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Prohibited or Restricted Content

Makyn.me's

Policies on Prohibited & Restricted

Content, Listings, Posts, Products & Services

In order to maintain an safe environment for our collective Membership to participating in, we prohibit or restrict certain types of posts, products & services.

Certain types of posts, products & services represent a legal risk to our Artist community, such as our Members infringing upon the Intellectual Property Rights of others. To mitigate these risks, we prohibit some activities entirely – while restricting others.

This policy explains what types of items, goods, posts, products, & services are prohibited or restricted.

Please see our Community Guidelines

Compliance

These rules are put in place for the safety of our Community. The sale of illegal, unsafe, or other restricted products listed on this page, including products available only by prescription, are strictly prohibited.

Makyn.me is an eCommerce site that must comply with Local, State, Federal, & International Law.

Important:

If you offer products or services on Makyn.me you should carefully review our Policies. Your products & services MUST comply with all applicable laws. The examples provided below are not all-inclusive and are provided solely for informational purposes of our Members.

We encourage you to seek legal counsel with a qualified attorney should you have questions concerning the legality of your products or services.

If you offer products/services for sale on Makyn.me, you must comply with all Federal, State, and Local laws and Makyn.me policies applicable to those products and service listings!

Member Reporting & Consequences

If you offer a product/service in violation of the law or any of Makyn.me’s Policies, (including those listed on this page), then we will take corrective actions, as appropriate.

These may include, but are not limited to: immediately suspending or terminating buying & selling privileges, terminating any established business relationship, & permanent withholding of payments.

The sale of illegal or unsafe products in contradiction to our Policies may also lead to legal action taken by Makyn.me against a Member, including civil & criminal penalties.

We are in the process of innovating to improve how we detect & prevent illegal & unsafe products from reaching our Artist’s Marketplace!

Makyn.me encourages our Members to REPORT ALL LISTINGS that violate our policies or applicable law.

We will investigate each report thoroughly on a case-by-case basis & take appropriate corrective action.

Restricted &

Prohibited Items List

Certain goods, posts, products & services are PROHIBITED or RESTRICTED from being sold on Makyn.me. Some

This Policy is part of our Terms of Use. By creating a Membership & opening a Makyn.me Shop, you are agreeing to this Policy and the other Policies on this Site, located in the footer of every page.

The following types of items are prohibited or restricted on Makyn.me:

Makyn.me's Policy

As Artists, we cross lines quite often in the pursuit of our creative passions and the resulting work may often be controversial. We believe in the Freedom of Expression & Supporting our Artists! As an arts community, we tend to be an extremely liberal bunch.

We are also mindful of the fact that Art IS a highly subjective topic! We also recognize that what is appealing to one may be perceived as unacceptable to another. Certain expressions and art forms have a tendency to make people uncomfortable.

Therefore, it is important to establish some GROUND-RULES to ensure the mutual respect & safety of our Members. See our Policies listed in the footer of every page.

We believe that our Members should be able to choose whether to view content that would be considered “Mature Content.” Makyn.me insists on the premise of basic respect for the Collective Membership, that its Members list “Mature Content” and categorize it correctly.

Member Reporting

If you offer a product/service in violation of the law or any of Makyn.me’s policies, (including those listed on this page), then we will take corrective actions, as appropriate. These corrective actions include but are not limited to: immediately suspending or terminating buying & selling privileges, terminating any established business relationship, & permanent withholding of payments.

The sale of illegal or unsafe products in contradiction to our Policies may also lead to legal action taken by Makyn.me against a Member, including civil & criminal penalties!

We are dedicated to ensuring that Makyn.me is a safe & welcoming community environment for the entirety of our Membership!

We are currently in the stages of innovating in order to improve how we detect & prevent illegal or otherwise unsafe products from reaching our Artists Marketplace!

Makyn.me encourages its Members to do their part in REPORTING LISTINGS that violate our Policies and/or applicable Law.

We will investigate each report thoroughly on a case-by-case basis & take appropriate action accordingly.

SOME Exceptions to the RULES!

Examples of some exceptions:

Authors with literary works to offer, where the Artist own the rights to their work, but did not print the hardcopy themselves. (e.g. graphic novel, book)

Musicians who offer disks or albums with their music but did not manufacture the CDs/albums. Other items that may be listed must be Creative-Driven, such as offering band t-shirts, stickers, etc… that directly support the Musicians.

