Locally Made is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from Locally Made. 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 Locally Made. This policy explains what is prohibited or restricted on Locally Made.
This policy is a part of our Terms of Use. By opening an Locally Made shop, you are agreeing to this policy and our Terms of Use.
The following types of items are prohibited or restricted on Locally Made:
- Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
- Animal Products and Human Remains
- Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
- Hate Items: Items that Promote, Support, or Glorify Hatred
- Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
- Internationally Regulated Items
- Pornography and Mature Content
- 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.
Art and history can be provocative, emotional, and divisive. There are some topics on which we may never reach a consensus as a community, and that is okay. In the words of Joyce Carol Oates, ‘art should not be comforting; for comfort, we have mass entertainment and one another. Art should provoke, disturb, arouse our emotions, expand our sympathies in directions we may not anticipate and may not even wish.’
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. We reserve the right to remove listings that we determine are not within the spirit of Locally Made. Violating this policy may result in the member’s selling privileges being suspended and/or terminated.
If you are unsure about your listing contact us through Locally Made Messages
1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
Alcohol and drugs are prohibited on Locally Made. 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 Locally Made.
More Details:
The following are examples of items that may not be sold on Locally Made:
- Alcohol.
- Tobacco products, smokable products, e-cigarettes, and e-liquid.
- Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.
- Drug paraphernalia, including, for example: items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporisers and their components.
- 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 Locally Made, 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.
Locally Made prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. Locally Made 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, such as anti-vaccine items. If Locally Made receives proper notice from a legal authority, we may remove an item. You can find more information on prohibited medical drug claims here.
2. Animal Products and Human Remains
Certain animal products are highly regulated and prohibited on Locally Made due to the risk of harm to live, companion, or endangered animals.
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The following are examples of animal products that may not be sold on Locally Made:
- Live animals.
- 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). Click here for more details about which animals we prohibit.
- Items made from cat and dog parts or pelts as defined by US Federal Law.
- Ivory or bones from ivory-producing animals, including tusks, elk ivory, fossilised ivory and woolly mammoth ivory.
- Items made from human remains or products from the human body, except for teeth, fingernails, and hair.
We expect all of our members to follow their local laws. If you are delivering 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 delivery regulations surrounding such materials, hazardous materials are prohibited on Locally Made.
While not exhaustive, the following materials are examples of prohibited hazardous materials:
- Explosives (fireworks or sparklers)
- Explosive precursors
- 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 Locally Made. 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 is 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 Locally Made:
- Guns, knives, or other blatant weapons, even if they are vintage. See here for more information.
- Imitation firearms and weapons that look real or are prohibited by US law
4. Hate Items: Items that Promote, Support or Glorify Hatred
We want Locally Made to be a community where people of all backgrounds, nationalities, religions, political affiliations and even different types of artistic taste and humour feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others.
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Locally Made does not allow items or listings that promote, support or glorify hatred towards 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 organisations or people with such views.
The following items are not allowed on Locally Made:
- 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.
- Items that contain racial slurs or derogatory terms in reference to protected groups.
Some items may contain symbols or terms associated with hate groups in a context unrelated to the group itself. We understand that these items are subject to a variety of valid and often conflicting interpretations of their educational, historical, and artistic value. Recognising that there may be no consensus on their value and reserving the right to evaluate such items on an individual, case-by-case basis, the following types of items are generally allowed on Locally Made:
Co-opted symbols, such as the swastika, when used in peaceful or religious context (often in Hinduism, Buddhism, and Jainism). The item itself must possess features that clearly depict its cultural or religious origin or purpose.
A note on swastikas:
We are sensitive to the fact that there are many cultures throughout the world which use the swastika for legitimate purposes completely independent of Nazism. However, due to the widespread recognition of the Nazi swastika as a hate symbol, we have decided to only allow swastikas when part of a clear religious or cultural context.
5. Illegal Items, Items Promoting Illegal Activity and Highly Regulated Items
We respect the law and expect Locally Made sellers to respect the law as well.
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Illegal items, items that promote illegal activity, and stolen items are not allowed on Locally Made. Neither are certain items that are subject to complex legal regulations or registration systems. Because Locally Made 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. Listings may not facilitate or promote illegal acts.
