Prohibited Items Policy
WeMake is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from WeMake. 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 WeMake. This policy explains what is prohibited or restricted on WeMake.
The following types of items are prohibited or restricted on WeMake:
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 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 WeMake. We reserve the right to remove listings that we determine are not within the spirit of WeMake. 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 WeMake. 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 WeMake.
The following are examples of items that may not be sold on WeMake:
Tobacco products, smokeable 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; vaporizers and their components.
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 WeMake, 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.
WeMake prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. WeMake may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. If WeMake receives proper notice from a legal authority, we may remove an item. You can find more information on prohibited medical drug claims here.
Resources: Small Business Assistance from the Food & Drug Administration; US FDA and FTC for information about medical drug claims; US Bureau of Alcohol, Tobacco, Firearms and Explosives
2. Animal Products and Human Remains
Certain animal products are highly regulated and prohibited on WeMake due to the risk of harm to live, companion, or endangered animals.
The following are examples of animal products that may not be sold on WeMake:
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, fossilized ivory, and wooly mammoth ivory.
Items made from human remains or products from the human body, except for teeth, fingernails, and hair.
Resources: Endangered Species Act; Prohibition on Importation of Dog and Cat Fur Products
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.
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 WeMake.
While not exhaustive, the following materials are examples of prohibited hazardous materials:
Explosives (fireworks or sparklers)
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 WeMake. 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.
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 WeMake:
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
Resources: Bureau of Alcohol, Tobacco, Firearms and Explosives; FMCSA’s Guide to Complying with Federal Hazardous Materials Regulations; US Federal Government’s Guide to Recalled Items; US Code of Federal Regulations on Imitation Firearms; US Consumer Product Safety Improvement Act (CPSIA); Australian Competition & Consumer Commission’s (ACCC) Product Safety; ACCC Product Bans; European Commission’s Consumer Product Safety; US Consumer Product Safety Commission’s Resellers Guide to Selling Safer Products; Health Canada Consumer Product Safety
4. Hate Items: Items that Promote, Support, or Glorify Hatred
We want WeMake 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.
WeMake 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.
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 WeMake:
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.
Resources: Federal Bureau of Investigation’s webpage on Hate Crimes; Southern Poverty Law Center
5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
We respect the law and expect WeMake sellers to respect the law as well.
Illegal items, items that promote illegal activity, and stolen items are not allowed on WeMake. Neither are certain items that are subject to complex legal regulations or registration systems. Because WeMake 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 unauthorized items are prohibited on WeMake. 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.
Additionally, due to complex legal restrictions that vary by location, WeMake 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
WeMake 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.
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 WeMake’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 WeMake members must comply with our Sanctions Policy, regardless of their location.
WeMake 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. WeMake 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.
Resources: US Office of Foreign Assets Control (OFAC) Sanctions
7. Pornography and Mature Content
As a creative community, we tend to be fairly liberal about what we allow on WeMake, 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.
Pornography of any sort is prohibited on WeMake, whereas mature content is restricted.
Resources: How to List Your Mature Products ; Listing Mature Content Correctly
8. Violent Items: Items that Promote, Support, or Glorify Violence
We want WeMake 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.
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 WeMake:
Items that glorify human suffering or tragedies, including items that commemorate or honor 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 catalog every permitted or prohibited item. If you see something on WeMake 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 WeMake. To report copyright or intellectual property infringement, please follow the instructions in WeMake’s Intellectual Property Policy.