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Animals and Wildlife Products

To the extent that postings contravene the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) http://www.cites.org/eng/disc/what.shtml .

Species that are the most endangered among CITES-listed animals and plants are prohibited on smeXchange. These are threatened with extinction and CITES generally prohibits commercial international trade in specimens of these species.

Pelts, skins, internal organs, teeth, claws, shells, bones and other parts of endangered species or protected species are forbidden on smeXchange as well.

Exceptions: Poultry, livestock and pets, for commercial purposes, are permitted on smeXchange.

Academic Software

Academic software is software sold at discounted prices to students, teachers, and employees of accredited learning institutions.

On smeXchange, please do not list any academic software unless you are so authorized. Postings violating smeXchange's academic software policy may be deleted early before publication.

If you represent an authorized educational reseller or an educational institution, it must be clearly stated in the posting, including Products, and Companies!

Airline and Transit Related Items

(i.e., uniforms, etc., restricted for security reasons)

The following items related to the commercial airline and public transportation industries may not be listed on smeXchange:

• Any article of clothing or identification related to transportation security or employment with any transportation related industry, including but not limited to, articles of commercial airline pilot's uniforms, flight attendant's uniforms, baggage and/or airport service personnel uniforms, mass transit train or subway related uniforms. Vintage clothing related to commercial airlines, trains, or subways, such as ties, scarves, jackets and similar items may be sold so long as the item description clearly states that the item is at least 10 years old, is no longer in use by the airline or other transit authority and does not resemble any piece of the current uniform.
  
   
• Manuals or other materials related to mass commercial public transportation, including safety manuals published by commercial airlines or entities operating subways, trains or buses. Such items may only be listed if the description clearly states that the material is obsolete and no longer in use by the airline or other transit authority.
  
   
• Any official internal, related, non-public document(s).

Contracts and Tickets

Before posting an item on smeXchange, you should carefully read any contracts that you have entered into that might limit your right to sell your item on smeXchange. 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 restricting your ability to market the product.

smeXchange does not search for items that may raise these types of issues, nor can it review copies of private contracts, or adjudicate or take sides in private contract disputes. However, we want you to be aware that posting items in violation of your contractual obligations could put you at risk with third parties. smeXchange therefore urges that you not list any item until you have reviewed any relevant contracts or agreements, and are confident you can legally sell it on smeXchange.

We provide this information to assist you in protecting yourself from liability and trading safely on smeXchange. You are responsible for ensuring that your transaction is lawful. If you have any questions regarding your rights under a contract or agreement, we strongly recommend that you contact the company with whom you entered into the contract and/or consult with an attorney.

Credit Card

smeXchange permits the posting of inactive credit or debit cards, provided that the card has been expired for at least 10 years (this time frame was selected by smeXchange to define "collectible" credit cards for the purposes of our site.)

Unexpired, active credit or debit cards cannot lawfully be transferred from one person to another, and therefore such items may not be listed on smeXchange. 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. smeXchange will permit the postings 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.

Counterfeit Currency and Stamps

smeXchange strictly prohibits the sale and purchase of counterfeit currency and stamps, coins, bank notes, bonds, money orders, and other securities, as well as equipment designed to produce such illegal items.

Any "reproduction," "replica," or "copy" coin as a collectible item must be clearly marked with the word COPY, REPRODUCTION or REPLICA. Only under this stipulation, such reproduction coins are permitted.

Drugs & Drug Paraphernalia

Narcotics, steroids, or other controlled substances shall not be listed on smeXchange.

Drug paraphernalia, including all items that are primarily intended or designed for use in manufacturing, concealing, or using a controlled substance shall not be listed on smeXchange.

Items that are not banned in this section include products traditionally intended for use with tobacco products, including pipes made from materials such as briar, clay, and corncob.

Prohibited items are those used for the ingestion of illicit substances including pipes such as water pipes, carburetor pipes, chamber pipes, ice pipes, bongs, etc.

Ethnically, Religiously or Racially Offensive Material

Postings that are ethnically, religiously or racially offensive are prohibited on smeXchange. Sellers and purchasers must ensure that any wording used portrays appropriate sensitivity to those who might read it in their postings, and when they are offering or purchasing potentially offensive items or services.

Faces, Names and Signatures

Do not list items containing the image, likeness, name, or signature of another person unless the products were made or authorized by that person.

Financial Services

smeXchange prohibits the sale and purchase of financial services including property inherited, money transfer, bank guarantee, gold, Letter of Credit, fund, loan, fundraising, stocks, etc.

