Academic Software
Academic software is software sold at significantly discounted prices to
students, faculty members, and educational institutions. Do not list
academic copies of software on BCS On-Line Yard Sale Site unless you are
an authorized educational reseller, an educational institution, a
student, or a faculty member. If you are authorized to sell academic
software, you are required to state so in your listing
Alcohol
Live
Animals
BCS does not permit sales of live animals or pets
on site. BCS permits sales of tropical fish and snails, provided that
the seller guarantees in the listing that the animals will be packaged
safely and shipped via next day delivery. BCS also allows sales of
lobsters, crabs and other similar items that are live when sold but
intended for human consumption, as well as live insects, crickets, and
worms used as bait or feeder food for pets.
Batteries
Federal law regulates the sale of batteries containing
mercury, and pursuant to that law.
BCS does not permit the listing of the following batteries containing
mercury, the sale of which is prohibited in the United States:
mercuric oxide button batteries (button-shaped batteries typically used
in vintage camera equipment)
alkaline-manganese batteries containing mercury
zinc-carbon batteries containing mercury
Catalog
and URL Sales
Listings of URLs that offer buyers the opportunity to
purchase items outside of the BCS site are prohibited. Listings of
catalogs from which buyers may directly order items are prohibited. In
these situations, the seller will typically offer the catalog for low
bid prices and complete sales off site for items found in the catalog.
Contracts and Tickets
Before
listing an item, you should carefully read any contracts that you have
entered into that might limit your right to sell your item on line. Some
items, such as airline tickets, have terms printed on the item that may
limit your ability to sell that item. In other cases, such as when you
are distributing a company's products, you may have signed a separate
contract with them.
Credit
Cards
Only listing of inactive credit or debit cards is
permitted, provided that the card has been expired for at least 10
years. (This time frame was selected to define "collectible"
credit cards). Unexpired,
active credit or debit cards cannot lawfully be transferred from one
person to another, and therefore such items may not be listed. The
transfer of recently expired credit cards raises privacy concerns and
creates the potential for abuse, and therefore such items are also
prohibited on the site. If posting a picture of the card, you should
cover or block out at least part of the name and/or credit card number.
Older, expired credit cards originally issued by credit card
companies, gas companies, stores, and banks may have some collectible
value. BCS will permit the
listings of such expired cards, provided that the expiration date on the
face of the card is at least 10 years old. Sellers should also examine
the terms and conditions on the card to ensure that the sale of the
expired card is not prohibited.
Drugs
and Drug Paraphernalia
Narcotics, steroids, or other controlled substances
(including any substance including in Schedules I, II, III, IV or V of
the Uniform Controlled Substances Act, 21 U.S.C. 801 et seq.) may not be
listed on site. Further, gamma hydroxybutyrate (GHB), which is unlawful
in many jurisdictions, may not be listed. Such paraphernalia includes
all items that are primarily intended or designed for use in
manufacturing, concealing, or using a controlled substance. A partial
list of these banned items includes:
Pipes
made from metal, wood (except briar), acrylic, glass, stone, plastic, or
ceramic.
Water pipes, chamber pipes, carburetor pipes, electric pipes, ice pipes,
bongs, chillums.
Wired cigarette papers
Electronics
Equipment
Generally, scanning receivers and radios may be listed on
site. However, you may not list any scanning receiver or radio that
receives cellular transmissions or has "full 800mz" coverage.
Embargoed
Goods, Prohibited Countries
Various U.S. agencies have sanctions in place that
substantially regulate or ban all trade with particular countries,
including Cuba, Iran, Iraq, Libya, North Korea, and other countries. For
example, under U.S. law, trade in items made in Cuba may not be lawful,
depending on the nature of the item, when it was manufactured, and when
it left Cuba, among other factors. International sellers, and sellers of
items made outside the United States, should periodically review current
information about which countries may be affected by sanctions enforced
by the Office of Foreign Assets Control of the U.S. Department of the
Treasury.
Faces,
Names & Signatures
Do
not list an item containing the image, likeness, name, or signature of
another person unless the product was made or authorized by that person.
(Examples: A
scanned copy of an original picture of a baseball player, which original
was signed by that player. A light switch cover bearing Garth Brooks'
name)
Food
Federal
and State Regulations: The sale of food is regulated by
the federal government and most state governments, and users that list
food and food-related products should familiarize themselves with these
laws before listing such items. For example, there are federal and state
laws that require labels to state, among other things, the food's
ingredients, nutrition information, and place of manufacture. Virtually
all states require food manufacturers and sellers to register with or
obtain a license from the state. There are also restrictions on the
import and export of many food products.
IDs and
Licenses
Items
that claim to be, or to look similar to, official government
identification documents or licenses, such as birth certificates,
drivers licenses or passports. Further, completed applications for such
documents containing personal information may not be listed. Expired
United States passports that were issued more than 20 years prior to the
date of sale will be permitted.
Current vehicle license plates, or plates that claim to resemble such
current licenses are prohibited.
