TheMarketZone.com © Online Classifieds
(Revised 9/1/08)
Terms of Use
Policy: The following are some types of listings which are not permitted and will be ended where reported. The ad fee
will be automatically forfeited for that listing with no refund. Prohibitions are generally because of State or Federal Laws
and where possible, we have cited them and/or provided links to the authorities. This information does not constitute legal advise on the part of TheMarketZone.com, its officers or owners. It is merely information gathered from various sources to alert all users and guide TheMarketZone.com Reviewers and staff in approving or disapproving ad content. Each user is independently responsible for researching and knowing whether the item they wish to advertise can be legally advertised.
(Click on any of the links below to go to the section you wish to read)
Academic software
Alcohol
Animals
Artifacts, Grave-Robbing or Native American Crafts
Authenticity
Autographed Items
Batteries & Products with Mercury
Bonus, Prize, Give-Away Offers
Bootleg Recordings
Brand Names
Catalytic Converters
Celebrity Material
Charities
Cigarettes, Tobacco, etc.
Commercial Airline/Public Transportation
Contracts or Tickets
Counterfeit Currency or Stamps
Credit Cards (Active & Inactive)
Cyber-Squatting
Drugs
Dishonesty
Electronic Surveillance
Electronic Equipment No-No’s
Embargoed Goods
Event Tickets
Government & Transit Documents, Uniforms, ID's or Licenses
Hardware / Software
Hazardous, Restricted and Perishable Items
Human Parts or Remains
Lock Picking Devices
Lottery Tickets
Mature or Pornographic Material
Medical Equipment Sales
Movie Print Policy
Offensive Material Prohibited
Pesticides
Plants & Seeds
Police Items
Political Memorabilia
Postage Meters
Prescription Drugs and Devices
Real Estate
Recalled Items
Satellite & Cable TV Descramblers
Slot Machines
Stocks, Bonds, Securities & Certificates
Stolen Property
Surveillance Equipment
Trademarks
Travel Agents, Individuals, Clubs & Certificates
Unauthorized or Pirated Copies
Used Clothing or Cosmetics
Warranties
Weapons (Firearms, Hand Weapons, Knives, Stun Guns, Ordance)
Academic software
Academic software means software sold at significantly discounted prices to students, faculty members, and educational
institutions. Do not list academic copies of software on TheMarketZone.Com © unless you are an authorized educational
reseller, an educational institution, a student, or a faculty member. If you are authorized to sell academic software, make
sure you say so in your ad!
For example, if you purchased an academic version of Microsoft Word from your college bookstore, but now want to sell it
a year after leaving school, this violates this policy. If you return to school and wish to sell it to other students, this may be ok.
Alcohol
The sale of alcoholic beverages is a highly regulated matter and is taxed within the United States. While the sale of wine by
licensed dealers is permitted, we do not allow ads selling alcoholic beverages by individuals. Additionally, no person residing
or doing business outside the USA may place an ad for alcoholic beverages on our site.
Food products that use alcohol for flavor do not fall within these laws and regulations. Additionally, Wine and Beer - Making
kits may be advertised as long as they do not contain any alcoholic beverage when shipped. No minor (check the laws of
your state) may advertise or purchase alcohol through this site. Placing an ad on our system, whether we catch it or not,
may expose the individual selling or buying that item to legal liability.
Animals
Questions about the ability to sell migratory birds, endangered animals, endangered marine life, or other questionable items
in this area should be directed to the
U.S. Fish & Wildlife Service
Law Enforcement Office (
http://www.fws.gov/le/) and/or your state wildlife regulatory agency.
Our animal section envisions pets (domestic) for sale or free to good homes. We do not condone nor support animal
mistreatment in any form. If we discover this practice, we will release all information about your ad and any information
about you to the authorities.
Animals not threatened or endangered may still be regulated by the USFWS under the
Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES)
- (.http://www.cites.org/) - Animals protected under CITES require permits to cross international borders.
All importers and exporters of wildlife must file with the USFWS a completed Declaration for Importation or Exportation of
Fish or Wildlife (Form 3-177). Contact your nearest USFWS port for declaration procedures. All exporters of wildlife within the United States must also obtain a USFWS Import/Export License. All U.S. importers of wildlife who are importing wildlife
for sale, offer for sale, or to solicit sale, must obtain a USFWS Import/Export License.
Stuffed Birds
http://www.fws.gov/migratorybirds/
Stuffed migratory birds, any part of any migratory bird, migratory bird nest or egg may not be listed for sale. The law forbids
the sale of migratory birds, including birds that can be lawfully hunted, including ducks, geese, hawks, owls, crows, and ravens. However, captive-bred, properly marked Mallard ducks may be sold if the seller clearly states in the item description that the Mallard duck was captive-bred. No other captive-bred waterfowl species may be sold without permits obtained from the U.S. Fish & Wildlife Service.
Stuffed non-migratory birds, or parts of such birds, may generally be listed, if not listed or sold in violation of the state wildlife laws of the states of the buyer or seller. These birds include upland game birds such as quail, turkey, pheasants, and grouse.
Animal Pelts and Skins
http://www.fws.gov/endangered/wildlife.html
Animal parts, including pelts and skins from endangered species (such as leopards, tigers, cheetahs, jaguars, sable antelopes, mountain zebras, and Hartmann mountain zebras) may not be sold in interstate commerce and therefore cannot be listed on TheMarketZone.Com ©.
Animal pelts and skins from non-endangered species (for example, non-protected species of zebras, coyotes) may generally
be listed, if not in violation of the seller's specific state laws. However, because prohibited by federal law, no sales of any item that contains cat or dog fur will be allowed. Please contact USFWS to file declarations on all non-domesticated animal
products. We will not review every sale for these issues, but where discovered, we reserve the right to terminate your ad
without refund of fee if you are found to violate these laws.
Other Animal Products
Endangered or protected species or any part of any endangered
or protected species may not be listed for sale.
Bear or Mountain Lion Products
Bears and bear products (for example, bear teeth, claws, and
rugs) and products containing parts from mountain lions may not be listed for
sale.
Marine Mammals
http://www.nmfs.noaa.gov/pr/species/mammals/
Marine mammal products, including but not limited to polar bear, sea otter,
whales (baleen and ivory), porpoise, dolphins, and seals, generally may not
be listed for sale on TheMarketZone.Com © (unless the animal part has been
first transformed into an authentic Alaskan Native article of handicraft or
clothing). The export/import of marine mammals typically requires CITES as well
as other state and/or federal permits. Users should contact the
U.S. Fish and Wildlife
Service and/or
National Marine Fisheries
Service before importing or
exporting marine mammal products.
Ivory
This area is a complex maze of regulations. Sellers should
consult with the
U.S. Fish and Wildlife Service
and their state wildlife regulatory agency to ensure that the particular item
involved may lawfully be sold. Generally, ivory from African elephants may be
sold within the United States so long as it was lawfully imported into the
United States. Wooly mammoth ivory may be sold inside or outside the United
States. Hippo ivory may be sold within the United States, but may not lawfully
be imported into the United States, but may only be imported/exported in
compliance with
CITES.
Internal
organs of animals- This one is easy – you cannot sell this here –
no exceptions!
