Prohibited Items Policy

The Mystical Marketplace (TMM) is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from being sold. 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 TMM. This policy explains what is prohibited or restricted on TMM.

This policy is a part of our Seller Terms of Use. By opening a shop with us, you’re agreeing to this policy and our Terms of Use.

The following types of items are prohibited or restricted (keep scrolling for additional details):

  1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
  2. Live Animals, Animal Products and Human Remains
  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 TMM. We reserve the right to remove listings that we determine are not within the spirit of TMM. Violating this policy may result in the member's selling privileges being suspended and/or terminated.

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

Alcohol and drugs are prohibited on TMM. 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 are claimed to have an intoxicating or healing effect. Possible legal restrictions aside, these substances are not in the spirit of TMM.

More Details:

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

  1. Alcohol.
  2. Tobacco products, smokeable products, e-cigarettes, and e-liquid.
  3. Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality. This includes, but is not limited to, CBD oil and products.*
  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, regulated medical devices, and pharmaceuticals.

Restrictions on descriptions of purported health benefits:

A medical drug claim is statement or suggestion that an item prevents, heals, or treats a medical condition or disease. Medical drug claims are subject to varying degrees of regulation. If you make claims about the purported health benefits of an item for sale on TMM, we urge you to speak with a qualified expert about which regulations apply to you. It is your responsibility to know and comply with all laws and regulations that apply to the items you sell.

TMM prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. TMM may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. We also remove content that promotes prohibited medical claims. If TMM receives proper notice from a legal authority, we may remove an item. You can find more information in our Medical Drug Claims and Disclosures Policy.

Examples of What is Allowed:

  • Beer brewing kits
  • Baked goods containing alcohol
  • Hookahs
  • Tobacco pipes
  • Empty alcohol bottles and items made from them

Resources: Small Business Assistance from the Food & Drug Administration ; US FDA and FTC for information about medical drug claims; US Bureau of Alcohol, Tobacco, Firearms and Explosives

2. Animal Products and Human Remains

Certain animal products are highly regulated and prohibited on TMM due to the risk of harm to live, companion, or endangered animals.

More Details:

The following are examples of animal products that may not be sold on TMM:

  1. Live animals.
  2. Items created using any endangered or threatened animal species. We define these as animal species designated as threatened or endangered by the US Endangered Species Act or listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
  3. Items made from cat and dog parts or pelts as defined by US Federal Law .
  4. Ivory or bones from ivory-producing animals, including tusks, elk ivory, fossilized ivory, and wooly mammoth ivory.
  5. Items made from human remains or products from the human body, except for teeth, fingernails, and hair.

Examples of What is Allowed:

  • 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 for specific information about importing and exporting species that may be threatened. 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 and legal reasons, we prohibit certain dangerous items from our marketplace.

More details:

Hazardous Materials

Due to the potential harm caused by hazardous materials, as well as complex legal and shipping regulations surrounding such materials, hazardous materials are prohibited on TMM.

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

  • Explosives (fireworks or sparklers)
  • Flammable items
  • Gases
  • Radioactive material
  • 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 TMM. A few examples of items that have been recalled are certain vintage Corning Ware percolators, lawn darts, and drop side cribs.

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 item intended to be used as a weapon to inflict harm. The following items are generally not allowed on TMM:

  • Guns, knives, or other blatant weapons, even if they are vintage.
  • Imitation firearms and weapons that look real or are prohibited by US law

Examples of What is Allowed:

  • Culinary knives or other knives used as tools
  • Certain ceremonial knives if not prohibited above
  • Letter openers
  • Toy slingshots

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) ; Australian Competition & Consumer Commission's (ACCC) Product Safety ; ACCC Product Bans ; European Commission's Consumer Product Safety ; US Consumer Product Safety Commission's Resellers Guide to Selling Safer Products ; Health Canada Consumer Product Safety

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

We want TMM 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.

More Details:

TMM 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”). We also prohibit items or content that promote organizations or people with such views.