You may also modify an existing item (e.g. – repurposing, upcycling) sufficiently to where it is no longer may be considered the same item. Must be materially different than the original product and include artistic elements such that you could claim it as your own.

Makyn.me DOES NOT ALLOW any product that is mass-manufactured or produced otherwise.

As a Community of Creatives, we respect Intellectual Property Rights.

You MAY NOT post content for which you are not the respective owner or do not have the legal right to post such content.

Items procured from the Creative Commons are acceptable if they specifically state that no attribution is required & that it is free for commercial use.

However, you should STILL GIVE CREDIT when you use someone elses work!

You may also sell the following types of items:

  • Baked items containing alcohol
  • Handmade hookahs
  • Handmade or blown glass tobacco pipes
  • Beer & wine brewing kits
  • Empty alcohol bottle creations
  • Non-Ivory bones or antlers
  • Items made from human hair or teeth
  • Leather Goods
  • Textiles made from animal hair
  • Slingshots
  • Culinary arts tools, knives, & implements
  • Letter openers
  • Non-harmful toy guns
  • Items that use idiomatic expressions
  • Religious symbols, including swastikas when used in a peaceful or religious context. The symbol is used in diverse religions including Buddhism, Hinduism & Jainism.

Dangerous Items - Unreasonable Risk of Harm or Bodily Injury

Recalls

You may not list any item that is part of a recall.

If your item potentially represents an unreasonable risk of harm, bodily injury, or could cause the public to become ill –  it is strictly prohibited, even if your product has not been the subject of a recall!

Example: Lawn darts are prohibited from being sold because of the risk of bodily harm or injury while using them.

Choking Hazards

If the item contains small parts or pieces, it may represent a choking hazard to small children.

Include a warning label on the listing and with the item(s) being shipped in the event that your product(s) contain small parts or pieces that could present a choking hazard!

Here is an example of this type of labeling.

Animals & Animal Products

Human Remains

You may sell items made from human hair or teeth. Weird, right?

However, ALL other human remains, body parts or fluids whose origins are from the body are strictly prohibited from being posted, listed, or sold on Makyn.me.

Alcohol

Because alcohol is a highly regulated item, we restrict their trade, sale, listing and posting on Makyn.me.
  • Alcoholic beverages
  • Liquor licenses
  • Any product marketed specifically to consumers over the age of 21 years old
  • Any product that encapsulates raw alcohol

The following are exceptions:

  • Baked goods containing alcohol
  • Wine and beer making kits and products that do not contain alcohol
  • Alcohol-related accessories and products, including corkscrews, decanters, and containers
  • Alcohol-related memorabilia and collectibles that do not contain alcohol

Tobacco & Tobacco-Related Products

Certain tobacco-related products are permitted that do not have brands or logos for cigarette or smokeless tobacco companies, such as:

  • Ashtrays
  • Cigar-cutters
  • Cigarette papers
  • Hookahs
  • Humidors
  • Lighters
  • Tobacco pipes

Prohibited Listings

  • Tobacco, or any product that contains tobacco, such as:
    • Blunt wraps, cigarettes, cigars, dipping tobacco, nicogel
    • Smokeless tobacco, including dissolvable tobacco
  • Electronic cigarettes and related products (regardless of whether they contain nicotine):
    • E-cigarettes, E-Hookahs, Electronic pipes, or Electronic cigars
    • Nicotine nebulizers & similar items
    • E-liquid juice, electronic cigarette juice, smoke juice, or similar refill liquids
    • Accessories for such products, such as:
      • New and replacement cartridges, atomizers, batteries, clearomizers, smoke juice or similar refill liquids under any other name.
  • Nicotine inhalers or nasal sprays
  • Smoking cessation products that have not been approved for sale in the US, such as:
    • Tabex
  • Smokeless tobacco products such as:
    • Arriva products, chew, chewing tobacco, dip, dissolvable tobacco,snuff, snus, wad
  • Products or memorabilia including without limitation, hats, t-shirts, and lighters, with cigarette or smokeless tobacco brands or logos
  • Paraphernalia whose sole purpose is for illicit drug use (does not include tobacco pipes)

Firearms

You are required to comply with all applicable federal laws when selling weapons, imitation weapons, & weapon accessories.