Products made from "tortoise shell"
or other turtle products
It is our understanding that there are a number of items that have been made,
both lawfully and unlawfully, from the shell of the hawksbill turtle, a sea
turtle that is now an endangered species protected by federal and international
law. At one time, it was lawful to make jewelry, glasses, boxes, and other items
using the shell of the hawksbill turtle. However,
the 1973 Endangered Species Act made it unlawful to sell items made in whole or part out of genuine hawksbill tortoise shells. TheMarketZone.Com © does not permit the sale of any item made, in whole or part, from any part of a sea turtle. This includes items such as guitar picks, jewelry, jewelry boxes, hair combs, and other products made from the shell of the hawksbill turtle.
Items that appear to be made from genuine tortoise shell are not permitted. If
you use the phrase "tortoise shell" to describe items that have a particular
design resembling a tortoise shell, and these products are actually made out of
plastic, glass, or a composite material, this is acceptable. However, to avoid
confusion (and possible deletion of your ad), listings should clearly state that
the item is not made of "genuine" tortoise shell.
Special notice to sellers doing business in California California law places restrictions on the commercial sale of items made
from parts of some non-protected species, including elephants, zebras,
alligators and crocodiles. If you intend to sell items in California,
review California Penal Code 653o .
Artifacts, Grave-Robbing or Native American Crafts
Many artifacts, cave formations and grave-related items are protected under federal laws, such as The Federal Cave Resources Protection Act of 1988, and the Native American Grave Protection and Repatriation Act. Such violations, if discovered, will be reported to the Department of the Interior, Department of Agriculture, Bureau of Indian Affairs and Federal Bureau of Investigation. These items may not be listed on TheMarketZone.Com ©.
If you have questions about the legality of a particular Native American item or any protected artifact, you may contact the Department of Interior at (505) 248-7937 for further information.
Authenticity
You may not disclaim knowledge of, or responsibility for, the authenticity or legality of the items you advertise. It is your responsibility to satisfy yourself that the item you offer is authentic before selling. If you cannot verify the authenticity of an item, don’t sell it as such.
Autographed Items
Autographed items are often marketed as being unique & therefore can be highly valuable. Yet, they can be easily forged. While TheMarketZone.Com © cannot be responsible for such activities, the following guidelines and policies are designed to protect buyers.
Authentication
Autographs are commonly sold with so-called "Certificates of Authenticity" (COA), which are designed to offer the buyer some assurances that the autograph was indeed properly signed by the person(s) in question. However, keep in mind that literally anyone can offer a COA, so it is important that buyers investigate the background of each "authenticator".
We reserve the right, at our sole discretion, to remove any autographed item ad listed if foul play is suspected. We will refund the listing fee, if we believe that the listing of the item was an honest mistake. If not, no refund will be issued.
We warn all sellers that we do not support and will not permit falsifications and misrepresentations. Where we find valid information to support this allegation, we will report to the proper authorities such activities, including the name and all known information about the seller.
Batteries & products with mercury
TheMarketZone.Com © does not permit the listing of the following batteries or other products containing mercury, the sale of which is prohibited in the United States. These include mercuric oxide button batteries (button-shaped batteries typically used in vintage camera equipment), alkaline-manganese batteries containing mercury & zinc-carbon batteries containing mercury. Should we determine such a violation, the ad is deleted and no refund of the listing fee will be issued.
Bootleg Recordings
Do not list unauthorized copies of live shows or concerts. We do not support and will not permit known activities of this nature.
Bonus, Prize, Give-Away Offers
TheMarketZone.com does not allow ads promoting games of chance, raffles, prizes, give-aways, random drawings, etc. as such promotions are regulated and likely unlawful in many states.
Brand Names
The following are examples of items which should not be listed:
A homemade product that incorporates in its name
another company's brand name (such as Coca Cola).
An Internet domain name that contains the name of another company (such as www.SeaWorld.com).
A listing that contains the logo of a company that did not make the item offered.
Exception: If your description only compares your item to another similar item, as long as you don’t attempt to mislead the buyer in any manner as to your product, this is acceptable. For example, you can say“This lubricant is much
better at protecting your engine than Billy-Bob’s Oil”.
Or, "Our
Timeout Watch is similar to the Timex watch in its’ styling, it just keeps
ticking longer.”
Catalytic Converters
http://www.epa.gov/otaq/cert/factshts/catcvrts.pdf
The Federal Clean Air Act restricts the sale and installation of certain aftermarket catalytic converters and test pipes. Sellers are responsible for researching permitted sales. If improper sales/ads are reported to us and supported by valid evidence of a listed sale of a non-permitted item, we will contact the seller and suspend the listing. Where listings are placed in violation of the Act, we will act to terminate the listing and the listing fee is not returned.
Celebrity Material
No ad shall be placed selling CDs, DVDs, VCDs and screen saver programs that contain multiple images, still photographs, or videos of multiple celebrities and models. Selling photography and/or images of celebrities ("Celebrity Material") often involves both intellectual property rights (like copyrights) and rights of publicity (a person’s right to control commercial exploitation of his or her image, likeness etc.) which may not be owned by the person placing the ad. If you own it, you can sell it.
Charities
TheMarketZone.Com © encourages support of charitable endeavors. However, charitable fundraising is a highly regulated activity, subject to numerous state and federal laws. We allow sellers to list items and collect proceeds on behalf of a legally recognized charity as long as the listings meet guidelines for charitable solicitations.
If we are notified that advertising on our site is in violation of a local, state or federal law by an office of that jurisdiction and having lawful authority, we will suspend the advertising and contact the advertiser. The advertising will remain suspended until the matter is resolved. Legal orders by the courts to terminate such advertising will be honored. If the removal of the ad was due to unlawful activity, we will not refund the listing fee. If the removal of the ad is pending a decision, we will hold the listing fee until resolution. It is our expectation that advertisers will only solicit on behalf of recognized 501c3 or 501c4 charitable organizations
Cigarettes, Tobacco, etc.
The sale of cigarettes, cigars, smokeless tobacco, and related products is a matter that is highly regulated and taxed within the United States. Because of the difficulties inherent in assuring that tobacco sales comply with applicable laws, TheMarketZone.Com© will not permit the sale of cigarettes, cigars, smokeless tobacco or coupons for such items on its Web site. We do permit a listing as a forum for the sale of tobacco-related collectibles, including tobacco related memorabilia and packaging (provided you comply with the above policies), which are not subject to the same legal constraints..
Selling Tobacco Internationally
The laws are too complex for us to monitor. We therefore opt to ban all such sales.
Selling Collectible Tobacco Packaging
There may be instances where the particular collectible tobacco package is unopened and still contains tobacco. These sales of collectible tobacco items will be permitted so long as all of the following are met:
The value of the item is in the collectible packaging, not in the tobacco itself.
The listing description should state that the package has not been opened, but that the tobacco within is not for consumption.
The collectible tobacco packaging must not be available at any retail outlet, and packaging must have a value that substantially exceeds the current retail price of that tobacco product in the package.
Sellers must take steps to ensure that the buyer of these collectibles is at least 18 years of age. Buyers and sellers are responsible for ensuring that any transaction involving tobacco complies with all applicable laws and shipping regulations in carrying out the transaction. Again, we do not act as your agent. Listing an ad on our forum does not transfer your responsibility under the law to us. You remain responsible at all times to not violate existing laws.
