Copyright and Trademark Infringement Last update 2 months ago

At Xp Freelancer, we are dedicated to upholding the rights of intellectual property (IP) owners and ensuring a platform that respects creativity and innovation. As a result, we have established robust mechanisms for reporting and addressing intellectual property rights violations, including copyright and trademark infringements.

Reporting Mechanisms

Given that the content uploaded to Xp Freelancer's platform is User Generated Content (UGC), we have streamlined processes for reporting intellectual property violations. Upon receiving a report from a rights holder or authorized representative ("reporter"), we promptly investigate and take appropriate action, which may include removing or disabling access to infringing content. We may also request additional information from the reporter, such as proof of ownership or relevant documentation.

Prohibited Services

In alignment with legal requirements and our commitment to safeguarding creative works, Xp Freelancer prohibits any services that violate the intellectual property rights of individuals or businesses. This encompasses various forms of infringement, including:

  • Copyright infringement: Copying, distributing, or using copyrighted material without authorization, such as creating torrent websites or selling access to streaming services.
  • Trademark infringement: Unauthorized use of trademarks or logos that may cause confusion or dilution of brand identity.
  • Removal of watermarks or copyright marks without permission.

Users found to be engaging in intellectual property infringement may face account suspension or other consequences as deemed necessary.

Non-Original Design Standards

Xp Freelancer values originality and creativity, particularly in categories such as Graphics & Design and Photography. We uphold stringent standards to ensure that all delivered work is genuinely original and does not infringe upon the rights of others. Specifically:

  • Sellers must not portray, sell, or deliver work that is not their own.
  • Delivered work must be unique and not previously published.
  • Gig images must feature the seller's original designs or photographs.
  • Elements that can be similar, such as generic shapes or functional designs, are permissible.
  • Sellers must have appropriate licenses for stock images or templates used in their deliveries.

Responsible Digital Creation

We encourage responsible digital creation on Xp Freelancer, which involves respecting third-party rights, maintaining transparency, and upholding intellectual property protections. Users are expected to:

  • Respect the rights of third parties, both within and outside the Xp Freelancer community.
  • Be transparent about the use of third-party content and obtain necessary permissions.
  • Communicate openly about the origins of integrated elements during order discussions.
  • Adhere to intellectual property laws and provide relevant licenses or permissions when applicable.

By adhering to these guidelines, users contribute to a lawful and ethical digital marketplace that fosters creativity and innovation.

For further information, please refer to Xp Freelancer's Guide to Responsible Digital Creation.

Profit Arbitrage

It's important to distinguish between incorporating other sellers' work in your delivery and engaging in profit arbitrage. While utilizing other sellers' work is permissible when you have the rights to do so and add significant value or transformative use, profit arbitrage involves reselling work without adding substantial value or misrepresenting it as your own. Profit arbitrage is strictly prohibited on Xp Freelancer.

Examples of permissible use of other sellers' work include incorporating designs into music videos, images for websites or presentations, and music beds for explainer videos, provided you have the necessary rights or permissions.

We are committed to maintaining a fair and ethical marketplace where creativity thrives and intellectual property rights are upheld.