User Agreement
The following describes the terms on which Handmade with Care offers you access to our services.
Introduction
Welcome to Handmade with Care. These terms and conditions apply to the services available from the domain and sub-domains of http://www.HandmadewithCare.co.uk (which include, but are not limited to, http://www.HandmadewithCare.com. In this User Agreement, all Handmade with Care contracting parties are known as "Handmade with Care", "we", "us" or "our".
Your use of our services is governed by the following terms and conditions, including those additional terms referred to in the "Additional terms" section below (which are accessible by click-through links and which form part of these terms and conditions), (together, the "User Agreement").
Before you can become a member of Handmade with Care, you must read and accept all of the terms and conditions of this User Agreement and each of the "Additional terms" referred to in this User Agreement. You should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and Handmade with Care.
This User Agreement is valid from 1 February 2008 and is effective upon acceptance for new users.
Using Handmade with Care
You may not use the Site if you are under the age of 18 or you are not able to form legally binding contracts, or if your Handmade with Care membership has been suspended.
While using the Site, you will not:
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Post, list or upload content or items in inappropriate categories or areas on the Site;
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Breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
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Breach our policies, including, without limitation, the Prohibited and Restricted Items policy and the other policies linked to from the "Additional terms" section below;
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Fail to pay for items purchased by you, unless the seller materially changes the item's description after you agree a price for the item, a clear typographical error is made, or you cannot authenticate the seller's identity;
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Fail to deliver items purchased from you, unless the buyer fails to meet your listing terms, or you cannot authenticate the buyer's identity;
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Manipulate the price of any item or interfere with other users' listings;
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Circumvent or manipulate Handmade with Care’s fee structure, the billing process, or fees owed to Handmade with Care;
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Post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
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Take any action that may undermine the feedback or ratings systems (such as displaying feedback information on, or exporting feedback information to, non-Handmade with Care sites, or using it for purposes unrelated to Handmade with Care);
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Transfer your Handmade with Care contract to another party without our express consent;
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Distribute or post spam, chain letters, or pyramid schemes;
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Distribute viruses or any other technologies that may harm
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Handmade with Care, or the interests or property of Handmade with Care users;
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Copy, modify, or distribute Handmade with Care's copyrighted works or trade marks, or other content from the Site, without our express consent; or
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Harvest or otherwise collect information about users, including
email addresses, without their express consent.
If you are registering with Handmade with Care as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Handmade with Care, you must comply with all applicable laws relating to online trading.
We will commence supplying our services to you as soon as you accept this User Agreement. Unless you and Handmade with Care agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
Abusing Handmade with Care
Handmade with Care and the Handmade with Care community work together to keep the site working properly and the community safe. Please report problems, offensive content, and policy breaches to us.
Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our services and your account(s), restrict your access to, and your activities on, the Site (including, without limitation, by cancelling bids and removing listings and other hosted content), warn the Handmade with Care community not to transact with you and/or take technical and legal steps to stop you from using the Site if:
- We think that you are creating problems (including, without limitation, by harassing Handmade with Care staff or other users) or exposing us or another Handmade with Care user to financial loss or legal liabilities;
- We think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
- Despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
- You receive very poor feedback .
You agree not to hold Handmade with Care responsible for any loss you may incur as a result of Handmade with Care taking any of the actions described above.
No spam
We do not tolerate spam (unsolicited commercial communications). Please set your Handmade with Care notification preferences so we communicate to you as you prefer. You may not add other Handmade with Care users, even a user who has purchased an item from you, to your mailing list (e-mail or physical mail) without our and their consent.
You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement.
We filter and automatically scan e-mail messages before they are sent via our communication tools for viruses and other illegal or prohibited content but we do not permanently store such messages. To report spam from other Handmade with Care users, please send an email to info@handmadewithcare.co.uk.
Using information about other Handmade with Care users
Our Site enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, User ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your records and a chance to review the information you have collected about them.