If we are made aware of a violation by a bona fide law enforcement body, in writing, we will act to terminate the ad listing and notify the listing party. Return of the listing fee is the decision of the arbitration board.
Commercial Airline/Public Transportation
The following items related to the commercial airline and public transportation industries may not be sold here:
Any article of clothing or identification related to transportation security or employment with any transportation related industry. This includes, but is not limited to, articles of commercial airline pilot's uniforms, flight attendant's uniforms, baggage or airport service personnel uniforms, mass transit train or subway related uniforms.
Vintage clothing related to commercial airlines, trains, or subways, such as ties, scarves, jackets and similar items, may be sold so long as the item description clearly states that the item is at least 10 years old, is no longer in use by the airline or other transit authority and does not resemble any piece of the current uniforms.
Manuals or other materials related to mass commercial public transportation, including safety manuals distributed by commercial airlines, or entities operating subways, trains or buses. These can only be listed if they are obsolete and no longer in use by the airline or other transit authority. By the way, you must say this.
Any official internal, related, non-public documents.
Contracts or Tickets
Advertisers should carefully read any contracts they have entered into that might limit their right to sell an item. Some items, such as airline tickets, have terms printed on the item that may limit the seller’s ability to sell that item.
TheMarketZone.Com © does not search for items that may raise these types of issues, nor will we review copies of private contracts, or adjudicate or take sides in private contract disputes. The advertiser is responsible for being aware of any listing in violation of contractual obligations that could place them at risk of legal action with third parties.
Advertisers are responsible for ensuring that their transactions are lawful. If you have any questions regarding your rights under a contract or agreement, we recommend contacting competent legal counsel on the issue at hand.
Counterfeit Currency or Stamps
Federal law strictly prohibits the sale of counterfeit currency and stamps, as well as equipment designed to make these illegal products. These laws ban counterfeit paper money, counterfeit coins, bank notes, bonds, money orders, and other securities. Our laws protect foreign currency and stamps from counterfeiting as well. Counterfeit items may not be listed on TheMarketZone.Com©.
Replica coins for collectors are also regulated by U.S. federal law. Any "reproduction," "replica," or "copy" coin (U.S. or foreign) must be plainly and permanently marked with the word COPY. This law, part of the
Hobby Protection Act
, protects collectors against fraud or confusion. If you're listing these types of items, we recommend you read the act. We will not be responsible for illegal activities. If reported, we will suspend your listing until the matter is resolved. Do not list counterfeits, unauthorized replicas, or otherwise unauthorized items (such as counterfeit watches, handbags, or other accessories) on TheMarketZone.Com ©.
If the product you are selling bears the name or logo of a company, but it wasn't made or endorsed by that company, don't list it.
Credit Cards (Active & Inactive)
TheMarketZone.Com© allows the listing of inactive credit or debit cards; if the card has been expired for at least 10 years
Active credit or debit cards cannot lawfully be transferred from one person to another. Such items may not be listed for sale on our website. The transfer of recently expired credit cards violates the owner’s privacy rights. As such, these items are also prohibited. If you are posting a picture of the card, you should cover or block out at least part of the name and/or credit card number.
Collectors of expired credit cards originally issued by credit card companies, gas companies, stores, and banks must determine their collectible value. While TheMarketZone.Com© permits the listings of such expired cards, we offer no validation nor do we support any such claims by sellers. Sellers are responsible to determine that the sale of the expired card is not prohibited.
Cyber-Squatting
http://www.patents.com/acpa.htm
Congress passed the Anticybersquatting Consumer Protection Act, which generally prohibits using a domain name containing another's trademark with the intent to profit. Penalties of up to $100,000 per domain name can be levied against persons who act in bad faith to use, sell, or offer for sale a domain name that infringes another's trademark. Attempting to sell a domain name in "bad faith" could expose you to serious liability. This new law also covers certain domains containing people's names if those names are also trademarks (for example, www.TigerWoods.com). Additionally, the use of a domain containing another's trademark also may violate pre-existing trademark law. Seek legal advice before attempting to use another individual or company’s trade name. You can also get information at:
·
The U.S.
Trademark Office
·
Anti-cyber
squatting Consumer Protection Act
·
International
Trademark Association
Dishonesty
By accepting our terms of use, you agree to be honest with us and with the public to whom you advertise. We allow only one registered email account per household customer or business, unless otherwise approved. Those businesses with multiple salespersons must submit a request from the manager in charge listing all email accounts that the business will be posting from for that business. Businesses are treated differently than individuals with regard to granting/waiving of advertising fees. We strive to permit advertising of only those items which may legally and/or morally advertised. It is expected that users will comply with these terms. We reserve the right to modify, edit or delete any advertising which is, in our opinion, misleading, dishonest, knowingly or unknowingly against the terms of use herein or which we find are in direct conflict with the goals of this website or violation of any laws that may be passed after the posting of these terms of use.
Drugs
While we would like to think the following information is not necessary, nonetheless, we are stating the following: Narcotics, steroids, or other controlled substances (including any substance including in Schedules I, II, III, IV or V of the Uniform Controlled Substances Act, 21 U.S.C. 801 et seq.) may not be advertised.
For more information about specific substances, refer to 21 USC 812.
In cases of questionable sales, we will seek guidance from the Federal Trade Commission, the Food and Drug Administration and other regulatory agencies. We will release all of your listing information as well as identify your membership and will cooperate with authorities to prosecute. Your ad will be deleted and no refund of listing fee will be made.
Electronic Surveillance
We do not permit the sale of products that are designed primarily to record the private oral, wire, or electronic conversations of others without their knowledge or permission. These items (for example, small, easily hidden transmitting devices such as telephone "bugs", "wiretap" devices, "miniature transmitters", and "surveillance microphones") are illegal to possess or sell under Title 18, United States Code Section 2512, and their use also violates the law in many states and countries.
Further, several states (including California) prohibit the use of photographic devices to surreptitiously view or record individuals for sexual purposes. Listings that promote such activity are not permitted.
Electronic Equipment No-No’s
We permit listing of scanning receivers, radios, etc. However nothing that receives either cellular transmission or equipment having a full 800 MHz coverage. Lower power radio transmitting equipment is ok. Devices that transmit radio signals on the AM or FM bands are regulated by the Federal Communications Commission. This includes restrictions on the range of such devices. No traffice light control devices or signal changers.
Within FM frequencies, low power devices are limited to a range of about 35-100 feet. For the AM broadcast band, devices are limited to a range of about 200-to-250 feet. TheMarketZone.Com © does not permit the listing of devices that violate these ranges since they may violate existing regulations. If you are unsure, contact the FCC’s Audio Services Division.
Embargoed Goods
The U. S. Government has existing sanctions that regulate or ban some or all trade with particular countries, including Cuba, Iran, Iraq, Libya, North Korea, and other countries. As an example, currently, under U.S. law, trading in items made in Cuba appears unlawful, depending on the nature of the item, when it was manufactured, and when it left the country, etc.
Sellers of items made outside the United States bear the responsibility to review current information about which countries may be affected by sanctions enforced by the Office of Foreign Assets Control of the U.S. Department of the Treasury.
Event Tickets
TheMarketZone.Com © permits resale of tickets to entertainment events (including sporting events, concerts, and plays) as permitted by law. Ticket sellers are responsible for ensuring that transactions do not violate any applicable law.
