Prohibited Items Policy

Prohibited Items Policy

All Public Art is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from the All Public Art marketplace. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of All Public Art. This policy explains what is prohibited or restricted on All Public Art.

This policy is a part of our Terms of Use. By opening an All Public ArtItems for Sale Store , you’re agreeing to this policy and our Terms of Use.

The following types of items are prohibited or restricted on All Public Art:

1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drug Claims
2. Animals and Certain Animal Products
3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
4. Hate Items: Items that Promote, Support, or Glorify Hatred
5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
6. Internationally Regulated Items
7.Pornography and Mature Content
8. Violent Items: Items that Promote, Support, or Glorify Violence

Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our community. Because we are a creative community, we err on the side of freedom of expression. We also tend to allow items that have educational, historical, or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses.

In order to help provide clarity and insight into our policy making process, we have included the rationale behind our decisions and details about how they will be enforced, including some representative examples below of what is allowed on All Public Art.

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

Alcohol and drugs are prohibited on All Public Art. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or claim to have an intoxicating or healing effect. Possible legal restrictions aside, these substances simply are not in the spirit of All Public Art and we therefore do not allow them.

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The following are examples of items that may not be sold on All Public Art:

  1. Alcohol
  2. Tobacco products, smokeable products, e-cigarettes, and e-liquid.
  3. Drugs and certain intoxicating herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.
  4. Drug paraphernalia, including, for example: items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporizers and their components.
  5. Medical drugs or listings that contain medical drug claims. Medical Drug claims are statements that claim a causal relationship between a substance and the prevention, healing, or treatment of a physical condition or disease. A listing must not make such claims in the presentation of an item, including the title, description, tags, or images in the listing.

2. Animals and Certain Animal Products

Certain animal products are highly regulated and due to the risk of harm to live, companion, or endangered animals, are not in in the spirit of All Public Art.

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The following are examples of animal products that may not be sold on All Public Art:

  1. Live Animals
  2. Items derived from or created using any animal species designated as threatened or endangered by the US Endangered Species Act, including the following animals and all subspecies: Alligator; Bear; Cheetah; Chimpanzee; Chinchilla; Elkhorn and Staghorn Coral; Cougar; Eagle; Elephant; Gorilla; Jaguar; Lemur; Leopard; Lion; Lynx; Monkey; Ocelot; Rhinoceros; Seal; Sea-lion; Tiger; Wallaby; Whale; Zebra
  3. Items made from cat and dog parts or pelts as defined by US Federal Law.
  4. Ivory or bones from ivory-producing animals such as whales or elephants are also prohibited, including tusks, elk ivory, fossilized ivory, and wooly mammoth ivory.
  5. Items made from human remains, except for teeth and hair.

Examples of What is Allowed:

Authentic crafts made by Alaskan Natives if they are exempt under Section 10e of the US Endangered Species Act.

Non-Ivory Animal Bones and Antlers

Leather Goods

Textiles Made from Animal Hair

Human Teeth or Hair

Resources: Endangered Species Act; Prohibition on Importation of Dog and Cat Fur Products

We expect all of our members to follow their local laws. If you are shipping items across international borders you should also consult CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) for specific information about importing and exporting items that may be threatened due to the nature of this trade. If you sell products containing feathers, you should also consult the Migratory Bird Treaty Act.

3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

For safety reasons and due to complex legal regulations surrounding certain items, we ask that our members not sell items that could be considered dangerous.

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Hazardous Materials

Due to the potential harm caused by hazardous materials, as well as complex legal regulations surrounding such materials, including shipping restrictions, hazardous materials are prohibited on All Public Art.

While not exhaustive, the following materials are examples of prohibited hazardous materials:

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

Recalled Items or Items that Present Unreasonable Risk of Harm

Items that have been recalled by governments or manufacturers are prohibited from being sold on All Public Art.

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 present a choking hazard. We generally rely on information from various government agencies to identify these items.

