Sellers are expected to conduct proper research to ensure that the items posted to PublicMarketspace.com are in compliance with all local, state, national, and international laws. The Public Marketspace (PM) Member audience is 18+ older, and these laws of compliance will apply accordingly.
If we determine that the content of a product detail page or listing is prohibited, potentially illegal, or inappropriate, PM reserves the right to suspend any Vendor Profile until full resolution is determined, or we may summarily remove or alter it. PM also reserves the right to make judgments about whether or not content is appropriate.
Intellectual Property
Recopied media. Recopied media infringe upon copyrights and trademarks and are illegal to sell. Unauthorized copies, dubs, and duplicates of any copyrighted material are prohibited on PM. This includes:
Books – Unauthorized copies of books are prohibited.
Music – Bootlegs, unauthorized live concerts, unauthorized soundboard recordings, unauthorized merchandise, etc., are prohibited.
Movies – Unauthorized copies of movies in any format are prohibited. Unreleased/pre-released movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorized props are also prohibited.
Photos – Unauthorized copies of photos are prohibited.
Radio programs & Concerts – Unauthorized recordings or copies of recordings of radio programs are prohibited.
Software – Recopied or duplicated software in any format is prohibited. Academic, OEM, backup, fulfillment, promotional, beta (pre-release), unauthorized freeware/shareware, and “soft-lifted” versions of software are prohibited.
Television programs – Unauthorized copies of television programs (including pay-per-view events), programs never broadcast, unauthorized scripts, unauthorized props, and screeners are prohibited.
Video games – Video games sold through PM must be full retail versions. Recopied and transferred video games are prohibited. Mod chips, silver disks, video game emulators, Sega boo-disks, game enhancers, unauthorized video game compilations, and unauthorized accessories are also prohibited.
Promotional media. Versions of media that are produced and distributed for promotional use only are not authorized for retail distribution or sale; thus they are prohibited on PM. Some examples of promotional versions of media are: promo books (advance reading copies, galley proofs, and uncorrected proofs), promo music CDs, screener films, and promo versions of software).
Replicas of trademarked items. Unauthorized replica, counterfeit, and “knock-off” merchandise is prohibited.
Rights of publicity. Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Vendor Profile pictures, product endorsements and merchandise such as posters, mouse pads, clocks, clothing and unauthorized celebrity image collections.
Teacher Editions/International Editions of Textbooks. Some editions of textbooks and supplemental textbook materials (i.e. Solutions Manuals) are prohibited. Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Unauthorized and unlicensed merchandise. All items sold through PM must be commercially produced and authorized or licensed as a retail product.
Franchise products and services. Franchise Vendors may promote a business on PM according to the allowances of the parent company, but we recommend that franchisees fully understand the marketing restrictions and link to their ‘other’ or appropriate business website for proprietary reasons.
Other Prohibited Items:
Adult Entertainment Products. Any product sexual in nature is prohibited from PM. This includes sexual aid or entertainment films, books, magazines, aid devices and “adult-only” novelty items that are primarily sold through adult-only novelty stores and erotic boutiques are not permitted. Prophylactics and other over-the-counter contraceptives may be listed; product images that contain nudity, graphic titles, and descriptions must be sufficiently concealed with censor strips.
Pornography. Pornography, X-rated movies, home-porn, hard-core material including magazines that depict graphic sexual acts, amateur porn are prohibited on PM. Unrated erotic videos and DVDs, properly censored erotic artwork and magazines of the type you’d find at a typical bookstore are permitted; product images that contain nudity, graphic titles, and descriptions must be sufficiently concealed with censor strips.
Domain names. Because of the legal complexities regarding the sale of domain names and the potential for trademark or copyright infringement, the sale of Internet domain names is prohibited.
Firearms, ammunition, and weapons. PM does not permit the listing of projectile and concussive weapons that employ gunpowder or explosives. Prohibited items include, but are not limited to: ammunition, rifles (excluding air rifles), shotguns, pistols, other firearms, fireworks, automatic knifes, throwing stars, spring-loaded knives, switchblades, crossbows, hunting bows, gravity-assisted knives, butterfly knives, throwing knives, nunchaku, weighted clubs, brass knuckles, BB guns, paint ball guns, pellet guns, tasers, stun guns, blowguns, and weapons designed to be concealed.
Firearm Toys. Toys that fire paintballs, rubber pellets or foam darts are permitted for promotion according to local, state, federal and international laws. PM recommends that Vendors link to their other business website for sales.
Illegal items. Items sold on the PM must adhere to all applicable laws. This includes the sale of items by individuals outside the United States. Some items that may not be sold on PM include: Cuban cigars, stock and securities, lottery tickets (including grab bags and raffles), illicit drugs, prescriptive devices and drugs, cable descramblers, lock-picking devices, smart cards, and any product which may lead to the production of an illegal item or illegal activity. Packaged food that meets all applicable federal, state, and local standards for sale to consumers is permitted.
Items that infringe upon an individual’s privacy. PM holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon an individual’s privacy, are prohibited. Additionally, the sale of marketing lists (bulk e-mail lists, direct-mail marketing lists, etc.) is prohibited.
Living creatures and unauthorized/illegal wildlife products. The sale of live creatures and illegal wildlife products is prohibited; this includes any type of pet or livestock. The sale of unauthorized wildlife items is prohibited; this includes illegal animal byproducts (skins, organs, tissue, bones, feathers, etc.) of animals and endangered species. The sale of plants, live shellfish and crustaceans is permitted, as long as the seller adheres to all state and federal laws concerning the delivery and sales of these perishable food items.