You must also comply with State and Local laws applicable to the jurisdiction into which your products are sold. AND the jurisdiction from which you ship!
You are responsible for obtaining any required licenses for permitted products and are liable for any penalties resulting from non-compliance!

Firearms

Firearms are strictly prohibited to sell, list, or trade on Makyn.me.

  • Firearm ammunition, such as:
    • Ammunition for pistols & rifles, including assault weapons
    • Slugs
    • Shotgun shells
    • Ballistic loads
    • Hollowpoint bullets
    • Round balls
  • Ammunition components, such as:
    • Black powder
    • Blanks
    • Bullets
    • Bullet tips
    • Casings
    • Gunpowder
    • Primers
    • Shotgun Shells
    • Smokeless powder

See Regulations: Alcohol, Tobacco & Firearms

Toys

Toys are an exception but must abide by all applicable regulations pertaining to these types of items.

*These are subject to geographic sales restrictions.

Prohibited Listings

  • Firearms, such as:
    • 3D printed guns & 3D gun blueprints
    • Antique & collectible guns
    • Assault weapons
    • Automatic weapons
    • Muzzleloaders & black powder guns
    • Rifles, shotguns, & handguns
    • Smartphone guns & other guns which are designed to resemble harmless items
    • Sport & hunting guns
    • Starter guns
    • Wallet guns
    • Zip guns
  • Electronic guns
  • Replicas of firearms that were manufactured after 1898 &/or are capable of firing fixed ammunition
  • Non-firing replicas of firearms that were manufactured after 1898 and lack the markings required by 15 U.S.C. § 5001
  • Toy, imitation, or “look-alike” firearms that do not have required markings, including cell phone cases & purses that resemble firearms

Firearm Accessories

Makyn.me prohibits the listing or sale of certain firearm & imitation firearm accessories.

Examples of permitted listings

  • Butt plates
  • Fixed stocks, with the exception of thumbhole stocks
  • Grip extensions that do not add capacity & do not allow for the use of a higher capacity magazine
  • Grips designed for handguns
  • Holsters
  • Laser sights that are properly labeled with laser strength & class
  • Magazine floor plates/base plates
  • Magazine loaders, except for those that can accommodate the following calibers: .223/5.56; 7.62×51; 308; 7.62×39; 5.45×39
  • Reloading kits and equipment
  • Scopes, including:
    • Night vision or infrared scopes.
      * These are subject to geographic sales restrictions.
  • Shotgun choke tubes
  • Single picatinny or weaver rails
  • Suppressors or silencers that are permanently affixed to & are integral to the barrel of airsoft, air, & paintball guns.
    *These are subject to geographic sales restrictions.
  • Trigger guards
  • Two point & traditional slings
  • Vise blocks not intended for use with assault weapons

