Legal Policy:
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 the following are prohibited.
Species that are the most endangered
among CITES-listed animals and plants are prohibited on FactoriesInChina.com.
These are threatened with extinction and CITES generally prohibits commercial
international trade in specimens of these species. However, trade may be
allowed under exceptional circumstances, e.g., for scientific research. In
these cases, trade may be authorized by the granting of both an export permit
(or re-export certificate) and an import permit. Animals protected under CITES
require permits to cross international borders.
Species that are not necessarily now
threatened with extinction but that may become so unless trade is closely
controlled. It also includes so-called "look-alike species," i.e.,
species of which the specimens in trade look like those of species listed for
conservation reasons.
Species included at the request of a
party that already regulates trade in the species and that needs the
cooperation of other countries to prevent unsustainable or illegal
exploitation. International trade in specimens of species listed in this
Appendix is allowed only on presentation of the appropriate permits or
certificates.
Pelts, skins, internal organs, teeth,
claws, shells, bones and other parts of endangered species or protected
species, such as leopards, tigers, pandas, mountain zebras, etc., are forbidden
on FactoriesInChina.com as well.
Exceptions: Poultry, livestock and
pets, for commercial purposes, are permitted on FactoriesInChina.com.
Academic Software
Academic software is software sold at discounted prices to
students, teachers, and employees of accredited learning institutions.
On FactoriesInChina.com, please do
not list any academic software unless you are so authorized. Postings violating
FactoriesInChina.com's academic software policy may be deleted prior to or even
after publication.
If you represent an authorized
educational reseller or an educational institution, it must be clearly stated
in your postings, including Trade Leads, Products, and Companies.
Artifacts
Artifacts, cultural relics and historical grave markers, and
related items are protected under PRC laws. Please follow the general
guidelines and do not list any of the above-mentioned items.
According to Article II of the
'Supplementary Regulations on the Punishment of Criminals Who Smuggle'
promulgated by the Standing Committee of the National People's Congress,
smuggling out of the country prohibited cultural relics, gold, silver, other
precious metals, rare animals and their products shall be subject to a minimum
sentence of imprisonment of five years with fine or confiscation of property.
In the case of more serious offenses, life imprisonment or the death penalty
will be imposed in addition to the confiscation of property. For less serious
offenses, imprisonment of less than five years and a financial penalty will be
imposed.
According to Article 25 of the
amended 'China's Cultural Relics Protection Law', personal collection relics
are strictly prohibited from being sold to foreign (non-PRC) parties.
Counterfeit
Currency and Stamps
FactoriesInChina.com 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 are such reproduction coins are permitted.
Artifacts, cultural relics and
historical grave markers, and related items are protected under PRC law. Please
follow the general guidelines and do not list any of the above-mentioned items.
Counterfeit Items
The listing of counterfeit, replica or unauthorized items,
such as counterfeit designer garments, watches, handbags, sunglasses, or other
accessories is strictly prohibited on FactoriesInChina.com.
Postings offering to sell or purchase
replica, counterfeit or otherwise unauthorized items shall be terminated upon
discovery by FactoriesInChina.com. Violations of FactoriesInChina.com's
Counterfeit Items Policy shall result in the immediate suspension of your
membership.
Examples:
·
Blue
jeans with a Levi’s label, but that were not produced or licensed by Levi’s.
·
Watches
marketed as Gucci but that were not manufactured or authorized by Gucci.
Drugs & Drug
Paraphernalia
Narcotics, steroids, or other controlled substances cannot
be listed on FactoriesInChina.com.
Drug paraphernalia, including all
items that are primarily intended or designed for use in manufacturing,
concealing or using a controlled substance cannot be listed on
FactoriesInChina.com.
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.
Firearms,
Ammunition, Weapons
Any firearms, ammunition, military ordnance, assault weapons
and related parts or accessories are not permitted on FactoriesInChina.com. The
sale and purchase of firearms, ammunition and weapons to and from countries in
which they are illegal is strictly prohibited and such activity will result in
your account being terminated.
Replica, look-alike and imitation
firearms under certain circumstances will be permitted only upon the expressed
approval of FactoriesInChina.com.
Weapons of Mass Destruction (WMD) and
any instruction related to processing, or in 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
FactoriesInChina.com.
Knives and other cutting instruments
will, in most cases, be permitted. FactoriesInChina.com maintains discretion
over what items are appropriate and may initiate removal of a listing that it
deems as a weapon.
