Updated 15th August, 2021
1. OVERARCHING PRINCIPLES
You agree that all content that provide you will comply with all relevant laws. We have a number of rules relating to the acceptability of Content, which are derived from the following three principles:
LEGAL: Content should not contain anything that is in breach of any laws nor omit anything required by any laws.
DECENT: Content should not contain Content that is likely to cause grave or widespread offence or embarrassment, be unsuitable for publication or display, or be likely to subject us or our affiliates to criticism or embarrassment.
HONEST & TRUTHFUL: Content must be honest and truthful about any matters likely to influence Buyers attitudes toward any of Your Products or Services. We prohibit any deceptive or misleading Content, including, but not limited to, Content containing ambiguities, exaggerated claims, inaccuracies, or omissions.
2. RULES APPLICABLE TO ALL ADVERTISING
Any title or services protected or regulated by law imposes an obligation upon the individuals using the title in advertising to ensure that they are appropriately qualified and authorised by the relevant regulatory body (for example, solicitors/attorneys, doctors, dentists, architects, etc). Where required by law individuals must include their professional registration in their Content.
2.2 Additional rules applicable if your principal place of business is in the United Kingdom
2.2.1 Sites Offering Credit and Banking Services
Sites offering credit or banking services to consumers are not permitted. The services or products prohibited are listed below. Note that this is not an exhaustive list.
• Banks & Financial Institutions;
• Building Societies;
• Cheque Cashing;
• Credit & Finance Companies;
• Credit Unions;
• Debt Adjustment & Management;
• Equity Release;
• Financial Advisers;
2.2.2 The Tobacco Advertising & Promotions Act 2002
Advertising of tobacco products is prohibited under the Tobacco Advertising and Promotions Act 2002. It is an offence to promote a tobacco product.
To clarify, the following Content should not be included in a Site:
• ‘tobacco products’—these are any items which consist wholly or partly of tobacco and are intended to be smoked, sniffed, sucked or chewed.
• E.g. cigars / tobacco / snuff / cigarettes (i.e. what it is) Havanas / Benson & Hedges / Camel (i.e. brand names) NB – This is not an exhaustive list.
2.2.3 Gambling Act 2005
From 1 September 2007 it has been legal to publish in Great Britain (England, Wales and Scotland) a wider range of gambling advertisements than previously, including for casinos, gaming, betting, lotteries and internet gambling. However, all advertisements published (including in Northern Ireland) from 1 September 2007 must comply with new rules as set out in the British Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing. Note that spread betting remains subject to separate Financial Services Act requirements.
See www.cap.org.uk for further details.
2.2.4 Gas Safe Register Scheme
Advertisements which advertise services as a gas installer/engineer require the advertiser and/or individual or firm being advertised to be registered on the Gas Safe Register run by Capita Gas Registration and Ancillary Services.
2.2.5 Health and Beauty
Advertisements for the provision of services or products in the areas of Health and Beauty are regulated. This is by way of professional or regulatory bodies for health, and the British Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing for beauty.
Advertisements offering advice or treatment for medical conditions are acceptable, provided they adhere to the British Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing.
2.2.6 Gas Safe
Advertisements for services as a gas installer/engineer require the seller to be registered on the Gas Safe Register run by Capita Gas Registration and Ancillary Services.
2.3 Additional rules if your principal place of business is in Spain
You will comply with all Laws in force, in particular, the principles of safeguarding public order, respecting personal dignity and non-discrimination due to race, gender, religion, opinion, nationality, disability or any other personal or social circumstances, the protection of youth and childhood, the protection of the right to personal and household privacy, of freedom of speech and freedom of information.
You shall guarantee that the information provided is truthful and updated and declare that the contents of advertisements, brands and other copyright or proprietary rights or patents included in such contents or on your website do not infringe the rights of other natural or legal person, they are not against the Law or offensive, and they are truthful and coincide with the quality of the products and services that are offered.
Deceitful, unfair, aggressive and subliminal advertising is forbidden and We may suspend, withdraw or turn down any publications or prevent the information from being accessed by third parties if it becomes aware that the activity or the information that is stored is unlawful or that it harms third-party goods, interests or rights.
2.3.1 Alcoholic Beverages
The advertising of beverages with an alcohol grade of 20% vol. or higher is forbidden, and this also applies to places where the sale or consumption of alcoholic beverages is forbidden.
2.3.2 Tobacco Products
A general prohibition applies to tobacco products, as well as to any kinds of advertising and promotion of products in all mediums and formats, including cigarette dispensing machines and information society services.
