We want Tophatter to be a safe and fun marketplace for everyone.  While non-exhaustive, the following guidelines describe some things that can't be sold on Tophatter.

Items not meeting U.S. FTC regulations cannot be sold.

Illegal or restricted items cannot be sold on Tophatter.  These include, but are not limited to:

  • Alcohol

  • Tobacco & smoking paraphernalia - including electronic cigarettes, pipes, smoking accessories, and vaporizers.

  • Drugs & drug paraphernalia - including any items designed or intended for use in manufacturing, concealing or using a controlled substance.

  • Firearms, weapons & personal defense items - including Airsoft and replica firearms, pepper spray, stun guns and Tasers.  Note: knives fall under our policy which prohibits the sale of weapons. This includes but is not limited to: pocket, folding, collectible, sporting, hunting, utility and vintage knives. Kitchen knives are permitted.

  • Live animals can't be sold on Tophatter.

  • Any part, pelt or skin from endangered species such as cheetahs, jaguars, leopards, mountain zebras, Hartmann mountain zebras, sable antelopes, elephants, rhinos and tigers.

  • Reproductions of legal tender, including but not limited to, counterfeit banknotes, copies of coins and/or banknotes used for training purposes are not allowed and cannot be sold on Tophatter. Some reproductions of U.S. legal tender (banknotes) are allowed in a limited capacity, however they must follow all guidelines below:

    • ​The reproduction must be one-sided.

    • The reproduction must be either less than three fourths or more than one and a half the linear dimension of the original.

  • More detailed information on regulations regarding the sale of reproductions of currency can be accessed here.

Prohibited items that contain explosives, gases or flammable or combustible liquids cannot be sold on Tophatter.  Non-prohibited items must be properly packaged under DMM 601.1-7.

  • Lighters may be sold on Tophatter but must not include or contain flammable, explosive or combustible fluids or gases within their container.

Counterfeit items, replicas and unauthorized copies of branded items cannot be sold on Tophatter.

  • Items that bear a company or brand's official name or logo can only be sold if the item was lawfully made by or with the consent of that company.
  • Catch phrases, promotional or marketing phrases, such as "inspired by", "like" or "-style" of a specific brand name are not permitted.
  • Any listing that contains an unlawful comparison to the trademark owner's brand name are prohibited from being sold on Tophatter.  This regulation applies to any aspect of the sale.

Licensed software cannot be sold unless you are a licensed reseller. This includes items such as computer operating systems and licensed registration keys.

"Not for Resale" software or Academic copies of licensed software cannot be sold on Tophatter. You can re-sell computer software only if it's unused, in the original packaging & includes a Certificate of Authenticity, the user manual or the End User License Agreement

Content that infringes on someone else's intellectual property rights is prohibited.  If you are a brand, trademark or copyright owner and need to make a complaint under the DMCA, please contact Support.

Medical devices and their respective attachments or accessories as well as prescription drugs & medications and hazardous materials cannot be sold on Tophatter.  Medical devices that require a prescription are not allowed to be sold on Tophatter, including but not limited to, contact lenses, prescription eyewear and oxygen-delivery components.
  • Devices and dietary supplements claiming medical or health benefits, or asserting a correlation between the product and a cure or relief of a health condition or illness cannot be sold on Tophatter.

  • Dietary Supplements in packaging that does not include Supplement Facts or other required information cannot be sold.  Dietary or nutritional supplements must be labeled in accordance with the U.S. FDA Dietary Supplement Guidance & Regulation.

  • Dietary and herbal supplements are generally permitted, provided they include information required under the U.S. FDA, do not make medical claims in the listing description, and do not include anabolic steroids, ephedra, human growth hormone, ma huang, or any additional products deemed unsafe or questionable by Tophatter.

  • ​Over the counter (OTC) medications and dietary supplements must include intact, original packaging.  The item cannot be tampered with, must be delivered before the expiration date, and must be safely stored according to the instructions on the item's packaging.  Note: over-the-counter medications that contain pseudoephedrine or ephedrine cannot be sold on Tophatter.

Obscene or offensive items including pornography and items that promote hatred, racism or violence cannot be sold on Tophatter.  This includes, but is not limited to, Nazi memorabilia and items featuring the confederate flag.

  • Pornography is strictly prohibited.  This includes pictures, videos, recordings and any medium that explicitly shows sexual organs or engagement in any sexual activity.  Note: Collectible back issues of magazines such as Penthouse, Playboy and Playgirl may be sold if the listing itself does not contain any images of nudity or sexually explicit content.

  • Images and text in listings may not be overly explicit or sexual.  Images may not contain nudity of genitals or female breasts, or sheer or see-through clothing which exposes these body parts.

  • Adult-only items including adult toys, fetish gear, and personal lubricating products and oils cannot be sold on Tophatter.

  ​Bodily fluids cannot be sold or shipped.
  • You cannot use Tophatter to sell used undergarments, lingerie or bathing suits.​

Coupons which have no cash value cannot be sold on Tophatter.

Gift cards, gift certificates &  vouchers cannot be sold on Tophatter.

Products listed in a manner to deceitfully inflate their true value cannot be sold on Tophatter. This includes, but is not limited to, vials of metal flake, gold leaf, gold plated bars, lots where images show items (batteries, coins, etc.) in quantities greater than the quantity the customer will receive, and/or electronics listed in a way to suggest more interactive capabilities than they possess such as y-pads/hi-pads, flash drives with actual capacity less than what is advertised, robotic vacuum cleaners/sweepers, and any variations there of.

Large items that can't be shipped through one of our accepted shipping carriers with valid tracking cannot be sold on Tophatter. Local pick-up and/or drop-off of items is not supported.

Listings that offer a chance or opportunity to win an item or prize with purchase cannot be sold on Tophatter.

Mystery lots such as boxes or bags of unspecified items, cannot be sold on Tophatter.
Intangible items & services cannot be sold on Tophatter. All items sold must be shipped with valid tracking numbers.

Metaphysical services suggesting they will invoke a physical change or other outcome can't be sold on Tophatter.  This is extended to physical items claiming to be enchanted, including but not limited to jewelry or decor with a claimed ability to affect weight loss, health, love or money.

Sales advertised with proceeds donated to charity are not permitted on Tophatter. Because Tophatter cannot ensure compliance with charitable fundraising laws and regulations, we must disallow hosting charity listings or solicitation for charity or donations on Tophatter.

Customized merchandise whose customization extends beyond color and size cannot be sold on Tophatter.
California's Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. If your product does not comply with California Prop 65 regulations it should include a warning in the listing description.

Sellers may not create more than one product listing for the same item. Variations of an item, including size, color and embellishments are considered duplicate listings. Duplicate listings are not allowed.

Items that cannot be purchased on their own, such as promotional items, dust bags for purses, and eyeglass cases, cannot be sold on Tophatter.

All currency and coins listed for sale on Tophatter must be true collectible or memorabilia items.

KODI boxes or any other device that provides access to pirated broadcasts/materials cannot be sold on Tophatter.

Seeds cannot be sold unless the following conditions are met:

  1. The seller is located in the United States.

  2. The seller provides a link to their supplier's website which shows the seeds are produced in the United States.

  3. Receipts and/or proof of purchase.

  4. If the above conditions are met, seeds can only be sold to US customers. The seller is responsible for updating their shipping settings to ensure only US customers purchase seeds.