Collectible vehicle license plates that are at least 5 years old may be
listed.
Government vehicle license plates may not be listed at any time.
VIN Plates, VIN Plate Rivets, Vehicle Titles, Vehicle Title Stock are
prohibited.
Vehicle Titles may only be referenced in listings when accompanied by a
functioning vehicle.
Any item that is primarily used to alter identification documents,
licenses, or plates.
Fake identification cards, or any items that are designed for the
manufacturer of such cards are prohibited.
Importation
of Goods Into the United States
If you are importing goods into the United States from
another country, either by selling or buying items listed on the BCS
site. You are responsible for ensuring that the importation of that type
of product complies with applicable U.S. laws. These laws often are
complex, and issues will vary depending upon exactly what item is
involved and the countries in which the buyer and seller reside. Here
are four reasons to check applicable laws before importing goods into
the United States:
U.S. Customs could stop and seize your product at the U.S. border, and
you could be fined or face other liability because of the seizure. You
could face legal liability from the owners of trademarks, copyrights, or
other rights that might be involved. You could face other civil or
criminal liability, depending upon the type of product involved.
International
Trading - Buyers
Importing items into the United States can be
a challenge - doing a little homework before you complete your purchase
can save a lot of grief later. Each country and purchase is different
International
Trading – Sellers
If you're thinking about expanding your horizons
by selling items to users in other countries, you need to do your
homework to ensure that your transaction doesn't violate laws that may
govern such sales. These laws are complex, and issues will vary
depending upon exactly what item is involved and the countries where the
buyer and seller reside. You probably won't encounter difficulties
occasionally shipping most small dollar value items to high bidders in
most countries; in many cases, the mailing service you use to send the
item (such as the U.S. Postal Service or UPS) can help you fill out the
necessary paperwork. Certain types of items, though, can cause
unexpected problems in some countries, and some planning can avoid
unexpected problems even with simple transactions.
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Lottery
Tickets
Mailing
Lists and Personal Information
The
sale of bulk email or mailing lists that contain names, addresses, phone
numbers, or other personal identifying information is not permitted. Any
tools or software designed predominantly to send unsolicited commercial
email (UCE or "spam") will not be permitted. Additionally, the
sale of items containing the social security number of any living person
is not permitted and does not allow listings that show personal
information of third parties such as addresses and telephone numbers.
Items that contain social security numbers of deceased persons, such as
genealogy related software or antique social security cards, may be
listed. Listings of items that include a social security number, such as
old social security cards or old records, must specifically state that
the social security numbers do not belong to any living person.
35mm/70mm
Movie Print Policy
35mm and 70mm movie prints, including 35mm and
70mm motion picture shorts, such as cartoons, may not be listed. 35mm or
70mm movie prints are the reels of film used by movie theatres to show
movies. Exception: You are allowed
to list 35mm and 70mm prints if you are the copyright owner of the
underlying material. If you are the copyright owner of the material you
are offering, make sure you say so in your listing!
OEM
Software
Do not list "OEM" or
"bundled" copies of software on eBay unless you are selling it
with computer hardware.
Original Equipment Manufacturer (OEM), or bundled software, is software
that is obtained as part of the purchase of a new computer. OEM software
licenses usually prohibit the purchaser from reselling the software
without the computer or, in some cases, without any computer hardware.
Offensive
Material
It is important t respect and learn from diversity
and BCS is sensitive to items that may be offensive to some users.
Listings that promote hate, violence or racial intolerance (or
organizations dedicated to such notions) have no place in a true
community-we're all here to trade, do business, and have fun with each
other.
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Pesticides
The
United States Environmental Protection Agency (EPA) regulates the sale,
distribution, and use of pesticides and pesticide products under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
sec. 136 to 136x). It is against the law to sell unregistered or
misbranded pesticides in the United States. Generally, it also is
illegal to sell suspended or canceled pesticides. This means that if you
try to sell a pesticide product or container on -line that is
mislabeled, not registered with the EPA, or no longer registered with
the EPA, you could be breaking the law and subject to criminal or civil
penalties, including fines. Some products that claim to be alternatives
to traditional pesticides such as Chinese or Insecticidal Chalk, are in
fact pesticides that require registration.
Plants
and Seeds
Some federal, state, and local laws prohibit the sale of
certain types of plants or seeds that are considered "exotic"
or "noxious" weeds. The United States Department of
Agriculture prohibits the importation and interstate movement of
federally defined noxious weeds and seeds. Besides reviewing the list of
prohibited noxious weeds and seeds, buyers and sellers of plants or
seeds should also review the state-by-state list of regulated noxious
weeds, and consult with state and local authorities to determine whether
the items they are considering buying or selling are legal in their
state. Many state laws limit the time period after packaging or
germination testing within which agricultural or vegetable seeds may be
sold. If listed on the packaging of the seeds, sellers should include in
their item description the dates of packaging and germination testing.