The following items are not allowed on TMM:

  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 anti-gay, anti-immigrant, or Holocaust denial agendas.
  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 TMM:

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”

Resources: Federal Bureau of Investigation’s webpage on Hate Crimes ; Southern Poverty Law Center

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

We respect the law and expect TMM sellers to respect the law as well.

More Details:

Illegal items, items that promote illegal activity, and stolen items are not allowed on TMM. Neither are certain items that are subject to complex legal regulations or registration systems. Because TMM 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, just as what is legal in one state may be illegal in another. All forms of illegal activity are strictly prohibited. Listings may not facilitate or promote illegal acts.

Counterfeit or unauthorized items are prohibited on TMM. We consider counterfeit or unauthorized goods to be items that imitate an authentic good, particularly by using a brand’s name, logo, or protected design without the brand owner’s consent. Examples of prohibited counterfeit or unauthorized goods include replica luxury bags and branded apparel.

Additionally, due to complex legal restrictions that vary by location, TMM does not permit the sale of real estate, housing, 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

TMM 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 laws and regulations of the country of destination as well as your local laws.

More Details:

When buying and selling internationally, you should comply with your local laws and be aware that other countries may have their own restrictions. You might be prohibited from exporting or importing certain items under international laws and regulations. Some transactions may require licenses, permits, or other documentation. If you have questions about how to comply with the law, we recommend that you speak to a qualified professional.

When you use TMM’s services, you are also responsible for complying with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC") of the US Department of the Treasury. All TMM members must comply with these sanctions, regardless of their location.

TMM reserves the right to request that sellers provide additional information, disclose an item's country of origin in a listing, or take other steps to meet compliance obligations.

You 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. TMM has no authority or control over the independent decision-making of these providers.

Examples of What is Allowed:

Sanctions or compliance programs may have certain exceptions to their restrictions. For example, while OFAC broadly prohibits transactions involving goods that originate from sanctioned areas, there are exceptions for informational materials such as publications, films, posters, phonograph records, photographs, tapes, compact disks, and certain artworks. Items that don’t originate from a sanctioned area but make a reference to a sanctioned area are generally permitted.

Items that aren’t from Cuba, but are Cuban style, such as “Cuban Style Fedora Hats”

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

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 TMM, 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 be respectful of differing sensibilities.

More Details:

Pornography of any sort is prohibited on TMM, whereas mature content is restricted.

Although pornography can be difficult to define, an item generally qualifies as pornography when it contains extreme or explicit version of sexual content.

We define mature content as depictions of human genitalia, sexual activity or content, profane language, sexual wellness items, violent images, and explicit types or representations of taxidermy. Not all nudity is considered mature, and examples 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 the explicitness of depictions of sexual activity or content.

Mature content must comply with the following policies:

  • Listings containing mature content must be tagged with "mature."
  • Mature content may not appear in the public areas of your account, including but not limited to username, avatar, or shop home.
  • 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.


Examples of What is Allowed Without Restriction:

Non-pornographic nude photography and depictions of breasts and breastfeeding.

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

We want TMM 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.

More Details:

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.

The following items are not allowed on TMM:

  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)

We hope these guidelines are helpful, but we cannot catalog every permitted or prohibited item. If you see something on TMM 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 TMM. To report copyright or intellectual property infringement, please follow the instructions in TMM's IntellectualProperty Policy.

For all other reports, or for any questions, please contactTMM Support.

*Why cant I sell CBD oil and products? There is a lot of legal gray area in many states about the legality of CBD and many states require certain sources or standards be applied. TMM has no way of testing the accuracy of sellers claims about their sources or standards. In addition, the site does not currently have the capability of preventing buyers from states where certain CBD products are illegal from buying them on the marketplace if they are available for sale. So we have made the decision not to allow CBD for the present time. If state laws or site capabilities change, we may begin allowing CBD at a future time.


My Wishlist (0)
Compare list (0)
My Cart (0)