The states and provinces identified below are those known to limit event ticket resale prices. For events in these locations, Sellers are limited to residents of the location and in the amounts shown:
Arkansas, Kentucky, Louisiana, Michigan, Minnesota, Alberta (CA), Manitoba (CA) & Ontario - No more than face value.
Connecticut & North Carolina – Not greater than face value + $3.00
Florida - Not greater than face value + $1.00
Georgia - Only the original purchaser, a charity or a licensed broker may sell the ticket for greater than face value.
Massachusetts - No more than face value plus $2 (except that a ticket broker licensed by the statemay charge for certain additional expenses related to acquiring and selling the ticket).
Mississippi - No more than face value for events held on state owned property and athletic contest at Mississippi colleges and universities; no limits on otherevents.
Missouri - No more than face value for sporting events; no limits on other events.
New Jersey - No more than face value plus the greater of 20% of the ticket price or$3.00 (except that a registered ticket broker or a season ticket holder may accept a premium of up to 50% of the price paid to acquire the ticket).
New Mexico - No more than face value for college athletic events; no limits on other events.
New York - No more than face value plus the greater of 20% of the ticket price or $5.
Pennsylvania - No more than face value plus the greater of 25% of the ticket price or $5.
Rhode Island - No more than face value plus the greatest of 10% of the ticket price or $3.
South Carolina - No more than face value plus $1.
TheMarketZone.Com © cannot provide legal advice on ticket transactions. For this
reason, you should be aware that there may be additional legal limitations
(local municipalities and/or laws that require resellers to obtain licenses)
which could apply to your sales. The information above is that which we know of
as of this date. It is not meant to be all inclusive to your transaction. You,
the seller, are responsible for ensuring that your particular transaction does
not violate any laws. As with all such transactions, should we be placed on
notice by a lawfully empowered authority that any transaction on this site is
improper, we will suspend the ad pending a decision. Illegal sales ads will be
deleted and no refund of the listing fee will be made.
Government & Transit Documents, Uniforms, ID's or Licenses
Any official internal, non-public documents, manuals, or materials related to mass commercial public transportation (including internal manuals by commercial airlines, or entities operating subways, trains, or buses are not permitted. No article of clothing or identification relating to transportation security or employment with any transportation related industry is permitted. (Vintage commercial airline, train, or subway clothing such as ties, scarves, jackets, and similar items, may be sold so long as the description clearly states that the item is at least 10 years old, is no longer in use by the transport authority, and does not resemble any piece of the airline's current uniform).
No commercial airline pilot's uniforms, steward, or stewardess (flight attendants) uniforms, baggage or airport service uniforms, mass transit train, or subway related uniforms, nor any postal service uniforms and any USPS items such as mailbags. No Non-government mail service uniforms.
Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents are not permitted. Violations of any items above will be reported to Homeland Security or law enforcement.
Hardware / Software
Do not list any hardware or software that would enable users to make unauthorized copies of copy-protected video games, software programs, CD-ROMs, DVDs, or CDs.
Hazardous, Restricted and Perishable Items
Hazardous or dangerous goods (explosives, radioactive materials, flammable gases, liquids and solids, and toxic substances) that pose a danger to health, safety or property while being transported, cannot be shipped through the mail or commercial carrier at all. Such items are not permitted UNLESS they may legally be transported, are properly packaged and labeled, contain a clear notice of the hazardous nature of the material, and a description of the planned method of shipping that complies with the law. For details on particular hazardous substances and transportation requirements in the US and internationally, look at the
U.S. Postal Service Publication 52.
Human Parts or Remains
Human body, or body parts are not permitted. We do permit human hair (lockets), skulls and skeletons used for medical purposes (excluding the sale of Native American skulls, bones or grave-related items).
Lock Picking Devices
- Not permitted for posting on our site.
Lottery Tickets
- Not permitted for posting on our site.
Mature or Pornographic Material
TheMarketZone.Com© does not permit pornographic material – Period! We warn you that should you violate this policy, we will delete your ad. You will not be reimbursed your advertising fee in part or in whole. If you post the ad a second time, we will again delete the ad; your fee will not be reimbursed in part or in whole and we will delete your membership permanently. We retain the right to send a warning message to you to cease this activity. We will send this to the email address on record. If this is intercepted by someone else at this email address, you bear all responsibility. TheMarketZone.Com© shall not be held responsible for any family member or other person discovering this activity as a result of this notice.
TheMarketZone.Com© has a listing category known as “Personals” for items of an adult nature. Listings in this category are the sole responsibility of the author, and we encourage users to use only email addresses or user names (avoiding the use of real names).
Our personals category is for the exchange of information between the listing person and interested parties. Should either party report pornographic or unwelcome language from another party, this will be considered a complaint. Where notified, we will first turn to the email address from which the material originated to allow the sender a reasonable period to respond.We reserve the right to release all such information, including addresses and the content of the emails, to the authorities if TheMarketZone.Com© team suspects child pornography, pornographic language, or harassment based on sex, race or other factors of hate. Wherever possible, we will aid in the prosecution of such activities.
We assume no responsibility for the content of communications on this medium beyond scanning for pornographic references and the removal of said material as stated above. We don't take a moral stand on the communications between two consenting adults. We do however, forbid the practice of child pornography or solicitation of a minor in any manner by any person. Individuals found to be participating such activities will immediately be reported to the local authorities, FBI or any legal body having jurisdiction over such matters.
There are limits on what may be listed in this category. Foul language, suggestive language, language of a specific sexual connotation, and the like are subject to our challenge at any time.If we receive a complaint by any member about language of this nature, our Arbitration Board which will rule on the issue. This Board may revoke your ad, determine any refund, suspend or ban your participation from TheMarketZone.Com©, limitedly or permanently. Their decision is not appealable.
Various legal statutes exist regulating the sale and distribution of pornography and adult material. TheMarketZone.Com© does not regulate the listings in this category. Please exercise caution and obey all applicable laws when dealing with participants in this category.By viewing our “personals” category, you indicate that you are of legal age in your community and have the right to view products intended for adult audiences. You agree that the listings for Adult Audiences do not violate your community standards.
No graphics may be added to this site beyond the pictures validated and activated by our staff. TheMarketZone.Com© acts as the sole publisher of such material, even if it appears within the context of a listing. Neither listing parties nor responding parties are permitted to publish a web address pornographic in nature.
Medical Equipment Sales
You are expected to comply with applicable laws, local, state and federal on this matter. As a general guideline, we ask that you follow these restrictions:
- Sellers may not list medical devices that require a prescription for distribution, unless licensed to do so.
- Sellers who wish to offer professional medical
equipment and supplies for sale may do so, but must state clearly in their ad that they certify that they will comply with all laws applicable to the
sales of professional medical equipment.
- In addition, sellers in this category must include the following language in the listing including:
1. The
seller's complete business name, city and state, and type of business (i.e.
hospital, medical office, manufacturer, distributor, broker, etc.); and
2. The
following language must appear:
"The sale of this item may be
subject to regulation by the U.S. Food and Drug Administration and state and
local regulatory agencies. You may not purchase this item unless you are an
authorized purchaser. If the item is subject to FDA regulation, I will verify
your status as an authorized purchaser of this item before selling to you."