Weapons

Context matters when it comes to defining what is or is not a weapon. When in doubt, it’s safe to assume that we won’t allow any tool or instrument that is intended to be used as a weapon to inflict harm on a person. The following items are generally not allowed on All Public Art:

  1. Guns, knives, or other blatant weapons (even if they are vintage)
  2. Imitation weapons that look real or are prohibited by US law

Resources:Bureau of Alcohol, Tobacco, Firearms and Explosives; FMCSA’s Guide to Complying with Federal Hazardous Materials Regulations; US Federal Government's Guide to Recalled Items; US Code of Federal Regulations on Imitation Firearms; US Consumer Product Safety Improvement Act (CPSIA); All Public Art CPSIA Team; Australian Competition & Consumer Commission's (ACCC) Product Safety; European Commission's Consumer Safety; US Consumer Product Safety Commission's Resellers Guide to Selling Safer Products

4. Hate Items: Items that Promote, Support, or Glorify Hatred

We want All Public Art to be a community where people of all backgrounds, nationalities, religions, political affiliations, and even different types of artistic taste and humor feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others. Vintage items can have educational and historical value, but they can also trigger painful memories of tragic events throughout history.

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All Public Art does not allow items or listings that promote, support or glorify hatred toward people or otherwise demean people based upon: race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”) or items or content that promote organizations or people with such views.

The following items are not allowed on All Public Art:

  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, Ku Klux Klan (KKK) groups, white supremacist groups, misogynist groups, or groups that advocate an anti-gay, anti-immigrant, or Holocaust denial agenda.
  2. Items that contain racial slurs or derogatory terms in reference to protected groups.

Examples of What is Allowed:

We tend to allow items that have educational, historical, or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations. Recognizing that there may be no consensus on their educational, historical, or artistic value, the following items are generally allowed on All Public Art:

Religious symbols, including swastikas when used in peaceful or religious context (often in Hinduism, Buddhism, and Jainism)

Items that use idiomatic expressions that include the word “nazi,” such as “grammar nazi” or “soup nazi”

Items denouncing or mocking groups or historical figures that have a history of organized, targeted violence against protected groups

Resources: Federal Bureau of Investigation’s webpage on Hate Crimes

5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items

We respect the law and expect All Public Art sellers to respect the law as well.

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Illegal items and items that promote illegal activity, including counterfeit or stolen items, are generally not allowed on All Public Art. Neither are certain items that are subject to complex legal regulations or registration systems. Because All Public Art is a global company, it’s important to abide by the laws of the markets in which you are selling. What is legal in one country may be illegal in another. All forms of illegal activity are strictly prohibited. In addition, listings may not facilitate or promote illegal acts through images or descriptions.

Additionally, due to complex legal restrictions that vary by location, All Public Art does not permit the sale of real estate or motor vehicles (for example: automobiles, motorcycles, boats, travel trailers, etc.).

We require sellers to follow all applicable laws for the items they list. Examples of items which may be subject to regulation include Native American crafts, plants and seeds, and food products.

6. Internationally Regulated Items

Our marketplace provides a direct connection between buyers and sellers around the world. If you buy or sell an item from another country, or if you enter into a transaction with someone across international borders, 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.

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In the United States, the Office of Foreign Assets Control (“OFAC”) at the US Department of the Treasury administers various economic and trade sanctions. These programs prohibit dealing with certain designated persons and targeted countries. 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 or Sudanese origin
  3. Transactions involving Cuban nationals
  4. Transactions involving jadeite or rubies from Burma (Myanmar)
  5. 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

All Public Art’s policies prohibit our members worldwide 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 seller and buyer to be familiar with—and compliant with—OFAC regulations.

All Public Art 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/Pages/default.aspx

In addition, All Public Art members should be aware that other countries may have their own set of trade restrictions, and that certain items may not be allowed for export or import under foreign laws. You should consult the laws of any foreign jurisdiction when contemplating a transaction involving the shipment of goods overseas.

Finally, All Public Art members should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programs. All Public Art has no authority or control over the independent decision-making of these providers.