Buyers and sellers of packaged seeds should consult with state and local
authorities to determine whether the items they are considering buying
or selling are lawful for distribution in their states.
Police-Related
Items
Generally, you may not list law enforcement badges
or official law enforcement equipment from any public entity, including
badges issued by the government of any country. This prohibition extends
to police badges and official equipment from federal, state or local law
enforcement agencies of the United States. Many organizations are
concerned that individuals may use a badge or other police-related item
to misrepresent themselves as a law enforcement officer to the public.
In many cases, state and federal laws prohibit unauthorized individuals
from even possessing a law enforcement badge. For example, one federal
law specifically prohibits "the manufacture, sale(s), or possession
of any federal badge without the specific authority of the head of the
issuing department or agency of the US government...." 18 U.S.C.
701
Postage
Meters
The sale of postage meters by unauthorized dealers
violates United States Postal Service Regulations. Postage meters are
devices that can be leased from authorized manufacturers and used to
print postage labels. A meter locks when no postage or minimal postage
remains. A meter generally must be taken to the licensing post office to
be reset by payment for additional postage. Avoiding the payment of
postage by misusing a meter is punishable by law. Postage meters are
available only by lease from authorized manufacturers. The USPS holds
manufacturers responsible for the control, operation, maintenance, and
replacement of their meters.
Promotional
Items
Some companies distribute so-called
"promotional copies" of movies or musical works for publicity
purposes before their release to the general public. For example, record
companies often distribute "promo" CDs to radio stations to
encourage airplay of their music. Movie and television studios often
distribute "demo" videos to video stores so they can decide
how many copies of a particular video title they want to buy;
"screener" or "awards" videos to Academy Awards or
Emmy Awards voters; 35mm movie trailers (previews) to movie theaters;
posters; and electronic press kits (EPKs).
Many rights owners take the position that the listing of such items is a
copyright infringement and
therefore is prohibited.
Recalled
Items
The CPSC, an independent federal regulatory
agency, protects consumers by issuing warnings about goods that might be
hazardous, and even issuing recalls of certain products. Items that have
been the subject of CPSC action include lawn darts, baby products (such
as defective cribs, infant carriers, and car seats), propane heaters,
and thousands of other products. If you're a seller, you should take a
few minutes to check with the CPSC and ensure that the products you're
selling have not been the subjects of a CPSC recall. And if you're a
buyer, educate yourself about recalled products in areas that you might
be doing some buying
Satellite
and Cable TV Descramblers
The sale of items that can be used to descramble
or facilitate the access to cable or satellite television programming
without authorization or payment is prohibited. Stating the item is for
educational or test purposes will not legitimize a product that is
otherwise inappropriate. Information on "how to" descramble or
gain access to cable or satellite television programming without
authorization or payment is similarly not allowed.
Electronic
Surveillance Equipment
The sale of products that are designed primarily
to record the private oral, wire, or electronic conversations of others
without their knowledge or permission is prohibited. These items (for
example, small, easily hidden transmitting devices such as telephone
"bugs", "wiretap" devices, "miniature
transmitters", and "surveillance microphones") are
illegal to possess or sell under Title 18, United States Code Section
2512, and their use also violates the law in many states and countries.
Further, several states prohibit the use of photographic devices to
surreptitiously view or record individuals for sexual purposes. Listings
that promote such activity are not permitted.
Tobacco
The sale of cigarettes, cigars, smokeless tobacco,
and related products is a matter that is highly regulated and taxed
within the United States. Due to the many difficulties inherent in
assuring that tobacco sales comply with applicable laws, BCS
will not permit the sale of cigarettes, cigars, smokeless tobacco or
coupons for such items on its site.
Under the Magnuson-Moss Warranty Act, a federal law enforced by
the Federal Trade Commission, sellers who offer items valued at more
than $15 and who offer either a written warranty or service contract
with the items must in their item descriptions provide one of the
following: the full text of the written warranty, a statement explaining
how a free copy of the written warranty can be obtained upon written
request, or a link within the listing that takes members to the warranty
details
Weapons
and Knives
Firearms: including antique, collectible, and
sport & hunting firearms as well as ammunition are prohibited.
Weapons: Weapons not permitted
include: nunchaku, brass or other metal knuckles, leaded
cane/staff/crutch/stick, zip guns, shurikens, hand grenades or metal
replica hand grenades, throwing stars, billy clubs/batons, sandclubs,
sandbags, or slungshots (also known as saps or blackjacks).
Knives: Knife listings are generally
permitted with certain exceptions: Switchblade knives with a blade over
2 inches are not permitted. A switchblade knife is defined as any knife
that resembles a pocketknife with a blade that can be released
automatically or by use of a trigger. Other names for switchblades
include spring-blade knife, snap-blade knife, gravity knife, and
butterfly knife.
Knives disguised to look like a harmless item are not permitted on site.
These items include but are not limited to belt buckle knives, lipstick
case knives, air gauge knives, and writing pen knives.
Wine
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