Movie Print Policy
35mm and 70mm movie prints, including 35mm and 70mm motion picture shorts, such as cartoons, may not be listed for sale unless you are the copyrighted owner of the material.
Offensive Material Prohibited
TheMarketZone.Com © does not permit items that promote or glorify hatred, violence, racial or religious intolerance, or items that promote organizations with such views.
TheMarketZone.Com © probibits ads, pictures or items that promote or glorify hatred, violence, racial or religious intolerance, or items that promote organizations (such as the KKK, Nazis, neo-Nazis and Aryan Nation) with such views. For example, we will remove items that bear the marks of such organizations, such as relics from the KKK or certain Nazi memorabilia. Likewise any legitimate organization that includes these themes against others will be removed. No refund of ad fee. We may, at our discretion, remove items when the item or description graphically portrays violence or victims of violence, and lacks substantial social, artistic or political value (in our judgment).
We may disallow sales of explicit crime scene photographs or morgue photos, while permitting military documentaries or photographs of war victims. We may also, at our discretion and out of respect for the families of murder victims, remove ads for items closely associated with individuals notorious for committing murderous acts within the last 100 years, such as personal belongings of such criminals, letters or artwork created by such criminals, or novelty items that bear the name or image of the criminal. This includes any ad by a person convicted of a violent felony who is attempting to use this site (directly or through another person) to benefit financially from his or her criminal notoriety. This includes felons, convicted child molesters, child pornographers, those engaging in slave trade or any other activity offensive to our readers and users. The Arbitration Board’s decision on these matters is absolute and final.
If you post an ad that violates our terms and/or don’t seek our decision beforehand, and you fail to read the “Terms of Use” before “Agreeing” to the Terms of Use, we may remove the listing and you forfeit the ad fee.
- German coins and postage stamps (canceled or
otherwise) from the WWII era regardless of markings
- WWII memorabilia that does not bear the Nazi or SS markings
- Books and movies about WWII or Nazi Germany, even if the Nazi symbol appears on the item
- War documentaries or documentary photos portraying victims of war or violence
- Items of historical importance associated with acts of violence against public figures.
Footnote:
As an American-owned company, we will not tolerate any advertisement that is anti-American in nature. Since beginning the initial writing of these terms, we, like the rest of America, have been subjected to the events of 9/11 and other terrorist activities. We acknowledge that our audience is potentially world-wide; however, this is not a forum for anti-anything. It will not be tolerated here!
Pesticides
The United States Environmental Protection Agency (EPA) regulates the sale, distribution, and use of pesticides and pesticide products under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. sec. 136 to 136x). Visit their website at: http://www.epa.gov/region5/defs/html/fifra.htm
It is unlawful to sell unregistered, misbranded, suspended or canceled pesticides in the United States. If you try to sell a pesticide product or container on our site that is mislabeled, not registered with the EPA, or no longer registered with the EPA, you may be breaking the law (which may subject you to criminal or civil penalties, including fines). Some products that claim to be alternatives to traditional pesticides such as Chinese or Insecticidal Chalk are actually pesticides that require registration with EPA. Don’t sell them on our site. If you list them and we see them, we will cancel your listing and you forfeit your listing fee.
Plants & Seeds
Some federal, state, and local laws prohibit the sale of certain types of plants or seeds that are considered "exotic" or "noxious" weeds. The United States Department of Agriculture prohibits importing or the interstate movement of federally defined noxious weeds and seeds. Before you list these items, you are required to review the list of prohibited noxious weeds and seeds and do not list such items on our site. If the authorities notify us of such a listing, we cancel your ad and you forfeit your listing fee.
Also, many state laws limit the time period after packaging or germination testing within which agricultural or vegetable seeds may be sold. If listed on the packaging of the seeds, sellers should include in their item description the dates of packaging and germination testing. Buyers and sellers of packaged seeds should consult with state and local authorities to determine whether the items they are considering buying or selling are lawful for distribution in their states.
Police Items
As a rule, you can’t list law enforcement badges or official law enforcement equipment from any public entity, including badges issued by the government of any country. This includes police badges and official equipment from federal, state or local law enforcement agencies of the United States.
The standard position of law enforcement organizations regarding these items deals with their concern that individuals may use a badge or other police-related item to misrepresent themselves as a law enforcement officer to the public. In some jurisdictions, state and federal laws prohibit unauthorized possession of a law enforcement badge. For example, one federal law specifically prohibits
"the manufacture, sale(s), or possession of any federal badge without the specific authority of the head of the issuing department or agency of the US government...."
18 U.S.C. 701.
- Official current or recent issue police uniforms
- Badges from federal law enforcement agencies
- Badges from the Bureau of Indian Affairs
- Military police badges
- Quasi-law enforcement badges (e.g., fire department badges)
- State or international badges
- Badges in Lucite
- Movie prop badges
- Identification cards
- Credential cases with official jurisdictional markings
- "Badge patches," including the National Park Service "arrowhead" patch and US Forest Service patch
- Raid jackets
- Emergency vehicle lighting and sirens
- Badges issued by private security companies
- Traffic light control devices
Further, federal agencies also prohibit any commercial reproduction of their name, seal or logo. Copies or reproductions of police badges are banned. Such badges infringe upon the copyright and trademark rights of the agency that issued the badges.
However, you MAY list a law enforcement badge for sale if:
The law enforcement organization that issues the badge states in writing that it does not object to the sale of the item, and you post a copy of that letter with a valid law enforcement contact (name and phone number) on the site with the badge.
Likewise, there are some police items that MAY be listed on the site, provided they abide by any noted guidelines.
Police uniforms. Uniforms must be obsolete and in no way resemble current issue police uniforms. This fact must be clearly stated within the listing description.
Mini-badges (size approximately 1 inch by 1 inch)
Historical badges that do not resemble modern law enforcement badges (e.g. a sheriff's badge from the 19th century), provided that the item description must clearly state that the badge is a historical piece at least 75 years old or issued by a now-defunct organization
Authorized general souvenir items, such as hats, mugs, pins, pens, buttons, cuff links, t-shirts, money clips that do not resemble badges, and paperweights that do not contain badges
Badges that are clearly not official (e.g., plastic or cartoon badges)
Political Memorabilia
Advertisers placing ads for Political Memorabilia abide by the
Hobby Protection Act.
Sellers should be aware of this law to protect themselves from any violations of Federal law which could impose fines, penalties, or both. Political Memorabilia reproductions and fantasy items must be clearly marked as such. Sellers must also state this in the item description. This applies to all political memorabilia, including buttons, posters, literature, stickers, or other forms of political advertisements and candidate promotions.
Postage Meters
We do not permit the listing of postage meters for sale since the sale by unauthorized dealers violates United States Postal Service Regulations. Postage meters are devices that can be leased from authorized manufacturers and used to print postage labels. Most metering systems are converting to “banked systems” and it is important to consult a licensed dealer about use of these machines. Avoiding the payment of postage by misusing a meter is punishable by law.