Examples of What is Allowed:

Items which aren’t from Cuba, but are Cuban style, such as “Cuban shirts” or “Cuban Style Fedora Hat”

Informational materials such as art, books, film, photos, or music

Jade or rubies which did not originate from or pass through Burma

Resources: US Office of Foreign Assets Control (OFAC) Sanctions

7. Pornography and Mature Content

As a creative community, we tend to be fairly liberal about what we allow on All Public Art, but we draw the line at pornography. Beyond that, we restrict mature content so that people who are offended by this kind of material don't have to see it. If you are selling mature content, we ask that you understand that there are differing sensibilities around the world and that you try to be respectful.

More Details:

Pornography of any sort is prohibited on All Public Art, whereas mature content is restricted.

Although pornography can be difficult to define, an item generally qualifies as pornography when it is a particularly extreme or explicit version of mature content.

We define mature content as depictions of male or female genitalia, sexual activity or content, profane language, violent images (within reason; see also Violent Items), and explicit types or representations of taxidermy.

Mature content must be properly listed and tagged as such in the “Description” section of the Items for Sale post. Not all nudity is considered mature, and examples of non-mature nudity are listed below. If you find yourself questioning whether your item is mature, then it is likely a good idea to assume that it is mature content, and you should label it as such.

When deciding whether mature content crosses over the threshold into pornography, we take into consideration how realistically mature image or images are portrayed, and the explicitness of depictions of sexual activity or content.

Listing Mature Content Correctly

All Public Art aims to maintain a marketplace appropriate for general audiences. 

Mature content is defined as:

  • Visual depiction of male or female genitalia
  • Sexual activity or content, profane language or graphic violence
  • Sexual wellness items, such as dildos, vibrators, and BDSM items
  • Explicit types or representations of taxidermy

Mature content listings will remain in all All Public Art searches by default. Members can restrict results by using the exclusionary search term "-mature" ("opt-out" search status).

The use of mature content must comply with the following guidelines:

  • Item listings containing mature content must be tagged with "mature."
  • Mature content and/or profane language or images are not allowed in the "first impression" areas of your account, including: your username, Profile, item titles, tags, avatar, banner, Shop Announcement, and/or shop section titles, as well as your shop's About page.
  • The first thumbnail image in your item listing should be kept appropriate for general audiences. Additional images in the listing may show the item in its entirety. Mature content and/or profane language or images are only allowed in the second, third, fourth, and fifth photos of an item listing as well as the description text of a listing.
  • Pornography is prohibited on All Public Art.

 

Examples of What is Allowed, Without Restriction:

  • Non-pornographic nude photography and depictions of breasts
  • Non-pornographic depictions of buttocks
  • Abstracted or cartoonish depictions, within reason
  • Example: Cartoon Men and Women Nude Print

Examples of What is Allowed, if Properly Marked as Mature:

  1. Mature language
  2. Violent images (within reason; see also Violent Items)
  3. Sexual wellness items, such as dildos, vibrators, and BDSM items

8. Violent Items: Items that Promote, Support, or Glorify Violence

We want All Public Art to be a safe place for everyone. While violent content can be a legitimate part of historical, educational, or artistic expression, it should never be used to promote or glorify violent acts against others.

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We do not allow Items or listings that promote, support or glorify acts of violence or harm towards self or others, including credible threats of harm or violence towards self or others.

The following items are not allowed on All Public Art:

  1. Items that glorify human suffering or tragedies, including items that commemorate or honor serial killers
  2. Items that attempt to exploit natural disasters or human tragedies
  3. Items that encourage, glorify, or celebrate acts of violence against individuals or groups
  4. Items that encourage self-mutilation, starvation, or other self-harm

Examples of What is Allowed:

  • Fictional literary or art work (such as zombies, vampires, or other fictional works that tend to contain violence)
  • Items that have educational, historical, or artistic value
  • Items that show support or bring awareness to those at risk of self harm, including those with eating disorders
  • BDSM items

We hope these guidelines are helpful, but we cannot catalog every permitted or prohibited item. We reserve the right to remove listings that we determine are not within the spirit of All Public Art. Such listings will be removed from the site, and the member's selling privileges may be suspended and/or terminated.

If you see something on All Public Art that appears to violate these rules, you can report it to us. At the bottom of a listing page, you can click Report this item to All Public Art. To report copyright or intellectual property infringement, please follow the instructions in All Public Art's Intellectual Property Policy.