You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
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Handmade with Care-transaction-related purposes that are not unsolicited commercial communications
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Using services offered through Handmade with Care; and
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Other purposes that a user expressly agrees to.
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Fees
Joining Handmade with Care and buying listed items is currently free.
Currently we do not charge fees for using other services, such as listing items. We have the right to make changes to this policy at any time.
Changes to the fees will take effect 14 days after we notify you of them either by email, or via a posting in our terms and conditions. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site
If a fee becomes due and unless otherwise stated, all fees are payable in GB pounds sterling. You are responsible for paying all fees and applicable taxes (including any value added tax) associated with using the Site in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes, without limitation, charging other payment methods on file with us and retaining collection agencies and legal advisers.) You agree that we may issue you with invoices in electronic format by e-mail.
Content licence
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. (We need these rights to host and display your content.)
Liability
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will not hold Handmade with Care responsible for other users' actions or inactions. The site is a venue to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats, which may include auction-style and fixed price formats. At no point do we have possession of anything listed or sold through the Site.
We are not always party to the actual transactions between buyers and sellers. You will not hold Handmade with Care responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off Handmade with Care) or for ensuring that they actually complete transactions.
We have no control over, do not guarantee, and you will not hold us responsible for:
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The quality, safety or legality of items advertised;
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The truth or accuracy of listings;
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The truth or accuracy of feedback or other content posted by users on the Site;
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The ability of sellers to sell items;
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The ability of buyers to pay for items; or
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Wether a buyer or seller will actually complete a transaction.
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the site.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Site.
Although we aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult.
Handmade with Care cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on the Site.
We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our Site.
Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, and (b) £100.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and interference
Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Handmade with Care by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
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Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
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Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site without the prior expressed written permission of Handmade with Care and the appropriate third party, as applicable;
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Interfere or attempt to interfere with the proper working of the site or any activities conducted on the Site; or
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Bypass measures we may use to prevent or restrict access to the
Site.
Privacy
We use your information only as described in the Handmade with Care Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the UK that are protected by physical as well as technological security devices.
You can access and modify the information you provide us and choose not to receive certain communications by notifying us.. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Handmade with Care Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
Compensation
You agree that you will only use the Site in accordance with the terms and conditions set out in this User Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this User Agreement.
No agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.
Notices
Except as explicitly stated otherwise, notices to Handmade with Care shall be sent by email to info@HandmadewithCare.co.uk. We shall send notices to you by e-mail or by registered mail to the email address or postal address (as applicable) that you provided to Handmade with Care when you registered with Handmade with Care. Notices sent to you by e-mail shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after they are sent.
Third party rights
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
Governing law and dispute resolution
This User Agreement shall be governed by and construed in accordance with English law. You and Handmade with Care both agree to submit to the non-exclusive jurisdiction of the English Courts.
If a dispute arises between you and Handmade with Care, we strongly encourage you to first seek a resolution by contacting us by email. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Additional terms
The following policies (together with all further policies that can be accessed via click-through links contained in such policies) are part of this User Agreement and provide additional terms and conditions related to specific services offered on the Site. We expect you to read all of the linked documents carefully:
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Prohibited and Restricted Items
Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, we advise you to check whether the applicable policy or rule has been amended on the Site as you will be bound by the latest version of any applicable policies or rules which may be posted on the Site from time to time. All such policies or rules are hereby incorporated into this User Agreement.
General
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
In our sole discretion, we may assign this User Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of the sections.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We may amend this User Agreement at any time either by e-mail, or by posting the amended terms on the Site. Except as stated elsewhere in this User Agreement, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This User Agreement may not be otherwise amended except in a writing signed by you and us.
This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.
The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content Licence, Liability, Release, Compensation, Third Party Rights and Governing law and dispute resolution.
Privacy Policy
Scope
This Privacy Policy describes how Handmade with care ("we", "us" or "our") collects, stores, uses and discloses your personal information in connection with the performance of the services that are made available to you through the Site.
By accepting the User Agreement during the process for registering or by using the Site, you expressly consent to the collection, storage, use and disclosure of your personal information by Handmade with care as described in this Privacy Policy.