Multi-level marketing, pyramid, and matrix programs. Vendor applications of Franchises and/or franchised brands approved on a case-by-case limited basis.
Offensive material. PM reserves the right to determine the appropriateness of listings posted to our site. Examples of offensive items are soiled undergarments, crime-scene photos, and human organs and body parts. Be aware of cultural differences and sensitivities and be careful to post items that are appropriate for our global community.
Real estate. Real estate laws and commission structures differ dramatically from state to state. Because of the legal complexities regarding the sale of real estate, real estate is not permitted for sale on PM.
Recalled products. Products that have been recalled by the Consumer Product Safety Commission (CPSC) are prohibited. The CPSC is a federal regulatory agency that is committed to ensuring that only safe consumer products are available to the public. For more information on recalled items, visit the U.S. Consumer Product Safety Commission Web site.
Satellite. Any item that enables unauthorized transmission/reception of a satellite broadcast/signal is prohibited; this includes H cards, test cards, smart cards, etc.
Stolen goods. If PM learns that an item listed on our Web site is not the property of the seller, or was obtained through illegal means, we will immediately suspend that Vendor Profile, remove the listing, and aid prosecutors to the full extent of the law.
Tobacco and tobacco products. Cigars, cigarettes, and other tobacco products are prohibited.
Alcoholic Beverages
Wine, Beer, Spirits and other alcoholic beverages. Local, state, and national government agencies heavily regulate the transaction of wine and other alcoholic beverages. Conducting sales of alcoholic beverages can be legally complex in nature; therefore, it is prohibited on PM.
To the extent of local, state and national laws, PM Vendors may promote alcoholic beverages on their profile as part of a small business; as a distillery, as a wine maker, as a brewer, a brew pub owner, a wine store owner, and as a market owner. PM Vendors can link to their other business website for the sales of all alcoholic beverages.
Selling Software
Only full retail versions of software may be sold through PM. Selling software that has been copied or duplicated in any format is prohibited. Additionally, selling academic, OEM, backup, promotional, or beta (pre-release) software or unauthorized freeware or shareware is prohibited.
Duplicated software: This is software that has been copied onto CD-R, CD-W, floppy disk, or any blank media not replicated by the original manufacturer.
Academic software: This is software sold to students and faculty, and to educational institutions expressly for use by those individuals. Since PM.com has no way of verifying that the seller or buyer meets these requirements, the sale of this type of software is prohibited on PM.
OEM software: PM defines Original Equipment Manufacturer (OEM) as the proprietor of software for sale that comes bundled with, installed on, or packaged with computer hardware. This software is licensed for use only with the specific hardware. Therefore, you cannot sell the software on PM unless you are also selling the hardware to the same person.
Promotional: This is software distributed freely by manufacturers to promote their products.
Beta (pre-release): This is software distributed for the purpose of troubleshooting, testing, and evaluation.
Freeware/shareware: This is software distributed freely by the copyright owner.
Expired Subscription-based Software: This is software that is no longer usable as it has passed its subscription time period.
Sale of Used Software:
Many PC software products require first-time buyers to register their product with the manufacturer using an activation code, license key, or password upon installation. If the original owner decides to sell the software, he/she must transfer the original disc and ensure that there are unregistered or transferable license keys to provide the buyer. In this case, the offer must be listed in “Used” condition and the offer notes must detail the condition of the item and license keys.
If the license cannot be transferred and/or the customer will not be eligible for technical support or upgrades, it is prohibited for sale.
Prohibited Items
Sellers are expected to conduct proper research to ensure that the items posted to PublicMarketspace.com are in compliance with all local, state, national, and international laws. The Public Marketspace (PM) Member audience is 18+ older, and these laws of compliance will apply accordingly.
If we determine that the content of a product detail page or listing is prohibited, potentially illegal, or inappropriate, PM reserves the right to suspend any Vendor Profile until full resolution is determined, or we may summarily remove or alter it. PM also reserves the right to make judgments about whether or not content is appropriate.
Intellectual Property
Other Prohibited Items:
Alcoholic Beverages
Wine, Beer, Spirits and other alcoholic beverages. Local, state, and national government agencies heavily regulate the transaction of wine and other alcoholic beverages. Conducting sales of alcoholic beverages can be legally complex in nature; therefore, it is prohibited on PM.
To the extent of local, state and national laws, PM Vendors may promote alcoholic beverages on their profile as part of a small business; as a distillery, as a wine maker, as a brewer, a brew pub owner, a wine store owner, and as a market owner. PM Vendors can link to their other business website for the sales of all alcoholic beverages.
Selling Software
Only full retail versions of software may be sold through PM. Selling software that has been copied or duplicated in any format is prohibited. Additionally, selling academic, OEM, backup, promotional, or beta (pre-release) software or unauthorized freeware or shareware is prohibited.
Sale of Used Software:
Many PC software products require first-time buyers to register their product with the manufacturer using an activation code, license key, or password upon installation. If the original owner decides to sell the software, he/she must transfer the original disc and ensure that there are unregistered or transferable license keys to provide the buyer. In this case, the offer must be listed in “Used” condition and the offer notes must detail the condition of the item and license keys.
If the license cannot be transferred and/or the customer will not be eligible for technical support or upgrades, it is prohibited for sale.