2.3.3 Healthcare Materials
The advertising of healthcare materials or products and any other materials or products subject to technical or healthcare regulations, as well as those products, goods, activities and services capable of generating risks for the health or safety of individuals or their property shall comply with the prior regulatory authorisations.
Narcotics, psychotropic substances and drugs that are meant for consumption by individuals and animals may only be advertised in the cases, forms and under the conditions established in the special applicable rules.
2.3.5 Games of chance and betting
The advertising, sponsorship or promotion in any manner whatsoever of games of chance or betting and the advertising or promotion of gaming operators are forbidden when the relevant authorisation for the advertising is not included in the title of authorisation.
2.3.6 Financial and banking products
Financial and banking products shall comply with the legal provisions established for the product or service involved, but in any event the advertising must be objective, clear, sufficient and non-deceitful and it must be identifiable as advertising in terms of its contents and how it is presented.
2.4 Additional rules if your principal place of business is in Argentina
You will comply and respect the rules governing the advertising of products and / or services offered by them. The rules listed below are merely illustrative and not exhaustive.
The advertising, promotion and sponsorship of tobacco, products containing tobacco and products that do not contain tobacco but may be identified with it, directly or indirectly, is prohibited under Act 26.687 and complementary legislation.
Advertising of alcohol or the incentive to drink it is prohibited, under Act 24.788, regulatory decree 149/2009 and complementary legislation, if it:
• is directed to persons under the age of eighteen (18) years;
• shows in it persons under eighteen (18) years of age consuming alcohol;
• suggests that alcohol improves a person’s physical or intellectual performance;
• uses alcohol as a stimulant of sexuality and / or violence in all its forms;
• does not include, in a visible place and letters, the legend ‘Drink in moderation’, ‘Not for sale to persons under eighteen (18) years’. These legends should be inserted inside the advertising space, occupying no less than three percent (3%) of the total area of the advertisement.
Those who advertise for tourism, using images that exhibit tourist sites, shall record the name of the site and location reproduced, as well as any information which if omitted would result in a misleading interpretation, deception or confusion about the site or location. This information shall be published with typographical characters not less than two percent (2%) of the height of the advertising piece, it must have a sense of writing identical and equivalent to the colour contrast of the reproduced image and must be easily readable (Act 26.104 and complementary).
Requirements and instructions set out in ANMAT Provision 4980/2005 and complementary legislation must be met. These provide, among other things, that any food advertisement shall:
• encourage adequate intake of the product, presenting its properties objectively without deception or being misleading, providing true, accurate and clear information;
• include the sale and commercial names of the product;
• be in the Spanish language. However it may use other languages for common use words or phrases and also images that define clearly and with everyday terms the use of the product or other qualities, to further understanding of the general public; and
• include the complete product characteristics, use patterns and/or warnings.
This kind of advertising must also respect the product definition, composition and specification established by the Argentine Food Code.
It is prohibited, under Act 22.802 and complementary legislation, to:
• offer or deliver prizes or gifts that are directly or indirectly related to the purchase of products or services, when such prizes or gifts are subject to the play of chance; and
• promote or organize competitions, contests or sweepstakes of any kind, in which participation is conditioned in whole or in part to the acquisition of a product or a service.
2.4.6 Drugs and Dietary Supplements
Requirements and instructions set out in ANMAT Provision 4980/2005 and complementary legislation must be met. These provide, amongst other things, that any free sale medicine advertisement shall:
• encourage the appropriate, safe and rational use of the product, presenting its properties objectively without deception or being misleading, providing true, accurate and clear information, according to its use and dosage consistent with scientific information approved by the National Administration; and
• clearly reflect the sign and / or symptoms for which the product is authorized.
• be in the Spanish language, in an accessible and understandable language.
For dietary supplements, according to the provisions of the said Provision, they must, among other things, meet the definition of dietary supplement included in paragraph 1381 of the Argentine Food Code.
2.4.7 Cosmetics, Personal Hygiene and Perfumes
Requirements and instructions set out in ANMAT Provision 4980/2005 and complementary must be met. These provide, amongst other things, that advertisement of these products must encourage the appropriate and rational use of the product, presenting its properties objectively without deception or being misleading, providing true, accurate and clear information, according to its use and should not induce improper use that affect human health.
2.4.8 Escort Services
Under Decree 936/11, all advertising and promotions that promote sexual solicitation or make explicit or implicit reference to people soliciting for the sex trade, is prohibited, as well as any advertisement which its text refers to a lawful activity but has as its ultimate goal the achievement of some of the activities listed above.
2.4.9 Financial Services
The advertising of financial services must clearly indicate the benefits and advantages they provide, as well as the interest and fees applicable.