Postage meters are available only by lease from authorized manufacturers. The USPS holds manufacturers responsible for the control, operation, maintenance, and replacement of their meters. The following manufacturers are authorized to lease meters:
ASCOM HASLER MAILING SYSTEMS INC
19 FOREST PKWY
SHELTON CT 06484-0903
FRANCOTYP-POSTALIA INC
1980 UNIVERSITY LN
LISLE IL 60532-2152
NEOPOST
30955 HUNTWOOD AVE
HAYWARD CA 94544-7005
PITNEY BOWES INC
1 ELMCROFT RD
STAMFORD CT 06926-0700
No one other than an authorized manufacturer may possess a postage meter without a valid USPS meter license and a rental agreement with the meter manufacturer, and until the USPS sets, seals (if applicable), and checks the meter into service.
Prescription Drugs and Devices
Prescriptions for humans
It is a violation of federal law to list any controlled drug or item that requires a prescription from a licensed practitioner (such as a doctor, dentist, nurse practitioner or optometrist) to dispense. Certain drugs, such as insulin, come in prescription and non-prescription forms. Such drugs may also be prohibited. If you are uncertain as to the permissibility of your item, please your local state board of pharmacy.
Examples of prescription items not permitted for listing include, but are not limited to:
Contact lenses
Prescription eyewear (vintage eyeglasses sold for collectible purposes are permitted)
Electrical Muscle Stimulation (EMS) units
Transcutaneous Electrical Nerve Stimulators (TENS) machines
Defibrillators
(Continuous Positive Airway Pressure) CPAP machines
All forms of insulin (including non-prescription forms)
No unauthorized medical devices such as ear candles, any components of prescription or over-the-counter drugs (unless the sale of such components without a prescription has been approved by the Food & Drug Administration).
How can you be sure that you're not listing a prescription drug?
Check out the FDA's tips on purchasing drugs online
http://www.fda.gov/oc/buyonline/default.htm.
The Food and Drug Administration maintains the "Orange Book" online where you can search prescription drugs and over the counter medicines by brand name or by active ingredient.
The seller bears the
responsibility to verify that their sales are legal. If we are notified by the
DEA or any authority having such jurisdiction (in writing), on these matters, we
will react accordingly. Illegal listings will be canceled without refund of the
listing fee. Individuals attempting to sell items illegally are on notice that
we will cooperate with properly acknowledged law enforcement authorities subject
to subpoena.
Veterinary products and pet medicines
Even drugs for animals require a prescription before they can be sold. For example, many heart worm medicines (such as Sentinel, Revolution, Heartgard and Interceptor) can only be purchased with a prescription. You may not list them on our website.
Flea control products (such as Program, Advantage, Frontline and Top Spot) can be bought and sold without a prescription, and therefore they may be listed. The Center for Veterinary Medicine maintains the "Green
Book" online where you can search for information about animal drug products. Their website is (http://www.fda.gov/cvm/Green_Book/greenbook.html )(
Real Estate
While we are providing space to real estate and private individuals, you should recognize there are strict laws in each state regarding such advertising. Seek advice from your local Board of Real Estate on this matter before placing your ad. Our role in this activity is limited to a provider of advertising space, not content.
Advertisements of real property do not involve legally binding offers to buy and sell. Instead, they are simply a way for sellers to advertise their real estate and meet potential buyers. TheMarketZone.com Online Classifieds is not involved in the actual transaction between buyers and sellers and, as a result, has no control over the quality, safety or legality of the properties advertised, the truth or accuracy of the advertisement, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
However, these ads do allow sellers and buyers to determine who may be interested in the property. In this format, potential buyers are advised to always seek professional assistance from a licensed realtor. As noted below, TheMarketZone.com cannot give legal advice to buyers or sellers. Depending on the property, sellers may be required to deliver to buyers a disclosure statement prior to a sale, and in all cases buyers should conduct their own due diligence related to property inspection, title review, building code compliance, termite inspection, flood plain, hazardous materials and other local issues which may be known only to an expert.
Recalled Items
http://members.ebay.com/ws2/eBayISAPI.dll?MfcISAPICommand=ViewUserPage&userid=uscpsc
The U.S. Consumer Products Safety Commission (CPSC) strives to protect consumers against potentially hazardous goods. The CPSC, an independent federal regulatory agency, issues warnings about goods that might be hazardous, and issues recalls of certain products. Items that have been the subject of CPSC action may include lawn darts, baby products (such as defective cribs, infant carriers, and car seats), propane heaters, and thousands of other products.
If you're a seller, you are responsible for checking with the CPSC to ensure that the products you're selling have not been the subjects of a CPSC recall. Buyers should educate themselves about recalled products. Take a look at the
CPSC's
“About Me”
page
(click on blue text)
created specifically to alert buyers about potentially hazardous items. It also has a link to the CPSC Web site that's loaded with helpful safety tips and a searchable database of recalled products.
All child safety seats that are not authorized for sale in the U.S. are strictly forbidden from listing on TheMarketZone.Com © You may get more information on car seats from
SafetyBeltSafe U.S.A. at
http://www.carseat.org/
Also consider consulting the National Highway Traffic Safety Administration's website to learn information about recalled motor vehicles, child safety seats, vehicle equipment and tires.
Satellite & Cable TV Descramblers
Our policy is you may not list for sale items used to descramble or facilitate the access to cable or satellite television programming without authorization or payment. Stating the item is for educational or test purposes will not legitimize a product that is otherwise inappropriate. Information on "how to" descramble or gain access to cable or satellite television programming without authorization or payment is also not allowed. If your listing is marketed in such a manner, we have the right to cancel your ad and your listing fee will not be returned.
Some examples of items which are not allowed include:
Smart Card Programmers and Unloopers
Programmed Smart Cards
Blocker Devices
Hardware or Software DSS Emulators
Slot Machines
The sale or ownership of coin-operated slot machines is regulated & forbidden in a number of states, even for personal in-home use. The laws are complex and may subject violators to criminal penalties. TheMarketZone.Com © will not generally permit the listing of coin-operated slot machines on its website. There are three exceptions to this general prohibition:
Antique slot machines: Generally, slot machines that are at least 25 years old may be listed, provided that the seller explicitly states the age of the machine in the listing. However, buyers and sellers in the following states may not participate in antique slot machine sales due to laws prohibiting slot machine ownership in their state: Alabama, Connecticut, Hawaii, Indiana, Nebraska, South Carolina, and Tennessee. A few states require that slot machines be even older to qualify for antique status, but a few allow more recent machines. Check your local laws to ensure that your transaction is lawful in your area. Please note that replica coin-operated slot machines that are operable and are less than 25 years old may not be listed. We don’t scan for this, but once alerted, we will cancel your ad and you forfeit your listing fee.
All listings for antique slot machines must include the following text:
”Due to laws
regulating the sale of antique slot machines, I, as the seller, will not sell to
customer in the states of Alabama, Connecticut, Hawaii, Indiana, Nebraska, South
Carolina, and Tennessee. Orders from customers residing in any of these states
will be declined”
Non-coin-operated slot machines: Slot machines that do not accept or pay out coins or currency may be listed regardless of their age, and buyers from all states may participate in these sales. However, slot machines that can be readily converted to use for coins or currency are treated as coin-operated machines and prohibited in Alabama, California, Missouri, New Jersey, New York, North Carolina and Oregon. Therefore, buyers and sellers in those states may not participate in those listings.
Non-functional slot machines: Machines that were never functional but made solely for display may be listed. In addition, coin-operated slot machines that have been permanently altered so that they will not accept any coin or slot and cannot be converted into an operational slot machine may be listed without restriction.