Examples of Products that are Prohibited

  • Assault weapon parts, accessories or products marketed as assault weapon parts or accessories (This including reference to various assault weapon models)
  • Parts or combination of parts designed or intended to convert a firearm into an assault weapon
  • Gun parts & accessories, even when designed or marketed for use with paintball, airsoft, or air guns, such as:
    • Assault weapon conversion kits
    • Assault weapon grips, forend grips, front grips, & foregrips
  • Assault weapon & AR-specific tools, like:
    • Vise blocks
    • AR-15/M16 armorer’s wrenches or combo wrenches
    • Bullet button tools
  • Auto sears, like:
    • Full auto sears (also known as drop-in auto sear or DIAS)
    • AR-15 auto sears
    • Auto sears II
  • Barrels, barrel shrouds, barrel extenders, heat guards, hand guards, & vent cooling slots
  • Battery assist levers
  • Bayonet mounts & devices intended to attach a bayonet to a firearm
  • Camouflaging gun containers designed to fire without removing the gun from its container
  • Charging handles, latches, & assemblies
  • Detachable carry handles & assault rifle carry handles
  • Ejection port, ejection port covers, & dust covers
  • Frames
  • Gas blocks, gas tubes, & gas pistons
  • Certain grips & grip accessories, such as:
    • Pistol grips designed for attachment to an assault weapon, rifle, or shotgun
    • Folding, vertical, & tactical grips
    • Angled foregrips & ambidextrous foregrips
    • Grip pods, funnels,& extensions
    • Hand stops
  • Kits that can be used to create gun magazines
  • Machine gun conversion kits
  • Any part or combination of parts intended to allow converting a firearm into an automatic weapon
  • Magazines & related items, such as:
    • Magazine components or extensions
    • Magazine cinches, couplers, connectors, dual mag holders, & dual mag clamps
  • Magazine loaders that can accommodate the following calibers: .223/5.56; 7.62×51; 308; 7.62×39; 5.45×39
  • Multi-rail systems, including quad rails & rail covers, free-floating & drop-in handguards
  • Muzzle brakes or muzzle tamers
  • Pistol stabilizing braces
  • Pumkin punchers
  • Recoil compensators
  • Receivers, including lower & upper receivers
  • Receiver extensions & pins
  • Receiver wedges or buffers that tighten loose upper & lower receivers
  • AR-specific jig kits
  • Revolving cylinder for a shotgun Selector levers, detents, & switches
  • Single point, 3-point, tactical, & quick detach slings
  • Sling plates & end plates
  • Slide fire stock & weapons kits, such as:
    • Bump firing devices, stocks, & kits
  • Solvent trap oil filter adapters, solvent traps, & homemade silencers,
  • Component parts for solvent traps & homemade silencers
  • Any non-fixed stock, including telescoping, folding or collapsible stocks
  • Silencers or suppressors, including:
    • Flash suppressors
    • Sound suppressors
    • Suppressors marketed or intended for airsoft, air guns, or paintball guns
    • Fake, mock, or faux silencers or suppressors
  • Takedown pins, pivot pins, cam pins, & roll pins
  • Threaded barrel adapters
  • Thumbhole stocks
  • Trigger activators, such as:
    • Multi-burst trigger activators
    • Trigger attachments
    • Devices that enable “bump-firing”
  • All internal/moving gun parts, even when designed or marketed for use with paintball, airsoft, or air guns, such as:
    • Bolt catch releases, assemblies, actuators, & battery assist levers
    • Bolt carriers, bolt pins, & buffer pins
    • Buffer tubes, extension tubes, recoil buffers, & related parts
    • Firing pins, springs, & stops
    • Guide rods
    • Trigger, trigger assemblies, or fire control groups
    • Upgrade parts & replacement parts
    • Anti-walk pins

Ammunitions

Makyn.me prohibits the listing or sale of firearm ammunition and ammunition components for assault weapons, black powder guns, handguns, muzzleloaders, pistols, shotguns, and rifles.

Examples of permitted listings

  • Ammunition without lead or gunpowder such as:
    • BB, air, pellet, & airsoft ammunition.
      * These are subject to geographic sales restrictions.
    • Paintball gun paint pellets
    • Plastic non-explosive training aids, such as solid plastic ammunition

Explosives

Makyn.me prohibits the listing or sale of explosive devices and products that contain explosive materials.

Explosives include items, such as:

  • Fireworks
  • Flares, flare launchers, flare guns, flare gun receivers
  • Grenades, such as:
    • Military practice grenades
    • Rifle grenades
    • Smoke grenades
    • Metal replica grenades
  • Grenade launchers
  • Improvised explosive devices, including training aids, accessories, & certain explosive precursors
  • Mines
  • Projectile and concussive products that employ gunpowder or explosives

Knives & other bladed products

Makyn.me’s Policy prohibits the listing or sale of particular types of knives.

These include: switchblades, balisongs, stilettos, & some blades designed to look like harmless items.

Examples of permitted listings

  • Knives: typical hunting or kitchen knives, such as:
    • Hunting knives
    • Kitchen knives
    • Replica swords
    • Machetes
    • Claw knives or karambit knives
    • Throwing spears & knives
    • Umbrella knives
      *These are subject to geographic sales restrictions
    • Spring-assisted or assisted-opening knives that do not automatically extend

