LOVE™ Prohibited Products Policy
Last updated: April 26, 2023
Sellers are prohibited from selling or advertising any Product on our Platform that does not comply with any and all federal, state, local, or international laws, regulations, rules, orders, ordinances, policies, and applicable voluntary standards (collectively, “Laws”), and we expect Sellers to be aware of what Laws apply to their Products sold on our Platform. Sellers are also prohibited from advertising or selling any Product on our Platform that does not comply with the Terms.
We have a zero-tolerance policy for prohibited items. Sellers must adhere to this Policy and take immediate action to cease their advertisement or sale of any Product that does not, or they have reason to believe does not, comply with this Policy. Sellers must inform Love and request that Love temporarily deactivate the listing while investigating any potential violation of this Policy.
Love has full discretion to interpret and apply this Policy as it deems appropriate. Notwithstanding Sellers' responsibility for managing their Product listings in compliance with this Policy, if Love believes or receives information that a Seller has violated this Policy, Love reserves the right to immediately remove the Product from the Platform or otherwise deactivate the listing without advanced notice to Seller or to require Seller to revise its Product page to comply with this Policy. In the event of Seller's violation of this Policy, Love reserves the right to terminate Seller’s permission to use the Platform and/or terminate or suspend Seller’s account in accordance with Section 14 of the Terms. As an alternative to suspension or termination, Love may elect to issue a written warning to the Seller. Any action or inaction by Love related to this Policy shall not constitute a waiver of any provision under the Terms. Love will notify Seller of any action that Love undertakes with respect to Seller’s account or Products, unless Seller has repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying Seller. Seller may respond to decisions made by Love related to these actions with information that Love may consider in determining whether to reinstate the Product page or account, but Love retains ultimate decision-making authority with respect to actions taken as a result of this Policy.
Love reserves the right to modify this Policy at any time, which shall be effective immediately when posted to the Platform. Love shall provide written notice to Sellers of any changes to this Policy.
The following Product types are prohibited or restricted on the Platform, as described below:
1. Alcohol and Tobacco Products
No “Beverage Alcohol” or “Tobacco Products”, as those Products are understood under the Alcohol and Tobacco Tax and Trade Bureau’s and Food and Drug Administration’s policies and regulations, shall be permitted to be advertised or sold on the Platform. This includes but is not limited to alcoholic beverages of any kind and cigarettes, cigarette tobacco, roll-your-own tobacco, smokeless tobacco, cigars, hookah, and E-cigarettes (tobacco and non-tobacco derived nicotine).
2. Unapproved Drugs and Devices and Items making Medical Claims
No drugs, medical devices, or any other Product that claims to treat, prevent, mitigate, cure, or diagnose a disease or medical condition shall be permitted to be advertised or sold on the Platform unless the Seller has the requisite regulatory authorizations to advertise and sell such Products for those uses and is complying with the regulatory requirements related to those Products on the Platform. This prohibition includes, but is not limited to, making any claims that Products are intended to diagnose, treat, cure or prevent disease unless such claims have been evaluated by the U.S. Food and Drug Administration, among other applicable agencies.
3. Dangerous Products and Substantial Product Hazards
Products that may create an unreasonable risk of serious injury or death or that may present a substantial product hazard, as those terms are defined pursuant to the Consumer Product Safety Act (regardless of whether that act applies to the Product) due to design, defect, inadequate warnings or instructions, or otherwise, Products that are adulterated or misbranded as defined by the Food, Drug and Cosmetic Act (regardless of whether that act applies to the Product), and Products that do not meet applicable health and safety standards, are prohibited from being sold or advertised on the Platform.
In addition, none of the following Products shall be advertised or sold on the Platform:
· hazardous substances, as defined by the Federal Hazardous Substances Act (regardless of whether that act applies to the Product), or kits that produce hazardous substances, even if the Products comply with applicable Laws;
· products that any regulatory authority has recommended be withdrawn or recalled from the market or Products that a company has voluntarily withdrawn from the market for any reason;
· high-powered magnets that do not meet the “small parts” requirements ordinarily applied to children’s products pursuant to regulations promulgated under the Consumer Product Safety Act, even if such requirements do not apply to the Product ordinarily;
· weapons of any kind, or Products that were designed or intended to inflict harm, including but not limited to firearms, knives (when intended as a weapon rather than a tool), swords, bows, poisons, bombs, or kits or instructions to make weapons;
· Products that Sellers have reason to believe are being used for unintended, dangerous purposes; and
· vintage items that do not comply with current Laws, even if the Product is not being advertised for a use prohibited by those Laws (for example: children’s products that predate 2008, even if not advertised for use by children).
4. Products that are Inconsistent with the Values and Spirit of the Platform
Love was founded on the concept of bringing people together in the spirit of love and wellbeing. Products that undermine that purpose are prohibited. Love reserves the right to deactivate the Product page for any Product that does not promote love or wellbeing.
Love wants everyone to feel welcome in this space and on the Platform. Products, advertisements, and Sellers that violate our Anti-Discrimination Policy are prohibited. Likewise, Products, advertisements, and Sellers that promote, support, glorify, or threaten violence or harm towards self or others are prohibited.
Pornography of any sort is prohibited on the Platform. Depictions of the sexualization of minors, images of minors’ genitalia, and depictions of bestiality, incest, and non-consensual sexual activity are also prohibited.
5. Illegal Products and Products that Promote Illegal Activity
Love requires all Products and Product advertising to comply with any and all applicable Laws in any jurisdiction in which the Products are being advertised or sold, and it is the Seller’s responsibility to know which Laws are applicable to its Products.
Illegal Products and Products that promote illegal activity are not allowed on the Platform. In addition to Products that do not comply with applicable Laws, this includes, but is not limited to, counterfeit or forged Products and any Product or Product page that facilitates or promotes illegal activity such as evasion of applicable Laws or intentional deception regarding medical status or identity. Products that copy or imitate a product sold by another brand without that brand owner’s consent or are otherwise in violation of our Terms are prohibited.
No Products containing more than three-tenths percent (0.3%) total delta-9-tetrahydrocannabinol (THC), including precursors, by weight, shall be advertised or sold on the Platform.
Please be aware that certain categories of Products are highly regulated and restricted, such as children’s products, as defined by the Consumer Product Safety Improvement Act, food, and drugs and devices. Other Products may be in an area where the regulatory environment is changing. Sellers should use extreme caution in promoting those Products on the Platform and regularly should consult legal counsel regarding authorized advertising and promotion of such Products to ensure compliance.
Love does not currently offer its Platform internationally. If Seller is importing a Product for sale in the United States through the Platform, or if Seller is otherwise conducting business with international businesses or is a non-U.S. business itself, Seller must ensure compliance with all international Laws, including, but not limited to, potentially applicable sanctions programs, trade restrictions, country of origin labeling, required licenses or permits, and duties. Products obtained as a result of violations of U.S. or international Law, such as Products derived from sanctioned countries, are prohibited. Love reserves the right, but has no obligation, to collect additional information about Sellers to assist Love in its assessment of compliance with international laws and this Policy. Sellers should consult legal counsel regarding compliance with international laws if Seller has international components of Seller’s business.
6. Animal and Human Byproducts and Remains
Products that contain or use byproducts of any endangered or threatened species of animal (as defined by the Endangered Species Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora) are prohibited on the Platform. No ivory or bones from ivory-producing animals shall be advertised or sold on the Platform. No live animals shall be advertised or sold on the Platform. Any Products that require animal byproducts or animal testing shall comply with all applicable Laws. No Products made from human remains or byproducts from the human body shall be advertised or sold on the Platform except human hair when made into a wig.