Stocks, Bonds, Securities & Certificates
The U.S. Securities and Exchange Commission regulates the sale of stocks and other security interests that represent a current investment ownership interest in an entity, and efforts by individuals to raise money or find investors for businesses. Such regulations place substantial restrictions on an individual's ability to sell such items on the Internet, and conversely, on TheMarketZone.Com©. Because of this, we do not permit the sale of "securities". Examples of items not allowed to be listed are:
All stocks, bonds, and investment interests in any entity or property, including but not limited to corporations or partnerships, other than the exceptions permitted below for cancelled certificates and single-share gifts
Credit (for example, you may not sell $1000 in credit to a buyer).
Solicitations to invest money in any business venture.
Any portion of an ongoing business.
100% of any ongoing business if the sale involves a transfer of any stock in that business.
Documentation that represents proof of a current investment interest in any entity.
Notes (except as specifically permitted under our Real Estate Rules).
Some business related items are not "securities" and may be listed are:
100% of the assets of a business (inventory, lease, good will) where no transfer of stock is involved.
Information about how to start a business.
Any sale of inventory, leases, fixtures.
"Turnkey" businesses such as vending machines, windshield repair kits, and breathalyzer machines.
Tools used for a business, such as silk screening machines, photo mug equipment, business card makers.
Websites or domain names.
Old or collectible stock certificates, provided that such stock certificates are cancelled or represent an interest in an entity that no longer legally exists.
Single-share stock certificates marketed for gift purposes rather than investment purposes, provided that the certificates are marked and advertised as non-transferable, the ownership is not transferred into the name of the purchaser, and the minimum sale price is more than twice the current exchange trading price of the underlying single share security.
Stolen Property
Here’s another item that should be a “no-brainer”, however to be clear:
The sale of stolen property is strictly forbidden on TheMarketZone.Com©, and violates state, federal and international law. We strongly support law enforcement efforts to recover stolen property that is listed on our site, and we clearly announce here that we will release all information in our possession to the prosecution of those responsible for knowingly attempting to sell such items on TheMarketZone.Com©. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
You may wish to read the U.S. federal law on selling stolen property or government property without authorization:
If you see an item listed that you believe is stolen, your best course of action is to contact law enforcement immediately. Under our privacy rules, we will provide important records about pending and past listings subject to an official request from law enforcement bodies. Please be aware that you waive your right to such privacy by agreeing to our terms for posting a listing or ad.
Emails directed to us will not be sufficient for release of such information. We require an original subpoena from law enforcement to be routed to us at our legitimately listed address or to the address provided to such entities in a response email. Accordingly, delays may occur in response time.
If you are concerned that the images, text, or HTML in your item description have been used by another advertiser without your authorization, please read the following:
Item Description & Picture Theft Policy:
Listings on TheMarketZone.Com© are not allowed which use another participant’s pictures or descriptions in their listings without their written permission. Written allegations will refer to our Arbitration Board for a decision which may result in suspension or removal of an ad. Listings that violate this Picture and Description Theft policy may be removed without notice and no return of the listing fee will be made. Multiple violations of this policy can result in suspension or cancellation of membership.
The following examples are NOT allowed:
A seller doesn't know the best way to describe an item. The seller copies a substantial amount of another's description and pastes it into a listing.
A seller takes someone else's picture and includes it in a listing since it looks very similar to the item the seller is offering.
A seller likes the way a competitor's page looks. The seller copies the look and feel and a substantial amount of the text and creates their own listing.
If you believe that your intellectual property rights have been violated, you need to consult an attorney and advise us of your findings. We do not provide legal advice.
Surveillance Equipment
The sale of products that are designed primarily to record the private oral, wire, or electronic conversations of others without their knowledge or permission are illegal. These items (hidden transmitting devices like "bugs", "wiretaps", "miniature transmitters", and "surveillance microphones") are illegal to possess or sell under Title 18, United States Code Section 2512. It is our understanding that their use also violates the law in many states and countries. Please do not advertise them here.
Trademarks
Trademarks are names or logos used by a company to identify their goods or services. For example, Coca Cola® is a trademark used in the sale of soft drinks. Many trademarks are registered, but a trademark need not be registered for an owner to protect it. Trademark laws are primarily designed to protect consumers from confusing one company's goods or services with those of another. Many companies register domain names that contain their trademarks.
What is trademark infringement?
Trademark infringement involves using someone's trademark on a good or service in a way that may lead to another to confusion of the source for the goods or services. For example, if you are not the Nike ® Company or authorized by it, it is an infringement to sell sports clothes called "Nikestuff." The same applies to domain names. If you operate a website using a domain name that contains someone else's trademark (for example, "www.Coke.com"), people seeing that domain name and/or going to your site are likely to be confused that your site is affiliated with Coke. Just because a company hasn't registered all the variations of it’s’ name or trademark as domain names doesn't mean that others can use those domain names. If the domain names are likely to confuse consumers, they're probably infringing.
Travel Agents, Individuals, Clubs & Certificates
Effective as of 2002, persons listing airline tickets, cruises, vacation packages, or lodging must be licensed to do so. Programs of this nature are highly regulated at both the state and federal level. Likewise, we warn individuals to heed the old saying “let the buyer beware”.
The business of arranging travel packages, providing travel certificates, or operating travel clubs is regulated in many states. Generally, individuals or businesses that advertise for such items must be registered and become licensed as sellers in travel in all states where they do business or have customers. Since the travel industry is so heavily regulated, we have special rules limiting who can sell travel related items on TheMarketZone.Com© , and what can be sold.
Providers of Travel Businesses that actually provide travel services, such as airlines, trains, hotels, resorts, and cruise ships, may list items such as gift certificates, airline tickets, lodging, cruises, or vacation packages. As providers of the actual travel service, they are often exempted from seller-of-travel laws and need not provide travel licensure information. However, you must clearly identify yourself in your ad as the actual provider of the travel services offered.
Travel agents and other businesses
Businesses and individuals who sell and/or arrange air or sea travel or accommodations (but do not directly provide the travel service themselves) may list air and ship related travel items (i.e. airplane tickets and cruise trips), along with accommodations only if they are licensed as sellers of travel lawfully able to do business in all 50 states and they themselves will be booking the travel for the buyer. The ad listing should clearly state that they are sellers of travel, give their license number as well as any other license information required in other states.
We ask travel clearinghouse affiliates, who are not actual agents, but are booking the travel themselves not advertise. Sellers/advertisers are required to include the following disclaimer in all ads for travel exactly as it appears below and in a text size and color that can easily be seen and read by all bidders:
"By listing this ad, I verify that I am the actual travel agent or travel provider and not a third party affiliate. The travel/accommodations in this advertisement will be booked directly through me and not an outside agency. I also verify that, other than the government taxes and related government fees stated within the listing description itself, there will be absolutely no additional fees, charges or costs associated with booking added to the travel within this listing."
For travel services other than air or sea travel, businesses and individuals may offer gift certificates or coupons that are issued by a specific provider of travel, such as a gift certificate to a particular hotel. They may not, however, offer travel club memberships or "choice travel" certificates.