Counterfeit or unauthorised items are prohibited on Locally Made. We consider counterfeit or unauthorised 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 unauthorised goods include replica luxury bags and branded apparel.
Additionally, due to complex legal restrictions that vary by location, Locally Made 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, children’s products, and food products.
6. Internationally Regulated Items
Locally Made 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.
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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 licences, 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 Locally Made’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 Locally Made members must comply with our Sanctions Policy, regardless of their location.
Locally Made 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 programmes. Locally Made has no authority or control over the independent decision-making of these providers.
Sanctions or compliance programmes 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 discs, and certain artworks. Items that do not originate from a sanctioned area but make a reference to a sanctioned area are generally permitted.
Items that are not from Cuba, but are Cuban style, such as “Cuban Style Fedora Hats”
7. Pornography and Mature Content
As a creative community, we tend to be fairly liberal about what we allow on Locally Made, but we draw the line at pornography. Beyond that, we restrict mature content so that people who are offended by this kind of material do not 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 Locally Made, whereas mature content is restricted.
Although pornography can be difficult to define, an item generally qualifies as pornography when it contains printed or visual material that explicitly describes or displays sex acts, sex organs, or other erotic behaviour for the sole purpose of sexual arousal or stimulation.
We define mature content containing printed or visual depictions of human genitalia, sexual activity or content, profane language, sexual wellness items, violent images (within reason; see also Violent Items), and explicit types or representations of taxidermy. Click here to read more about how to properly list and tag mature content. 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.
8. Violent Items: Items that Promote, Support or Glorify Violence
We want Locally Made 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 Locally Made:
- Items that glorify human suffering or tragedies, including items that commemorate or honour serial killers
- Items that attempt to exploit natural disasters or human tragedies
- Items that encourage, glorify, or celebrate acts of violence against individuals or groups
- Items that encourage self-mutilation, starvation or other self-harm
- Items that promote or endorse harmful misinformation
We hope these guidelines are helpful, but we cannot catalogue every permitted or prohibited item. If you see something on Locally Made 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 Locally Made. To report copyright or intellectual property infringement, please follow the instructions in Locally Made’s Intellectual Property Policy.
For all other reports, or for any questions, please contact Locally Made Support.
Reading Materials
In crafting these policies, we found a number of thoughtful essays and articles. Here are a few that we found illuminating:
Sexism, Racism and Other -isms in Library Materials (1973),
http://ethics.iit.edu/ecodes/node/3748
‘It is inevitable in the give and take of the democratic process that the political, the moral, or the aesthetic concepts of an individual or group will occasionally collide with those of another individual or group. In a free society each individual is free to determine for himself what he wishes to read, and each group is free to determine what it will recommend to its freely associated members. But no group has the right to take the law into its own hands, and to impose its own concept of politics or morality upon other members of a democratic society. Freedom is no freedom if it is accorded only to the accepted and the inoffensive …. We realise that application of these propositions may mean the dissemination of ideas and manners of expression that are repugnant to many persons. We do not state these propositions in the comfortable belief that what people read is unimportant. We believe rather that what people read is deeply important; that ideas can be dangerous; but that the suppression of ideas is fatal to a democratic society. Freedom itself is a dangerous way of life, but it is ours.’
How the world loved the swastika – until Hitler stole it, BBC News Magazine, 22nd October 2014
https://www.bbc.com/news/magazine-29644591
The Native American Mascot: Tribute or Stereotype? Psychology Today, 21st May 21 2012 https://www.psychologytoday.com/blog/science-small-talk/201205/the-native-american-mascot-tribute-or-stereotype
Keeping Kids From Toy Guns: How One Mother Changed Her Mind, The Atlantic, 9th August 2013
Toy Guns: Do They Lead to Real-Life Violence? WebMd, 1st December 2011
http://www.webmd.com/parenting/features/toy-guns-do-they-lead-real-life-violence
Art And Violence, The Huffington Post, 18th September 2014
http://www.huffingtonpost.com/ian-buruma/art-and-violence_b_5837648.html
When the master of peace did violence, The Guardian, 25th October 2003