This Privacy Policy is valid from 1 February 2008 and is effective upon acceptance for new users.
Collection and Storage
You can browse the Site without telling us who you are or revealing any personal information about yourself. However, once you give us your personal information, you are no longer anonymous to us.
If you choose to provide us with personal information, you expressly consent to us transferring that information to, and storing it on, servers located in the UK. We will store your information in a safe, confidential and secure environment.
We may collect and store the following personal information about you:
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Email address, physical address, telephone number and other contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account details;
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Transactional information based on your activities on the Site (such as information on your buying and selling activities, item descriptions and other content you generate or information that relates to your account);
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Postage, billing and other information you provide to purchase or post an item;
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Community discussions, chats, dispute resolution, correspondence through the Site, correspondence sent to us and feedback;
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Computer sign-on data, statistics on page views, information and statistics on traffic to and from the Site (including the URL you just came from and the URL you go to next, whether they are URLs on the Site or not), advertising data, IP address, browser information and standard web log information; and
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Supplemental information from third parties (for example: (a) if
You incur a debt to us, we will generally conduct a credit check by obtaining additional information about you from a credit reference agency, as permitted by law; (b) if the information you provide cannot be verified, we may ask you to send us additional information (such as a certified copy of your driver's licence, credit card statement, and/or a recent utility bill or other information confirming your address), or to answer additional questions to help verify your information.); (c) if you register to use our services on a third party website, or use a third party website providing a service for us, or use a website that facilitates your activity on Handmade with Care, that website may provide personal information about you and your transactions back to us.
Use by Handmade with Care
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customised experience.
We may use your personal information to:
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Provide the services and customer support you request;
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Resolve disputes, collect fees, and troubleshoot problems;
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Prevent potentially prohibited or illegal activities, and enforce
the User Agreement; -
Customise, measure, and improve our services and the Site's
content and layout; -
Tell you about our existing products and services, changes to our
existing products and services, new products and services and promotional offers based on your notification preferences; and -
Compare information for accuracy and verify it with third parties.
If you do not wish to receive marketing communications from us, we ask you to notify us by email. Please note that you cannot opt out of receiving administrative information that you need to know in order for us to provide you with our services.
Our Disclosure of Your Information
We may disclose your personal information to:
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Other Handmade with Care users, whether located within the United Kingdom or abroad. For example, where you are involved in a transaction with another user, the other user may view your email address and obtain your contact information and postal address to help complete the transaction;
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Other companies to help detect and prevent potentially illegal acts;
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Service providers under contract who provide elements of our services, provide separate services that are complimentary to your use of the Site or otherwise help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programmes and marketing activities);
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Other third parties to whom you explicitly ask us to send your information, or about whom you are otherwise explicitly notified and consent to when using a specific service;
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Law enforcement agencies, other governmental agencies or third parties in response to a request for information relating to a criminal investigation, alleged illegal activity or any other activity that may expose us, you or any other Handmade with Care user to legal liability. The personal information we disclose may include your User ID and User ID history, name, city, county, telephone number, email address, fraud complaints and bidding and listing history or anything else that we deem relevant;
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Other business entities, should we plan to merge with, or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information will be used contrary to this Privacy Policy, you will receive prior notice.
Data Controller
Handmade with Care is the data controller.
Security
We use standard industry practices, including encryption, passwords and physical security, to protect your personal information against unauthorised access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Site. We do not promise, and you should not expect, that your personal information or private communications will always remain private.
Third Parties
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to third parties, whether they are bidders, buyers, or sellers on the Site or other websites throughout the Internet, different rules may apply to their use or disclosure of your information. We do not control the privacy practices of such third parties and we encourage you to read their privacy policies and ask questions before you disclose your personal information to them.
General
We may amend this Privacy Policy at any time by posting the amended terms on the Site. All amended terms shall take effect automatically 30 days after they are initially posted on the Site.