The designations used in the Financial Institutions Act (Act 21.526 and complementary legislation) to characterize the financial entities and their operations, may only be used by authorized entities. Similar or derived names that may mislead about its nature or individuality must not be used. Any advertising or action by persons not authorized tending attract deposits from the public is prohibited.
2.5 Additional rules if your principal place of business is in Perú
The advertising, promotion or sponsorship of tobacco products in media broadcast television, radio or other similar communications is prohibited under the Prevention and control of the risk of tobacco Act 28,705.
2.5.2 Credit and Banking Services
If an entity decides to offer advertising about financial or pension services, such as loan contracts or bank deposits, it should include in each piece of advertising, the following information, under customer protection in financial services Act 28,587:
• the interest rates applicable, annual effective formulation; and
• the fees and expenses to be charged.
Also, it must inform the customer in the advertising all relevant terms or conditions which affect the conditions of the financial services, under Banking and Insurance, Private Pension Superintendence Acts.
2.5.3 Health and Beauty
All drugs advertised through media that are available to people, including pharmaceutical products, should have appropriate health registration in the country and be licensed for sale without prescription, under Health General Act 26842. These products as well as natural products should not exaggerate their properties or otherwise mislead customers.
Pharmaceutical and natural products available under health prescription may only be directed to health professionals. In exceptional circumstances advertisements and reminders introduction aimed at health professionals and pharmacists may be advertised in media that are available to people, if it is accompanied by minimum information as set out by the Health Authority.
Advertising of beauty products is allowed if the customer is informed in a clear, understandable and true manner about the origin and the elements used for producing product, under Customer protection code Act 29571.
Alcohol advertising is subject to the following restrictions:
• advertising must contain clear characters and in a space not less than 10% of the advertisement total area, the following sentence: ‘DRINKING IS HARMFUL’.
• advertising must not use arguments to induce consumption by underage person.
2.5.5 Advertising for erotic phone calls
Advertisements about erotic services and phone calls for adult entertainment must be clearly indicated at the time of the advertisement.
In all cases, these advertisements have to note the call destination, rate per minute, the time at which it applies, the advertiser identification and advertising agency.
2.5.6 Advertising to children and/or underage person
Advertisements or advertising campaigns for children or underage persons must contain the following requirements:
• not to say that the product is easy or within the immediate reach of any family budget;
• fantasy should not be used to give underage persons wrong ideas about the characteristics of any product or service;
• must respect the innocence, inexperience and loyalty of underage persons;
• should not children feel inferior if they do not have the product or service offered;
• should not show children in unsafe or inappropriate situations or places.
2.5.7 Advertising promotions
Sales promotion advertisements should have clear guidance concerning the minimum number of units of available products. Otherwise the advertiser is obliged to provide customers with the product.
Condition and restrictions on access to sales promotions must be clearly made available to the participant in a prominent and easily accessible manner, indicating all relevant information.
2.5.8 Lottery, Contest and Barter
These advertisements are governed by Trade Promotion and Contests with Social objects Administrative Regulation, Act 006-2000-IN or related legislation.
2.5.9 Liquefied Petroleum Gas and Natural Vehicles Trade
Advertisements about these services require the advertiser to be authorized by the Investment in Energy and Mining Agency, as well as the Hydrocarbons General Director of Energy and Mines Secretary.
Advertising for lodging must comply with registration and reclassification under Establishments Lodging Administrative Regulation, Act 029-2004-MINCETUR.
Advertising about the gambling in Perú, must have the authorization of the Gambling and Machines General Director of the Foreign Trade and Tourism Secretary. In the case of online gambling, advertisers must comply with the Customer protection code Act 29571.
These advertisements are governed by the Customer protection code, Act 29571, which indicates that customers are informed in a clear, and understandable manner about the products and content and must be labeled in accordance with current regulations.
2.6 Use of imagery supplied by us
If you use any imagery provided by us such imagery should not be used to advertise or be in any way associated with any of the following: (a) pornography; (b) tobacco products; (c) adult entertainment or similar venues or for escort services; (d) dating services, unless accompanied by a clear and conspicuous statement that the person depicted therein is a model and is not a member of the dating service; (e) political endorsements; (f) pharmaceutical or healthcare, herbal or medicinal products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products, if the use implies that the depicted person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
3. RULES APPLICABLE TO EMARKETPLACE ONLY
3.1 Health and Beauty
Listings for the provision of drugs and products and services in the areas of health and beauty are regulated by Laws. We prohibit the listing of some products and services in this area (see section 0 below). All other listings in this area must comply with all applicable Laws.