Examples of prohibited listings

  • Automatic knives, also known as switchblade knives
  • Balisong knives, also known as butterfly knives, including some training knives
  • Concealed swords, including:
    • Cane-swords
    • Shobi-zue (a staff, crutch, stick, rod, or pole concealing a knife or blade within it)
    • Swordsticks
  • Gravity or gravity-assisted knives
  • Knives disguised to look like harmless items, such as:
    • Air gauge knives
    • Belt buckle knives
    • Comb knives or hairbrush knives
    • Lipstick case knives
    • Writing penknives
  • Knuckle knives, including:
    • Fixed or folding blade knives with split knuckle duster handles
  • Pilum ballistic knives
  • Push daggers, including:
    • Punch daggers
    • Punch knives
    • Push dirks
    • T-handled knives
  • “Slasher” knives or other devices used in cockfighting
  • Spring-loaded knives
  • Stiletto Knives
  • Throwing stars, including:
    • Batman symbols
    • Cyclone knives
    • Kung Fu stars
    • Metal throwing stars
    • Ninja stars
    • Shirken
    • Throwing cards

Weapons

Makyn.me prohibits the listing or sale of blunt force striking weapons, body armor, body armor plates, & other dangerous weapons.

Examples of permitted listings

  • Blowguns
    *These are subject to geographic sales restrictions.
  • Crossbows and other archery bows
    *These are subject to geographic sales restrictions.
  • Nunchaku with sticks made completely of foam, sponge, rubber, or another bendable substance
  • Handcuffs
    *These are subject to geographic sales restrictions.
  • Koga & kubotan
  • Night vision accessories
  • Pepper spray
    *Subject to geographic sales restrictions.
  • Products with monkey fist knots that are made entirely of rope
  • Spearguns for spear fishing
  • Self-defense stinger tools
  • Slingshots, including wrist-brace slingshots.
    *These are subject to geographic sales restrictions.
  • Stun guns or electroshock weapons
    *These are subject to geographic sales restrictions.
  • Tactical pens

Prohibited Items

  • Body armor & any product including or designed for the insertion of body armor plates. This includes bulletproof or ballistic helmets & clothing.
  • Caltrops
  • Certain martial arts items, such as:
    • Brass, plastic, or metal knuckles, including spiked keychains & rings or any product held over one’s knuckles that could be used to strike someone
    • Leaded canes, staffs, crutches, & sticks
    • Nunchaku (also known as nun chucks or chuka sticks)
    • Sandclubs, sandbags, or slungshots (also known as saps or blackjacks)
    • Throwing stars (also known as shirkens or shurikens)
    • Tonfas
    • Kusari-fundo (also known as manrikis)
  • Clubs & blunt force striking instruments, including items marketed for striking a person or animal, such as:
    • Billy, billy clubs, & police batons
    • Escrima sticks
    • Rattan canes (when designed or intended as a striking weapon)
    • Bo staffs & jo staffs
    • Truncheons, nightsticks, & batons
    • Sjamboks
    • Weighted clubs
    • Blackjacks
    • Bludgeons
    • Sap hats, also known as slap hats
  • Weapons designed to be concealed
  • Weapons or other items intended solely for law enforcement or military use

HAZMAT

Hazardous Materials require additional labeling & are not necessarily prohibited necessarily, but are highly regulated materials which if not handled properly can cause serious harm or injury. Hazardous Materials include but are not limited to:
  • Biological Hazards
  • Bodily Fluids
  • Explosives
  • Fireworks
  • Gases
  • Human Remains
  • Toxic Substances (i.e. Poison, Toxins)

Consumer Protection Agencies

Hate - Let's Eradicate!

Makyn.me is engaged in creating a community environment for anyone who desires to become a Member. We encourage individuals across the world to become involved! As an organization, we promote people of diverse backgrounds, beliefs, & interests – coming together over the topic of Art!

Makyn.me does not allow its Members to post content, listings, products, or services that in any way:

  • Demean others
  • Demonstrate a lack of respect
  • Discriminate against a “protected group” (age, disability, ethnicity, gender, gender identity, national origin, race, sex, sexual orientation or religion)
  • Promotes or glorifies hate or violence
  • Commemorate or support historical hate groups
  • Contains racial slurs or derogatory terms in reference to a protected group

Illegal Items - The Legalities!

Makyn.me does not allow items to be sold that are illegal or that promote illegal activity, including but not limited to: counterfeit or stolen items.

Because Makyn.me is a worldwide company, it’s important that our Sellers abide by the laws of the specific countries in which they intend to sell.

What is legal in one country may be illegal in another. All forms of illegal activity are strictly prohibited.