Firearms, Ammunition, Weapons, Explosives

Any firearms, ammunition, military ordinance, assault weapons, and related parts or accessories are not permitted on smeXchange. The sale and purchase of firearms, ammunition, weapons to and from countries in which they are illegal is strictly prohibited and such activity will result in your account being delisted.

smeXchange does not permit the sale of BB guns, air guns, black powder guns or muzzle-loader guns and stun guns. Replica, "look-alike," and imitation firearms under certain circumstances will also not be permitted for sale,

Weapons of Mass Destruction (WMD) and any instruction, processing, or aid of producing such weapons or materials is strictly prohibited by international law. Any violation of this policy will result in the notification of government authorities by smeXchange.com.

Knives and other cutting instruments will in most cases be permitted to be listed. Switchblade knives and disguised knives are not permitted on the smeXchange site. smeXchange.com maintains discretion over what items are appropriate and may cause removal of a listing that it deems as a weapon.

Gold, Silver and Other Precious Metals

smeXchange does not permit the sale of gold, silver and other precious metals (not including jewelry).

Government IDs and Licenses

The following items may not be listed on smeXchange:

• Items that claim to be, or appear similar to, official government identification documents or licenses, such as birth certificates, drivers licenses, visas or passports. Furthermore, completed applications for such documents containing personal information may not be listed.

Fake identification cards, or any items that are designed for the manufacture of such cards.

Hazardous Materials

Hazardous or dangerous materials (such as explosives, radioactive materials, flammable gases, liquids and solids, and toxic substances) are not permitted on the smeXchange site.

Human Trafficking, Parts and Remains

Humans trafficking, the human body, or any human body part may not be listed on smeXchange. Examples of prohibited items include, but are not limited to: trade in humans, organs, bone, blood, waste, sperm, and eggs.

Items made of human hairs, such as wigs for commercial uses, are permitted.

Invoices

The sale of any form of invoices, including but not limited to value added invoice, is strictly prohibited on the smeXchange site.

Job postings

Job postings from which a factory/company/institute may directly recruit employees is prohibited on this site.

Mailing Lists and Personal Information

smeXchange does not permit the sale of bulk email or mailing lists that contain names, addresses, phone numbers, fax numbers or other personal identifying information. Any tools or software designed to send unsolicited commercial email ("spam") will not be permitted.

smeXchange does not permit postings that present personal information of third parties such as addresses and telephone numbers.

Non-transferable Items (Lottery, airline tickets, etc.)

smeXchange does not permit the sale of lottery tickets.

Non-business Information

smeXchange is the online business to business information platform; personal and non-business information is not acceptable.

OEM Software

smeXchange rule: Do not list "OEM" or "bundled" copies of software on smeXchange unless you are selling it with computer hardware.

Definition:
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.

Police, Army, Protective Services and Related Items

Legally, 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.

The majority of international law enforcement organizations maintain the position that the sale of police-related items to the public causes concern that individuals may use a badge or other police-related item to misrepresent themselves as a law enforcement officer to the public.

There are some limited police items that may be listed on our site, provided they observe any noted guidelines.

Authorized general souvenir items, namely hats, mugs, pins, pens, buttons, cuff links, T-shirts, money clips that do not resemble badges, and paperweights that do not contain badges

Badges that are clearly not official (e.g., plastic or cartoon badges)

Historical badges that do not resemble modern law enforcement badges, provided that the item description clearly states that the badge is a historical piece at least 75 years old or issued by a now-defunct organization

Mini-badges (size approximately 1 inch by 1 inch)

Pornographic Materials or Adult Materials

Pornographic materials are not permitted on smeXchange, as they violate laws in many countries. smeXchange strictly prohibits items depicting bestiality, rape sex, incest, or sex with graphic violence or degradation.

smeXchange's site is used by people all over the world. However, many countries have laws regulating adult material that are quite strict, and the law regulating the sale of such items through the Internet across national borders is an unsettled issue.

The majority of the reports received concerning adult/sexually-oriented material are related to magazines and videos. These items are not permitted.

smeXchange does not permit the sale of SM products. Novelty sexually explicit items, including various types of toys, collectibles, or food items in the shape of genitalia and primarily intended for adult buyers are not permitted.

Posting an Ad for the Sole Purpose of Collecting User Information or Raising Money

smeXchange.com is the ideal site for business to business commercial transactions. Honesty and high ethical standards is what we represent. Postings on this site should clearly represent the item being sold. If your objective is otherwise, we ask that you seek out other websites to carry on the business activity you seek to perform.

Prescription Drugs and Devices

smeXchange does not permit the posting of any controlled drug or item that requires a prescription from a licensed practitioner (such as a doctor, dentist, or optometrist) to dispense. Certain drugs, such as insulin, come in prescription and non-prescription forms. Such drugs may also be prohibited. If you are uncertain as to the permissibility of your item, please contact smeXchange prior to posting.

Real Estate

When you see a real estate posting, it means that buyers can contact the seller to get more information and express interest about the property listed. This format was created for people selling real estate who want to get in contact with as many interested buyers as possible.

