Baob'Arts is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from Baob'Arts. 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 Baob'Arts. This policy explains what is prohibited or restricted on Baob'Arts.
 

We have a zero tolerance policy for prohibited items, particularly those that promote, support or glorify hatred, those that promote, support or glorify violence, or are unlawful. Sellers deemed to violate this policy can be subject to immediate account suspension or termination, in accordance with our Terms of Use.

This policy is a part of our Terms of Use. By opening an Baob'Arts shop, you’re agreeing to this policy and our Terms of Use. If Baob'Arts has reason to believe you, your content, or your use of the Services violate our Terms, we may deactivate your content to some or all buyers or suspend or terminate your account (and any accounts Baob'Arts determines is related to your account) and your access to the Services. Generally, Baob'Arts will notify you that your content or account has been suspended or terminated, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

The following types of items are prohibited or restricted on Baob'Arts:

1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
2. 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.

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, including some representative examples below of what is allowed on Baob'Arts. We reserve the right to remove listings that we determine are not within the spirit of Baob'Arts. 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 Baob'Arts. 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 Baob'Arts.

More Details:

The following are examples of items that may not be sold on Baob'Arts:

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.
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 a 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 Baob'Arts, 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.

Baob'Arts prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. Baob'Arts 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 Baob'Arts receives proper notice from a legal authority, we may remove an item. You can find more information on prohibited medical drug claims here.

Examples of What is Allowed:
Arranged rum kits

2. Animal Products and Human Remains

Certain animal products are highly regulated and prohibited on Baob'Arts 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 Baob'Arts:

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). Click here for more details about which animals we prohibit.
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:

Example: Zebu horn salad spoon.

Mini bottle essential Oil

Example: Mini Bottle essential Oil

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 Baob'Arts.

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

1. Explosives (fireworks or sparklers)
2. Explosive precursors
3. Flammable items
4. Gases
5. Radioactive material
6. Toxic substances (such as poisons)
7. Individual or loose lithium ion batteries

Some ingredients are considered hazardous when found in certain contexts. For more information, please see our Seller Handbook articles about cleaning supplies and cosmetics products. We’ve also put together a list of ingredients that cannot be used in cosmetic items on Baob'Arts, here.

Recalled Items or Items that May Pose a Health or Safety Hazard

Items that have been recalled by governments or manufacturers are prohibited from being sold on Baob'Arts. A few examples of items that have been recalled are certain vintage Corning Ware percolators, lawn darts, and drop side cribs.

Items that may pose a health or safety hazard are prohibited, even if they have not been the subject of a recall. This would include, for example, items that present a choking, electrocution, or strangulation 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 Baob'Arts:

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 the law

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

We want Baob'Arts 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.

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Baob'Arts 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 Baob'Arts:

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.

Examples of What is Allowed:

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. Recognizing 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 Baob'Arts:

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.

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

We respect the law and expect Baob'Arts sellers to respect the law as well.

More Details:

Illegal items, items that promote illegal activity, and stolen items are not allowed on Baob'Arts. Neither are certain items that are subject to complex legal regulations or registration systems. We require sellers to follow all applicable laws for the items they list. Listings may be unavailable for users in regions where the item is restricted to purchase or sell.

While not exhaustive, examples of items which may be subject to regulation include:

1. Native American crafts
2. Plants and seeds
3. Children's products
4. Food products
5. India Restrictions

See the linked pages for more information on requirements and specific items Baob'Arts prohibits in these categories.

Because Baob'Arts 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, and listings may not facilitate or promote illegal acts. Examples of listings facilitating illegal acts include lock-picking or locksmithing devices, TV descramblers, items designed to covertly capture private data, and similar.

Unauthorized replicas or copies of items are prohibited on Baob'Arts. 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. Additionally, we may consider up-cycled or repurposed items, even if using authentic materials, to be counterfeit if they are making use of a brand's name, logo, or protected design without their permission. Examples of prohibited counterfeit or unauthorized goods include replica luxury and non-luxury items like bags and branded apparel.

Personal information may not be sold, for instance as part of a data bank or mailing list. The sale of personal or government documents, such as credit cards, identification cards, and licenses is also prohibited.

Given associated regulations, lottery tickets, cryptocurrency mining rigs, and current, exchangeable currency and postage may not be sold on Baob'Arts. We also prohibit the sale of financial instruments such as stocks, bonds, and other securities. Handmade items containing any of these items in a usable condition are also not allowed. Collectible postage or currency that priced at less than $1,000 are allowed unless subject to legal or other restrictions. Collectible currency may not be offered as 'unsearched' or as a mixed lot of unknown contents.

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

6. Internationally Regulated Items

Baob'Arts 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 Baob'Arts’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 Baob'Arts members must comply with our Sanctions Policy, regardless of their location.

Baob'Arts 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. Baob'Arts 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.

7. Pornography and Mature Content

As a creative community, we tend to be fairly liberal about what we allow on Baob'Arts, 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 Baob'Arts, 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 behavior for the sole purpose of sexual arousal or stimulation. We also prohibit used intimate items from being sold for these purposes.

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 Baob'Arts 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 Baob'Arts:

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
5. Items that promote or endorse harmful misinformation

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

For all other reports, or for any questions, please contact Baob'Arts 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 realize 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, October 22, 2014

https://www.bbc.com/news/magazine-29644591

The Native American Mascot: Tribute or Stereotype? Psychology Today, 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, August 9, 2013

http://www.theatlantic.com/national/archive/2013/08/keeping-kids-from-toy-guns-how-one-mother-changed-her-mind/278518/

Toy Guns: Do They Lead to Real-Life Violence? WebMd, December 1, 2011

http://www.webmd.com/parenting/features/toy-guns-do-they-lead-real-life-violence

Art And Violence, The Huffington Post, September 18, 2014

http://www.huffingtonpost.com/ian-buruma/art-and-violence_b_5837648.html

When the master of peace did violence, The Guardian, October 25, 2003

http://www.theguardian.com/culture/2003/oct/25/1