Additionally, listings and content posts on Makyn.me may not facilitate or promote illegal acts through the dissemination of images or descriptions using our Platform.

We require sellers to accept responsibility to follow all applicable local, state, federal and per-country laws for the items that they list.

International Commerce & Regulated Items

Makyn.me provides an eCommerce Marketplace that directly connects Buyers & Sellers across the world!

As Members, YOU are responsible for complying with laws and regulations of the country of destination in addition to your local laws. This applies:

  • If you buy an item from another country,
  • If you sell an item from another country,
  • If you enter into a transaction with someone across international borders

You may be prohibited from exporting or importing particular items under the laws & regulations of the country of destination.

Buying/selling may be subject to charges such as:

  • Import taxes, customs duties, fees, and/or other regulations imposed by the country of destination.

When you use Makyn.me’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 Makyn.me members must comply with our Sanctions Policy, regardless of their location.

We reserve the right to request that Artist/Sellers:

  • Provide additional information, if required
  • Disclose an item’s country of origin in a listing, or
  • Take other steps to meet compliance obligations
  • Verify their identity with a VALID Photo ID

Sanctions & Compliance

OFAC broadly prohibits transactions involving goods that originate from sanctioned areas.

However, there are exceptions to the restrictions set by OFAC Sanctions.  These may include informational materials like publications, films, posters, phonograph records, photographs, tapes, compact disks, & certain artworks.

It is generally acceptable to reference a sanctioned area, if the item doesn’t originate from the sanctioned area itself.

Payment Gateways - Paypal & Stripe

Third-party payment processors, such as PayPal & Stripe, regularly monitor transactions for sanctions compliance. Service providers block some transactions as part of their own programs to maintain compliance with the Office of Foreign Assets Control (OFAC)

If our third-party payment processors refuse to process payment, this is outside of Makyn.me’s control as they are independent. Makyn.me has no bearing on their decision-making process. You may take up issues that you have with these companies.

Other items which may be subject to additional regulations include:

Pornography & Mature Content

Makyn.me expressly FORBIDS the dissemination of pornography.

However, MATURE CONTENT is restricted.

An item will qualify under the definition of pornography when it is a particularly extreme or explicit version of mature content.

Mature content is defined by Makyn.me as explicit depictions of male or female genitalia, sexual activity or content, explicit types or representations of taxidermy, profane language, or violent images in a sexual context.

Out of respect for those who have no desire to view Mature Content – WE REQUIRE ALL MATURE CONTENT TO BE PROPERLY CATEGORIZED!

Please submit ALL Mature Content/Listing properly under “Mature Content” Category.

Not all nudity is considered “mature” for the purposes of Makyn.me.

If you find yourself asking whether the content of your listing/post is mature – then it is a good idea to assume that it is mature content, and you should label it as such. And if you need assistance, we would rather you ask us first and prevent unnecessary trouble for either party.

Makyn.me will ultimately decide whether mature content crosses the line and becomes pornography.

  • We consider how realistically mature images are portrayed, and
  • How explicit the depictions of sexual activity or content are.

Examples of Non-Mature Content

  • Cartoon depictions (within reason)
  • Non-pornographic depictions of the buttocks or breasts
  • Non-pornographic nude photography

Examples of ALLOWED Mature Content, if MARKED PROPERLY AS MATURE

  • Explicit language
  • Sexual toys and wellness items (e.g. vibrators)
  • Violent images (See Violent)

Sexually Explicit Content

Sexually explicit content is PROHIBITED.

Sexually explicit conduct is defined as “sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex as well as bestiality, masturbation, sadistic or masochistic abuse, and the lascivious exhibition of the genitals or pubic area of any person.” Rockel v. Watkins, 2009 U.S. Dist. LEXIS 109692 (D. Ga. 2009)

Source: https://definitions.uslegal.com/a/actual-sexually-explicit-conduct/

Obscenity Laws

“Obscenity is a category of speech unprotected by the First Amendment. Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures. Indecent materials or depictions, normally speech or artistic expressions, may be restricted in terms of time, place, and manner, but are still protected by the First Amendment. There are major disagreements regarding obscene material and the government’s role in regulation. All fifty states have individual laws controlling obscene material. A comprehensive, legal definition of obscenity has been difficult to establish.” Source: Cornell Law University

U.S. Supreme Court Justice John Marshall Harlan once expressed the challenge involved with defining obscenity in a manner that is not ambiguous or subjective, “one man’s vulgarity is another’s lyric.”