Replica and Counterfeit Items

Listing of counterfeit, replica, or unauthorized items, such as counterfeit designer garment, watches, handbags, sunglasses, or other accessories is strictly prohibited on smeXchange.

Postings offering to sell or purchase replica, counterfeit, or otherwise unauthorized items shall be terminated upon acknowledgement by smeXchange. Multiple violations of smeXchange's Counterfeit Items policy shall result in the suspension of your membership. I think all penalties should be listed at the end of the Prohibitions list in once place instead of at the end of some sections and not in others.

If the products you are selling bear the name or logo of a company, and it is not manufactured or endorsed by that company, the product is prohibited from being listed on smeXchange.com.

Examples:
Blue jeans with an Evisu label, but were not produced or licensed by Evisu.
Watches marketed as Rolex but were not manufactured or authorized by Rolex.

Refurbished Mobile Phones, Laptops and Computers

The sale of refurbished mobile phones, laptops and computers are prohibited on smeXchange.

Satellite and Cable TV Descramblers

smeXchange does not permit the sale of items that can be used to descramble or facilitate the access to cable or satellite television programming without authorization or payment. 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. smeXchange's policy is to prohibit any "encouragement" of this type of activity. If your item is marketed in such a manner, the auction shall be ended early by smeXchange.

Some examples of items which are not allowed include:

• Smart Card Programmers and Unloopers
• Programmed Smart Cards
• Blocking Devices
• Hardware or Software DSS Emulators

This information is not intended to be legal advice, but it should assist you in trading safely on smeXchange. The above is not an exhaustive list, and sellers will need to take steps to assure their posting is lawful and does not infringe upon the copyright, trademark or other intellectual property rights of third parties.

Spy Equipment

The sale of spy equipment, such as equipments used for wiretapping, is not permitted on the smeXchange site. The sale of confidential information like trade secrets, or Government secrets for the purpose of spying is also prohibited.

Stocks and Other Securities

The law regulates the sale of stocks and other security interests that represent a current investment ownership interest in an entity, and efforts by individuals to raise money or find investors for businesses. Such regulations place substantial restrictions on an individual's ability to sell such items on the Internet through smeXchange, and therefore smeXchange does not permit the sale of "securities" on its site. Examples of items not allowed on smeXchange:

• All stocks, bonds, and investment interests in any entity or property, including but not limited to corporations or partnerships, other than the exceptions permitted below for cancelled certificates and single-share gifts.
• Credit (for example, you may not sell $1000 in credit to a buyer).
• Solicitations to invest money in any business venture.
• Any portion of an ongoing business.
• 100% of any ongoing business if the sale involves a transfer of any stock in that business.
• Documentation that represents proof of a current investment interest in any entity.
• Notes (except as specifically permitted under our Real Estate Rules).

Some business related items are not "securities" and may be listed on smeXchange. Examples of items that can be sold:

• 100% of the assets of a business (inventory, lease, good will) where no transfer of stock is involved.
• Information about how to start a business.
• Any sale of inventory, leases, fixtures.
• "Turn-key" businesses such as vending machines, windshield repair kits, and breathalyzer machines.
• Tools used for a business, such as silk screening machines, photo mug equipment, business card makers.
• Websites or domain names.
• Old or collectible stock certificates, provided that such stock certificates are cancelled or represent an interest in an entity that no longer legally exists.

Single-share stock certificates marketed for gift purposes rather than investment purposes, provided that the certificates are marked and advertised as non-transferable, the ownership is not transferred into the name of the purchaser, and the minimum sale price is more than twice the current exchange trading price of the underlying single share security.

Stolen Property

The sale of stolen property is strictly forbidden on smeXchange, and violates international law. smeXchange strongly supports law enforcement efforts to recover stolen property that is listed on its Web site, and urges the prosecution of those responsible for knowingly attempting to sell such items on smeXchange. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.

Unauthorized Copies of Intellectual Property

Do not list unauthorized (pirated, duplicated, backup, bootleg, etc.) copies of software programs, video games, music albums and singles, movies, television programs, or photographs on smeXchange.

Used Clothing and Cosmetics

Used clothing may not be listed on smeXchange, especially the sale  of used underwear, including but not limited to, boxer shorts, panties, briefs, and athletic supporters shall not be permitted.

Used cosmetics are not permitted for sale on smeXchange. Opened, but unused, cosmetics will generally be allowed.

Veterinary Products and Pet Medicines

Even animals need to obtain a prescription before they can obtain certain medicines. For example, many heart worm medicines (such as Sentinel, Revolution, Heartgard and Interceptor) can only be purchased with a prescription, and these items are therefore not allowed on smeXchange.

However, a number of flea control products (such as Program, Advantage and Top Spot) can be bought and sold without a prescription, and therefore may be listed on smeXchange.