Is Using Backgrounds For Adsense Against the TOS?

See the image above, but don’t click it
Well, you can’t click it anyway because it’s just an image. Ok, you see something different with the adsense above, right? It’s using a background. Actually there are so many variations of backgrounds for adsense, such as the adsense inside a paperclip image etc.
The use of these backgrounds make your ads look more attractive, and may can increase your click through rate.
The question is, is it legal to use those backgrounds for adsense? I’ve never asked Google about it, but I found these two websites that claims they’ve contacted Google and Google replied them saying it’s all right to use those backgrounds, as long as they meet this criteria: “Background images are fine so long as the ads are clearly portrayed as ads, and clearly distinguished from the content.”
You can check out the websites here and here. The first website is selling those backgrounds, so I prefer to believe that it’s ok to use those backgrounds.
What do you think?

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the ads looks more attractice i think
Same as, a thing too