Important Cases:

The United States v. One Book Entitled Ulysses – Significance: Determined that a work investigated for obscenity “must be considered in its entirety and not merely judged on its parts”

Miller v. California established the current criteria to determine whether content rises to the level of obscenity is this: (1) whether ‘the average person, applying contemporary community standards’ would find that the work, ‘taken as a whole,’ appeals to ‘prurient interest’ (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (3) whether the work, ‘taken as a whole,’ lacks serious literary, artistic, political, or scientific value.

Roth v. United States – Ruled that obscene material was not protected by the First Amendment and could be regulated by the States rather than by a singular, Federal standard.

Violent Content

Makyn.me does not allow items to be sold in the Artist’s Marketplace that promote violence although we recognize that violence may be a legitimate part of artistic expression, educational or be of historic relevance.

At Makyn.me we do not condone the use of violence toward others. Makyn.me will not tolerate Members who are engaged in actively promoting, supporting or glorifying any act of violence through the use of our platform.

We also ask that our Members DO NOT:

  • Express any threat of harm or violence toward yourself
  • Express any threat of harm or violence toward others

We have a zero-tolerance policy for threatening, bullying, harrassment, intimidation, or other activities along these lines.

WHAT IS ALLOWED

  • A Fictional or Literary Work that contains violence
  • Depictions of Fantasy Creatures – vampires, witches, werewolves that contain violence
  • Artistic, Educational, or Historical Value
  • Awareness Items that show support or bring awareness (e.g. Raising awareness about the risk of self-harm, including those with eating disorders)
  • Handcrafted BDSM Products – See Pornography & Mature Content

Other PROHIBITED ACTIVITIES

  • Glorifying human suffering or a tragedy
  • Commemorating or honor serial killers in any way
  • Attempts to exploit natural disasters for gain
  • Attempts to exploit human tragedies for gain
  • Extolling the virtues of violence against any individual(s) or group(s), whatsoever
  • Encouraging others to do self-harm such as committing suicide, self-mutilation, starvation, or any other form of self-harm are not acceptable types of behavior while visiting Makyn.me

Removal of Content or Member

Makyn.me reserves the right to remove any content, listing, or post that does not meet our guidelines without consent, and may issue a warning. Depending on the severity, or repeating the offense it may constitute removal & banning of the Member from Makyn.me.

Illegal Services

Makyn.me allows it’s Artists to offer a variety of Professional Services to it’s Members.

WHAT’S NOT ALLOWED

Certain services are STRICTLY FORBIDDEN, and should NEVER be offered on the site, even in a private context.

  • Sex or sexual acts for trade/sale (Prostitution)
  • Video content of a sexual nature (Pornography)
  • Strip Dancing or removing clothing (Stripping)
  • Illegal or Illicit Services
  • Any type of Medical Procedure
  • Any service(s) for which you are not qualified to perform
  • Any service that you do not have a proper documentation (certification, license, et al) to legally offer. (An example would be offering a listing for “massage services” but you are not licensed as a Massage Therapist, which allows you to provide this particular service legally, and would be acceptable to offer with Makyn.me under Healing Arts.)

Exceptions

Professional Photographers who have validated their identity may choose to offer “Boudoir Services” for sexy pictures for personal use only.

Nude Modeling services are acceptable under the context and definition of Art only. No physical contact should take place under any circumstance.

Reporting Responsibilities of Members

We reserve the right to remove listings that we consider to be inappropriate.

Unfortunately, we do not currently have the resources available to review every single item that is listed or posted on the site.

If you notice a listing is identified as being against our Terms of Service, Terms of Use, Code of Conduct, or any other applicable policy please Report such listing or post.

We will do our best to quickly remove violations from the site.

Makyn.me also reserves the right to remove a Member’s selling privileges or Membership from the site, as well as take legal action if necessary.

If you come across a listing or post that appears to violate our Rules, we request that you immediately report it to us.

Copyright Infringement

We respect the intellectual property rights of our Members and non-Members.

To report copyright or intellectual property infringement, please email copyright@makyn.me.

If you come across a listing or post that appears to violate our Rules, we request that you immediately report it to us.

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