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 CafePress. CafePress 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 CafePress Terms of Service and Shopkeeper Agreement.
- Content that may infringe, misappropriate or otherwise violate any copyright, patent, trade-mark, service mark, trade secret or other intellectual property rights of any third party.
- Content that may violate the rights of any person or entity, including moral rights and rights of publicity or privacy.
- Content that glorifies hatred, violence, racial, ethnic or religious intolerance.
- Nudity is prohibited on the CafePress website.
- Content that is false or misleading, including without limitation, fake or counterfeit items.
- Content that exploits images or the likeness of minors.
- Content that promotes illegal activities.
The list outlined above should NOT be construed as an exhaustive list of prohibited material but rather as a general guideline for you to follow.
PLEASE NOTE: CafePress has millions of users from varied backgrounds, beliefs, and cultures, who differ in their views about what is considered offensive and acceptable. We recognize that with such global diversity there will be differences about what is considered offensive and that someone somewhere in the world may be offended by the opinions, perspectives and creative expressions of some of our users. We ask that all users respect each others' right to express themselves in a manner consistent with this Content Usage Policy.
Examples of Prohibited Content
In accordance with intellectual property laws, CafePress has certain rules regarding the types of merchandise that you can make and sell through its service. For example:
- NO UNOFFICIAL MERCHANDISE, such as professional sports teams, videogame or Olympics merchandise.
- NO use of names, logos, pictures or other intellectual property of musical groups or musical artists. For example, you cannot make Britney Spears merchandise simply because you run a fan-based Britney Spears website or just because you downloaded her image from an internet website. You also cannot modify the name or other intellectual property of a musical group and avoid infringement, (e.g., using Metalika instead of Metallica).
- NO use of names, logos, pictures, or other intellectual property of sports teams, colleges/universities, clubs, or organizations such as the Los Angeles Lakers, Harvard University, or The Boy Scouts. Modifications may not avoid infringement.
- NO photos, logos, caricatures, or other artwork depicting celebrities, such as Michael Jackson or Madonna, or other third parties. Just because you take a photograph of a celebrity does not give you the right to use that photograph on merchandise, even if you digitally manipulate the photograph.
- NO use of trade-marks, names, or logos of companies. For example, you cannot use the name of a company such as Nike or company logo such as the Nike "swoosh" trade-mark.
- NO pictures or photographs of products (such as toys). Even if you own a product, trade-mark laws may still prohibit you from selling merchandise that features pictures of it. For example, you cannot take a picture of your Barbie and sell Barbie merchandise with that picture.
You may not use any software to advertise, market or promote your CafePress 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
- Keystroke logging
- 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 CafePress shops or products, or related to your use of the CafePress Service must comply with the following guidelines and any 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.
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 CafePress company trade-marks, and all translations thereof, including without limitation, "CafePress," "CafePress.com.au," "Café Press," "CafePress Affiliate Program," "CafePress.com," or any URL or keyword string that includes CafePress company names (for example, "www.yourcompany-CafePress"); or
- Variations of any CafePress company trade-marks (for example, "café-press" and "Cafe-Press").
* 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 CafePress domains (e.g., www.cafepress.com, www.cafepress.co.uk, www.cafepress.com.au, www.cafepress.ca) including without limitation, shop pages, marketplaces pages, product pages and homepages.
CafePress Branding Bar
You may not remove or alter the CafePress 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 trade-mark to market your content (e.g. using "Gucci" in your product descriptions, product titles, tags or other SEO text on your CafePress shop).
- Spamming or attempting to deliberately subvert the results of the CafePress directory or search engine with false, misleading, or unnecessarily repetitive information (e.g., tag spamming or artificially increasing your CafePress search results rankings).