Mailing Lists and
Personal Information
FactoriesInChina.com 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") is not permitted.
FactoriesInChina.com does not allow
postings that present personal information of third parties such as addresses
and telephone numbers.
Pornographic
Materials or Adult Materials
Pornographic materials are not permitted on FactoriesInChina.com,
as they violate laws in many countries. While Pornography is
difficult to define and standards vary from nation to nation,
FactoriesInChina.com will generally follow guidelines accepted in the PRC.
FactoriesInChina.com strictly prohibits items depicting bestiality, rape sex,
incest, or sex with graphic violence or degradation; or involving minors.
FactoriesInChina.com'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 reports received
concerning adult/sexually-oriented material are related to magazines and
videos. Whether to transfer such items to another category or remove them
completely from the site, we consider the overall content of the posting,
including photos, pictorials, and text.
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 permitted in the
appropriate category.
Replica and
Counterfeit Items
Do not list counterfeit, non-licensed replicas, or other
unauthorized items (such as counterfeit watches, handbags, sunglasses or other
accessories) on FactoriesInChina.com.
If the products you are selling bear
the name or logo of a company, and it is not manufactured, licensed, or
endorsed by that company, the product is prohibited from being listed on
FactoriesInChina.com.
Postings offering replica,
counterfeit, or other unauthorized items shall be terminated by
FactoriesInChina.com. Multiple violations of FactoriesInChina's Replica and
Counterfeit Item policy shall result in the suspension or revocation of your
account.
Stolen Property
The sale of stolen property is strictly forbidden on
FactoriesInChina.com and violates international law. FactoriesInChina.com
strongly supports law enforcement efforts to recover stolen property that is
listed on its website and urges the prosecution of those responsible for
knowingly attempting to sell such items on FactoriesInChina.com. Stolen
property includes items taken from private individuals, as well as property
taken without authorization from companies or governments.
If you see an item on
FactoriesInChina.com that you believe is stolen, your best course of action is
to contact law enforcement immediately. Under FactoriesInChina.com's privacy
rules, our attorneys will provide important records about pending and past
postings with an official request from law enforcement officials. Please inform
the police official handling the case that FactoriesInChina.com will be pleased
to cooperate in the investigation, and ask the official to contact
FactoriesInChina.com using official documentation.
If you are concerned that the images
and/or text in your item description have been used by another
FactoriesInChina.com member without your authorization, or that your
intellectual property rights have been violated by a member, please contact our
service team..
Unauthorized Copies of Intellectual
Property
Do not list unauthorized (pirated,
duplicated, backup, bootleg, etc.) copies of software programs, video games,
music albums, movies, television programs, or photographs on
FactoriesInChina.com.
Business issues:
Used Clothing and
Cosmetics
Used clothing may be listed on FactoriesInChina.com, so long
as the clothing has been thoroughly cleaned according to the manufacturer's
instructions. Postings that contain inappropriate or extraneous descriptions
will be terminated. Exceptions: Used underwear, including but not limited to,
boxer shorts, panties, briefs, and athletic supporters are not permitted.
Used cosmetics are not permitted for
sale on FactoriesInChina.com. Opened, but unused, cosmetics will generally be
allowed.
Airline and
Transit Related Items
The following items related to the commercial airline and
public transportation industries may not be listed on FactoriesInChina.com:
·
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 and/or non-public document(s).
Credit Cards
FactoriesInChina.com 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 FactoriesInChina.com 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 cannot be listed on FactoriesInChina. 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. FactoriesInChina.com 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.
Ethnically or
Racially Offensive Material
Postings that are ethnically or racially offensive are
prohibited on FactoriesInChina.com. 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.
Occasionally, if materials are of
historical value or integral to the item (such as a book title), members may
use offensive words and phrases such as in the subject and description of a
posting. FactoriesInChina.com encourages all members to treat others as they
themselves would like to be treated.
FactoriesInChina.com generally
prohibits such materials promoting Nazism, the KKK, etc.
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.
Postings violating
FactoriesInChina.com's faces, names and signatures policy will be immediately
deleted by FactoriesInChina.com.
Financial Services
and Instruments
FactoriesInChina.com prohibits the sale and purchase of
financial services and instruments including inherited property, money
transfers, bank guarantees, gold, letters of credit, funds, loans,
fundraisings, stocks and bonds, etc.
Government IDs and
Licenses
The following items may not be listed on
FactoriesInChina.com:
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 manufacturer of such cards.
