Prohibited Items Policy

Prohibited Items Policy

SmartWorld (SW) may elect to prohibit certain types of items from its marketplace. Some items may create legal exposure for SW or its community of Vendors. Others may be at odds with our values or sensibilities. This policy outlines items which are prohibited or restricted on SW.

This policy is a part of our Terms of Use. By opening a store on SW, you are agreeing to this Policy and our Terms and Conditions.

The following types of items are prohibited or restricted on SW:

1. Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs

Tobacco and drugs are prohibited on SW. This policy also applies to other substances that have or are said to have a mood altering or other “healing” effect. These substances are not permitted to be sold on SW.

The following are examples of items that may not be sold on SW:

1. Tobacco products, e-cigarettes, and e-liquid.
2. Drugs and or mood-altering substances used for recreational and or medicinal purposes, regardless of their legality.
3. Drug paraphernalia, including items with a carburetor; slides and or items with a slide; bongs and bubblers; vaporizers and their components.
4. Medical drugs and pharmaceuticals.

Restrictions on descriptions of supposed health benefits:

A medical drug claim is any element of a listing or store that suggests an item prevents, heals, or treats a medical condition or disease. Medical drug claims are subject to strict regulation. If you make claims about the health benefits of an item for sale on SW, we recommend that you consult with a qualified person about regulations which may apply to you. It is your responsibility to understand and comply with all laws and regulations that apply to the products you sell.

2. Hazardous Materials and Weapons

For safety reasons and legal regulations pertaining to certain items, we ask that our Vendors not sell items that can be considered dangerous.

Hazardous materials are prohibited on SW.

The following are examples of prohibited hazardous materials:

1. Explosives (fireworks or sparklers)
2. Flammable items
3. Gases
4. Radioactive material
5. Toxic substances (such as poisons)

Recalled or Items that Present Unreasonable Risk of Harm

Items that have been recalled by governments or manufacturers are prohibited from being sold on SW. Items that present an unreasonable risk of harm are prohibited, even if they have not been the subject of a recall. This would include, for example, items that contain carcinogenic fire retardants such as most polyurethane foam products. We generally rely on information from official agencies or bonafide research entities to identify these items.

Weapons

SW doesn’t allow items that are intended to inflict harm on a person. The following items are generally not allowed on SW:

1. Guns, knives that are designed for use as a weapon, or other weapons.
2. Imitation weapons that look real or are prohibited by US law.

3. Items that Promote, Support, or Glorify Hatred

We choose for SW to be a community where people of all backgrounds, nationalities, religions, political affiliations or walks of life feel welcome. Art is subjective, therefore, what may be offensive to one is not necessarily offensive to others. Vintage items may have educational, even historical worth, but they can bring up painful memories of historical events.

SW does not permit items or listings that promote, support or glorify hatred toward people or otherwise demean people based upon: national origin, religion, gender, gender identity, disability, or sexual orientation, race, ethnicity or items or content that promote hate.

The following items are not allowed on SW:

1. Items that support or commemorate current or historical hate groups, including propaganda or collectibles. Examples of hate groups include Nazi or Neo-Nazi groups, white supremacist groups or groups that advocate any anti-gay or anti-immigrant agenda.
2. Items that contain racial slurs or derogatory terms for people or groups.

4. Items Promoting Illegal Activity and Regulated Items

We follow the law and expect SW Vendors to do the same.

Illegal items and items that promote illegal activity, including counterfeit or stolen items, are not allowed on SW. Neither are certain items that are subject to legal regulations or registration systems. It is important to abide by the laws of the markets in which you are selling. Illegal activity is strictly prohibited. Additionally, listings may not facilitate or promote illegal acts through images or descriptions.

We require Vendors to follow all applicable laws for the items they list.

5. Internationally Regulated Items

If you enter into a transaction with someone across international borders such as Mexico or Canada, you are responsible for complying with international trade restrictions, including restrictions put into place by the US Office of Foreign Assets Control (“OFAC”), regardless of your location.

The Office of Foreign Assets Control (“OFAC”) at the US Department of the Treasury may apply various economic and trade sanctions. We require that all members who buy and sell on our platform comply with OFAC restrictions, even if they live outside the United States. For example, this includes restrictions on:

1. Transactions involving certain geographic areas, such as Crimea, Cuba, Iran, North Korea, Sudan, and Syria, or involving any individual or organization located in those places
2. Transactions involving any item of Cuban, North Korean, or Sudanese origin
3. Transactions involving Cuban nationals
4. Any transaction or dealing with an individual or entity specifically identified by OFAC, notably those listed on OFAC’s Specially Designated Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List

SW’s policies prohibit our members from engaging in any transaction that would violate OFAC sanctions. While we attempt to protect our members from unwittingly violating these laws by preventing certain prohibited transactions, it is up to each Vendor and buyer to be familiar with—and compliant with—OFAC regulations.

SW members can consult the OFAC website for complete information about the various sanctions programs administered by the US Department of the Treasury: http://www.treasury.gov/resource-center/sanctions/...

SW Vendors should be aware that other countries may have their own set of trade restrictions, and that certain products may not be allowed for export or import under foreign laws. You must consult the laws of any foreign jurisdiction when contemplating a transaction involving the shipment of goods out of the United States.

SW Vendors should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance. They may choose to block a transaction as part of their own compliance programs. SW has no authority or control over the independent decision-making of these providers.

6. Pornography

Pornography of any sort is prohibited on SW.

We want SW to be a place where parents and children can feel comfortable shopping without risk of encountering shocking images or content. Keep it “G”-Rated please.

If you see something on SW that appears to violate these rules, you can report it to us.