3.2 Special Rules – Art
If you list any works of art as ‘genuine’, you must have and be able to provide evidence of authenticity. However, if you list an art work that is a replica or reproduction, the listing should contain the word ‘reproduction’ in the title. You also must accurately disclose the condition of the art work and any alterations or repairs. You cannot advertise art work that is an unauthorized copy or art work that violates any copyright or trademark.
If you believe that any art work listed on Our Website infringes your IP rights, please notify us immediately in accordance with our Defamation, Copyright and Trademark Infringement Policy.
3.3 Special Rules – Consumer Goods
There are many Laws relating to the advertising and labelling of a wide variety of consumer goods, including but not limited to alternative fuels, alternative fuel vehicles, amplifier power output claims, appliance labelling, automobile fuel ratings, contact lenses, eyeglasses, fur products labelling, home insulation, negative option plans, recycled oil, retail food stores, television picture measurement, textile fiber products labelling, and wool products labelling. Listings for consumer goods must comply with all Laws.
3.4 List of Prohibited Products and Services
3.4.1 General Statement
In general, we prohibit:
• Goods and services that are illegal to buy and/or sell (for example, nuclear weapons, stolen items).
• Goods and services that require a license to buy and/or sell (for example, alcohol, firearms, tobacco).
• Goods and services that can frequently lead to legal issues (for example, live animals, police badges, event tickets).
• Goods and services where the inability to authenticate the Buyer can cause issues (for example, products or services requiring proof of age or a prescription).
You must not list any of the above on Our Website.
3.4.2 Prohibited Products and Services
Set out below is a list of Prohibited Products. The list provides examples only, and is not intended to limit the generality of section 3.4.1, or to be exhaustive or all-inclusive.
• ‘Adult Only’ or age-restricted products or services
• alcohol and items containing alcohol
• animals (for example, live animals and mounted or stuffed specimens)
• art with a value over £3,000 (if Your Country is the UK) or over $5,000 (if Your Country is the USA)
• artifacts and Native American arts and crafts
• books and magazines that encourage illegal or offensive acts (including porn)
• books and movies with geographic or temporal restrictions
• catalytic converters and test pipes
• cell phone (wireless) service contracts
• charity and fundraising
• clothing, used
• contact lenses
• cosmetics, used
• counterfeit currency and stamps
• credit and financial services (including offerings by banks and other financial institutions, building societies, cheque cashing, credit & finance companies, credit repair, credit unions, debt adjustment & management, equity releases, lenders and loans, and mortgages and mortgage brokers)
• credit cards
• criminal tools (including cable TV de-scramblers, lock picks, radar scanners)
• currency, selling
• drug paraphernalia
• drugs (illegal, prescription or over-the-counter)
• DVDs with adult/age restrictions
• electronics equipment that is restricted (for example, traffic signal control devices)
• electronic surveillance equipment (for example, wiretapping devices and telephone bugging devices)
• embargoed goods (for example, ivory and certain wood)
• event tickets
• financial services
• firearms (for example, replicas and stun guns)
• gambling and betting services
• gift cards
• gift certificates
• government documents, IDs, and licenses (for example, passports)
• government, law enforcement, transit and shipping-related items that could be used for impersonation or fraudulent purposes (for example, police uniforms and badges, flashing police lights, transit IDs, and US Postal Service (USPS) or Royal Mail mailbags)
• grave-related items
• hazardous materials (for example, batteries, chemicals, fireworks, pepper spray)
• health and beauty items that require extensive disclosures or special handling
• human remains and body parts
• illegal drugs
• infringing items
• international trading
• items encouraging illegal activity
• items from embargoed countries
• items that were intended only for distribution in a country other than Your Country
• live animals
• live plants
• lottery tickets
• mailing lists and personal information
• manufacturers’ coupons
• medical devices – examples include contact lenses, pacemakers, and surgical instruments
• marketing, pyramid, and matrix programs
• military items
• musical instruments that include restricted items such as ivory and certain wood
• offensive material (e.g., ethnically or racially offensive material and Nazi memorabilia)
• plants and seeds
• police-related items
• political memorabilia (reproduction)
• pornography of any kind
• postage meters
• prescription drugs
• products from endangered species (for example, ivory, certain wood)
• prohibited services
• real estate
• recalled items
• slot machines
• stocks and other securities
• stolen property and property with removed serial numbers
• stripping services or the like
• surveillance equipment
• swimsuits, used
• used items, including, without limitation, cosmetics, swimsuits, etc
4. Consequences of breaching Our Advertising Policy
If you breach Our Advertising Policy in any other way, we may cancel your listings or suspend or cancel Your Account. You are responsible for ensuring that Your Products and Services are legal and that they comply with Our Advertising Policy.
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