Human Parts and
Remains
Humans, the human body, or any human body part may not be
listed on FactoriesInChina.com. Examples of prohibited items include, but are
not limited to: organs, bone, blood, waste, sperm, and eggs.
Exceptions: Skulls and skeletons that are used
for medical or education purposes may be listed on FactoriesInChina.com.
Items made of human hairs, such as
wigs for commercial uses, are permitted.
Non-transferable
Items
FactoriesInChina.com does not allow the sale of lottery
tickets or non-transferable airline tickets.
Non-business
Information
FactoriesInChina.com is an online business-to-business
information platform; personal and non-business information is not acceptable.
Police-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.
You may list a law enforcement badge
on FactoriesInChina.com if:
1.
The law
enforcement organization that issues the badge states in writing that it does
not object to the sale of the item.
2.
You
post a copy of that letter with a valid law enforcement contact (name and phone
number) on the site with the badge.
There are some limited police items
that may be listed on our site, provided they observe any noted guidelines.
Authorized general souvenir items,
such as hats, mugs, pins, pens, buttons, cuff links, T-shirts and money clips
that do not resemble badges, as well as paperweights that do not contain
badges, are allowed.
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 must
clearly state 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)
Police uniforms: Uniforms must be
obsolete and in no way resemble current issue police uniforms. This fact must
be clearly stated within the posting description.
Posting an Ad for
the Sole Purpose of Collecting User Information or Raising Money
FactoriesInChina.com is the ideal site for business-to-business
commercial transactions. Honesty and high ethical standards are what we
represent. Postings on this site should clearly represent the item being sold.
If your objective is otherwise, we ask that you not engage in unethical
activities on our site.
Satellite and
Cable TV Descramblers
FactoriesInChina.com 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. FactoriesInChina.com's
policy is to prohibit any "encouragement" of this type of activity.
If your item is marketed in such a manner, the offer will be terminated by
FactoriesInChina.com.
Some examples of such items that 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
FactoriesInChina.com. The above is not an exhaustive list, and sellers need to
take steps to assure and ensure their postings are lawful and do not infringe
upon the copyright, trademark or other intellectual property rights of third
parties.
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 FactoriesInChina.com, and therefore
FactoriesInChina.com does not permit the sale of "securities" on its
site. Examples of items not allowed on FactoriesInChina.com:
·
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 FactoriesInChina.com. 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.
Job postings
Job postings from which a factory/company/institute may
directly recruit employees are prohibited on this site. FactoriesInChina.com is
an online business-to-business information platform. Therefore, personal and
non-business information is not acceptable.
Warning
Job postings shall be terminated by FactoriesInChina.com
Multiple violations of FactoriesInChina's job posting policy will result in the
suspension or termination of your account.
OEM Software
FactoriesInChina.com rule: Do not list "OEM" or
"bundled" copies of software on FactoriesInChina.com 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.
Prescription Drugs
and Devices
FactoriesInChina 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 FactoriesInChina.com prior to posting.
FactoriesInChina.com also does not
permit unauthorized medical devices such as ear candles.
Veterinary
Products and Pet Medicines
Even animals need to obtain a prescription before they can
obtain certain medicines. For example, many heartworm medicines (such as
Sentinel, Revolution, Heartgard and Interceptor) can only be purchased with a
prescription, and these items are therefore not allowed on
FactoriesInChina.com. 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 FactoriesInChina.com.
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.
Contracts and
Tickets
Before posting an item on FactoriesInChina.com, you should
carefully read any contracts that you have entered into that might limit your
right to sell your item on FactoriesInChina.com. 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.
FactoriesInChina.com 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.
FactoriesInChina.com 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 FactoriesInChina.com.
We provide this information to assist
you in protecting yourself from liability and trading safely on
FactoriesInChina.com. 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.
Lottery Tickets
FactoriesInChina.com does not allow the sale of lottery
tickets.
Event Ticket
Resale Policy
FactoriesInChina.com permits the resale of tickets to
entertainment events (including sporting events, concerts, and plays) to the
fullest extent permitted by law.
However, FactoriesInChina.com cannot
give you legal advice on your ticket transactions, and you should be aware that
there may be laws (such as laws of local municipalities that require resellers
to obtain licenses) that may apply to your transaction. The information
provided here is simply provided to you as a starting point for your research.
As a ticket seller, you are responsible for ensuring that your particular
transaction does not violate any applicable law or the terms on the ticket
itself.