Individuals
Individual travelers who are not in the business of selling travel services, but simply wish to sell an unused air or sea related travel voucher or gift certificate, may do so no more than one trip per month provided that the item is not a travel club membership or "choice travel certificate," (see below) or related item. In such instances, the seller may play no role in arranging any travel other than delivering the item. Since many airline tickets, vouchers, and frequent flier miles are not transferable, sellers should review any travel related item before listing to make sure that it can be transferred legally to another party and will be accepted by the issuing provider of travel services.
Travel club memberships and "choice travel" certificates
Where discovered, we will not permit listings of travel club memberships or "choice travel certificates" or similar items by any user. Travel club memberships include any service, cards, or identification number that purports to give the holder the right to free or discounted travel, that is, certificates that entitle the holder to some travel related benefit (such as free or low cost hotel stays) with a variety of travel providers.
We also do not permit listings of "choice" travel certificates by any user. Choice travel certificates are documents that are not issued directly by a single provider of travel, but by travel wholesalers, consolidators, or other middleman travel sellers. These certificates generally offer the holder free or low-cost travel services with a choice of multiple hotel chains, resorts or airlines, the exact location often being at the choice of the buyer or seller. Such certificates are highly regulated in many US states and in many cases require additional purchases that violate circumvention policies. They may not be listed in our website. Reported violators will have their ad removed and listing fees will not be returned.
Unauthorized or Pirated Copies
Do not list unauthorized (such as pirated, duplicated, backup, bootleg, and so forth) copies of software programs, video games, music albums, movies, television programs, or photographs on TheMarketZone.Com©. Where discovered, the listing will be removed and the listing fee will be forfeited.
Examples:
The following items may not be listed:
Pirated copies of video games, copies of music, etc.
VHS or CD-R copies of television programs taped off of television
"Backup" or "archival" copies of software programs
"Bootleg" recordings of live music performances
"Home video" versions of a movie still in theaters
Software loaded onto a computer hard drive that is not being sold with the original media (disks, manuals, etc.)
Used Clothing or Cosmetics
Used clothing may be listed for sale as long as the clothing has been thoroughly cleaned. Listings that contain inappropriate descriptions will be ended. Additionally, we must decline to allow used underwear, including but not limited to, boxer shorts, panties, briefs, and athletic supporters.
Used cosmetics may not be sold through our ads. Opened, but unused, cosmetics will generally be allowed. For more information, please visit The U.S. Food and Drug Administration website for information on this matter.
Warranties
Under the Magnuson-Moss Warranty Act (a federal law enforced by the Federal Trade Commission) sellers who offer items valued at more than $15 and who offer either a written warranty or service contract with the items sold must, in their item descriptions, provide one of the following: the full text of the written warranty, a statement explaining how a free copy of the written warranty can be obtained upon written request, or a link within the listing that takes members to the warranty details.
Weapons (Firearms, Hand Weapons, Knives, Stun Guns, Ordance)
Weapons may not be listed for sale, either in the United States or outside this country. The sale of weapons to and from countries in which they are illegal is strictly prohibited will result in notification to the authorities having jurisdiction. The listing fee will be forfeited.
The following list contains general guidelines for listing weapons and knives:
Firearms
TheMarketZone.Com© prohibits members from listing assembled firearms, including antique, collectible, and sport & hunting firearms as well as ammunition. No skirting this prohibition by tearing weapons into several parts. If the weapon can be assembled and fired on delivery, no advertising it here.
Not Permitted: firearm receivers, firearm frames (whether complete
receivers and frames, components and parts of receivers and frames, or "cut"
or "80%" receivers), any parts or accessories prohibited for sale by federal
or California law, including items related to short-barreled shotguns or
short-barreled rifles, fully automatic weapons, large-capacity magazines,
multi-burst trigger activators and camouflaging firearm containers,
silencers, converters (items that can be used to give a firearm automatic
capability), kits that can be used to create a firearm, potato guns and
cannons, flares, flare launchers, flare guns, flare gun receivers,
silencers, short barrels ... and any illegal firearm-related items. No BB
guns, air guns, black powder guns or muzzle-loader guns, and does not allow
sellers to use the term “BB gun” in the item title or description of any
listing.
Permitted: listings of all other legal gun parts and accessories, including trigger guards, firing pins, barrels, stocks, butt plates, trigger assemblies, pistol grips, holsters and scopes. Listings for such items must clearly state the type of firearm for which the part or accessory is designed. We permit paintball guns, "airsoft" guns, and replica, "look-alike," and imitation firearms under certain circumstances. These items may only be sold domestically in the United States provided that they have clear markings permanently affixed to them (commonly a blaze orange plug inserted in the barrel), and must not be readily convertible to shoot a projectile. This includes replicas/imitation guns of any age, as well as toy and cap guns. These items must be located in the U.S., offered only for domestic shipment and the seller must be located in the U.S. These rules apply to all items designed to look like firearms. Most states require that purchasers of airsoft guns be 18 years of age or older.
Hand weapons
Certain hand weapons are not permitted. Weapons not permitted include: nunchaku, brass, plastic or metal knuckles, leaded cane/staff/crutch/stick, zip guns, shurikens, hand grenades or metal replica hand grenades, throwing stars, knuckle knives, billy clubs/batons, sandclubs, sandbags, or slungshots (also known as saps or blackjacks).
Knife listings are generally permitted with certain exceptions:
Switchblade knives
Switchblade knives with a blade over 2 inches are not permitted. A switchblade knife is defined as any knife that resembles a pocketknife with a blade that can be released automatically or by use of a trigger. Other names for switchblades include spring-blade knife, snap-blade knife, gravity knife, and butterfly knife.
Disguised knives
Knives disguised to look like a harmless item are not permitted. These items include but are not limited to belt buckle knives, lipstick case knives, air gauge knives, and writing pen knives.
Stun guns
Sales of stun guns permitted to the extent permissible by law and may only be bought, sold, and shipped within the US. Sellers are responsible for reviewing the laws in their location and the location of the buyer and ensuring that sales are legal in both locations before listing and completing such transactions. Possession/sale of stun guns is prohibited in Hawaii, Massachusetts, Michigan, New Jersey, New York, Rhode Island, Wisconsin, and the District of Columbia and may also be illegal in other locations within the United States. In addition to being prohibited under certain state laws, some municipalities also limit stun gun sales. Because sales of stun guns are illegal in Australia, Canada and the United Kingdom, sellers in the U. S. should not agree to ship a stun gun outside the United States.
Militaria, Ordnance and Grenades:
No equipment orsupplies issued to or used by United States Armed Forces that have not been disposed of in accordance with Department of Defense demilitarization policies. Sales of such items may constitute violations of federal law. No ordnance (military weaponry, ammunition, and related parts), even if item is "unserviceable", "demilitarized" or "demilled," No grenades, metal military practice grenades, rifle grenades, dummy grenades, grenade launcher attachments, and mines.
We do allow
relics, curios, memorabilia, or display items permanently altered to prevent ready modification for use as a grenade.
*The above information is not intended to be legal advice. Rather, it is our attempt to make known those issues we are aware of. If you are unsure about whether you can sell an item on TheMarketZone.Com©, we encourage you to consult your own attorney or contact the Federal, State or local authorities if you have questions. If you are in doubt, you may email us on our website and we will attempt to give you our most informed answer. In the end, however, advertising parties are responsible for the content and subject matter of the ads. Where duly authorized legal entities provide us direction on matters, we will pass that direction along to our customers. These “Terms of Use” will be updated accordingly.
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