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I contacted Paypal.
10 years ago
From: Bosciot
Sent: Saturday, May ##, #### #:##:## AM (-##:##)
To: aupviolations[at]paypal.com
Subject: Regarding User Agreement Update
"If you violate the PayPal Acceptable Use Policy, then in addition to the above actions you will be liable to PayPal for the amount of PayPal's damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $2,500.00 USD per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of PayPal's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to PayPal that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. PayPal may deduct such damages directly from any existing Balance in the offending Account or any other Account you control."
This is concerning to me because the AUP is somewhat vague on some points about acceptable materials for sale, specifically language like ...relate to transactions that involve... (i)... credit transactions or insurance activities. And ...(g) items that are considered obscene... The AUP does not provide any definition or clarification for these rules.
Now the user agreement seems to suggest that Paypal will charge a $2,500 fine for every violation.
If I were to sell 30 postcards using Paypal's services which feature an artistic rendering of Michelangelo's David, am I going to be fined $75,000? This does not sound right.
Please clarify the language for me.
Thank you,
Biscuit
Hello Biscuit,
Thank you for contacting PayPal. The language you reference below '(g) items that are considered obscene' is vague to ensure we are able to adiquately ensure the safety of the PayPal community due to the ever-changing nature of online transactions. In general, we do not allow adult content to be sold utilizing our service if said content is delivered via a digital medium. This includes all adult oriented material delivered via download, email, & live streaming.
The example you reference below would not be a violation of this policy since it is 1) being sold as a physical postcard and 2) the referenced work is considered art.
The fines you reference below may be incurred should you sell merchandise which violates our Acceptable Use Policy. Typically, we encourage individuals who may have questions regarding their product's eligibility to send us a direct link to the URL where these products are being sold prior to adding PayPal as a method of payment. We are more than happy to review these products and let you know if they comply with our Acceptable Use Policy.
If you have any questions, please contact the PayPal Brand Risk Management Department at aup@paypal.com.
Sincerely,
Brent
PayPal, Brand Risk Management
PayPal, an eBay Company
Sent: Saturday, May ##, #### #:##:## AM (-##:##)
To: aupviolations[at]paypal.com
Subject: Regarding User Agreement Update
"If you violate the PayPal Acceptable Use Policy, then in addition to the above actions you will be liable to PayPal for the amount of PayPal's damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $2,500.00 USD per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of PayPal's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to PayPal that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. PayPal may deduct such damages directly from any existing Balance in the offending Account or any other Account you control."
This is concerning to me because the AUP is somewhat vague on some points about acceptable materials for sale, specifically language like ...relate to transactions that involve... (i)... credit transactions or insurance activities. And ...(g) items that are considered obscene... The AUP does not provide any definition or clarification for these rules.
Now the user agreement seems to suggest that Paypal will charge a $2,500 fine for every violation.
If I were to sell 30 postcards using Paypal's services which feature an artistic rendering of Michelangelo's David, am I going to be fined $75,000? This does not sound right.
Please clarify the language for me.
Thank you,
Biscuit
Hello Biscuit,
Thank you for contacting PayPal. The language you reference below '(g) items that are considered obscene' is vague to ensure we are able to adiquately ensure the safety of the PayPal community due to the ever-changing nature of online transactions. In general, we do not allow adult content to be sold utilizing our service if said content is delivered via a digital medium. This includes all adult oriented material delivered via download, email, & live streaming.
The example you reference below would not be a violation of this policy since it is 1) being sold as a physical postcard and 2) the referenced work is considered art.
The fines you reference below may be incurred should you sell merchandise which violates our Acceptable Use Policy. Typically, we encourage individuals who may have questions regarding their product's eligibility to send us a direct link to the URL where these products are being sold prior to adding PayPal as a method of payment. We are more than happy to review these products and let you know if they comply with our Acceptable Use Policy.
If you have any questions, please contact the PayPal Brand Risk Management Department at aup@paypal.com.
Sincerely,
Brent
PayPal, Brand Risk Management
PayPal, an eBay Company
Phew :)
they don't say what they consider to be art and what they don't
Yeah, but there's a difference between a famous nude statue and a drawing of anthro wolves with giant dicks cumming into each other's assholes. Where do they draw the line between art and pornography?
I also did a big-huge write up on this matter. Whether adult content is completely allowed or not, I think what I had to say can still be really helpful. http://www.furaffinity.net/journal/6740803/
- The $2,500 fee does exist for prohibited items, but...
- Whatever the fuck PayPal decides is art is OK.
- If it's sent physically, it's OK (which is probably why Bad Dragon is allowed).
I talked to PayPal about drawn pornographic artwork about a year ago when I was trying to find a payment processor for an art marketplace site (think Fiverr, but for furries) and they said no, because they considered it pornography, not art. When I asked them for their official definition of art, they never replied.
However putting a dick in someone is called 'porn' and I am very certain that is the violation
They also said adult art is fine, if you're selling your "service" though they said never to sell digital only copies, you should always provide a tracking number and ship a physical copy incase of disputes. Apparently "no physical delivery required" doesn't cover you, sadly.
https://www.paypal.com/us/webapps/h.....S_US&m=TCI