Prohibited, Questionable & Infringing Items
Handmade with Care is here to help, but as an Handmade with Care seller you are ultimately responsible for making sure that selling your item(s) is allowed on Handmade with Care and is not prohibited in the eyes of the law.
Follow these steps to find out whether or not your item can be listed on Handmade with Care.
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These guidelines will help you properly list items and understand what is allowed on Handmade with Care.
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If you're still unsure about listing your particular item, look over the select list of items below. These guidelines and policies are designed to help you trade safely on Handmade with Care.
Remember that:
- "Prohibited" means that these items may not be listed on Handmade with Care.
- "Questionable" means that items may be listed under certain conditions.
- "Potentially Infringing" means that items may infringe certain copyrights, trademarks or other rights. For your protection, some items here are not allowed ("prohibited"), regardless of the legality of these particular items, because they almost always breach copyright or trademark laws.
Breaches of these policies may result in a range of actions, including:
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Listing cancellation
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Limits on account privileges
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Account suspension
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Forfeit of Handmade with Care fees on cancelled listings
When policy breaches occur, Handmade with Care emails the seller, as well as bidders, that a listing has been ended. You may contact Handmade with Care to report breaches by using the Contact Us links found on most policy pages.
Prohibited
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Alcohol
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Animals and Wildlife products
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Catalogue and URL Sales
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Counterfeit Currency and Stamps
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Counterfeit and trademarked items
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Credit cards
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Drugs and drug paraphernalia
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Embargoed items in prohibited countries
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Encouraging illegal activity
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Firearms and ammunition
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Fireworks
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Franking Machines
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Football tickets
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Government IDs , licences and uniforms
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Human parts and remains
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Lockpicking devices
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Lottery tickets
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Mailing lists and personal information
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Multi-level marketin, pyramix matrid and trading schemes
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Offensive material
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Prescription drugs and materials
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Recalled items
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Satellite, digital and cable tv decoders
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Shares and securities
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Stolen items
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Surveillance equipment
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Tobacco and tobacco products
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Travel tickets or vouchers
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Unlocking software
Questionable
- Adults only
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Artefacts
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Autographed items
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Batteries
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British titles
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CFC and HCFC Refrigerants
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Contracts and Tickets
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Electronics equipment food
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Hazardous restricted and perishable items
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Pesticides
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Plants and seeds
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Police-related items
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Pre-sales listings
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Slot machines
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Used clothing
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Used medical devices
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Weapons and knives
Potentially Infringing (copyright & trademark)
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Academic software
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Anti-circumvention policy
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Authenticity disclaimers
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Beta software
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Bootleg recordings
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Brand name misuse
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Comparison policy
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Complaint and informational media policy
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Copyright basics
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Downloadable media
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Encouraging infringement policy
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Faces, names and signatures
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Games software
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Image or description theft
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Importation of goods
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Keyword spamming
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Misleading titles
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Mod chips
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Movie prints
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OEM software
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Recordable media
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Replica and counterfeit items
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Promotional items
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Trademark and domain name basics
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Unauthorized copies
Important Notes:
Even if you offer to give away for "free" (rather than sell) a prohibited, questionable, or infringing item, this will not relieve you of potential liability. This applies to both seller and buyer.
This list is updated from time to time and is incorporated by reference into the User Agreement. Notice of updates to this list will be posted on the Handmade with Care website on the day of the change. These guidelines do not constitute legal advice and do not pertain to any particular company's practices. When in doubt, check with law enforcement agencies, a lawyer, the law or with a copyright, trademark or other rights owner for clarification.
Handmade with Care also has adopted certain policies regarding prohibited items, regardless of the legality of the item.
Please note that the above list is neither exhaustive nor restrictive.
Handmade with Care reserves the right to delete any listing that may breach any legal provision or the general principles and values of the Handmade with Care community, even if the legal provision or principles and values are not explicitly stated on the site.
You are a part of the Handmade with Care community, and, as a member, you should encourage the participation of sellers who are serious about their transactions and the posting of listings of objects that are lawful and genuine.
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