Anti-Discrimination and Hate Speech Policy

Lost Universe connects customers from all walks of life, with Seller Partners from across the UK. As a platform, it allows people of all backgrounds to sell and buy high quality pop culture products. We want everyone using Lost Universe to feel safe and welcome, in an inclusive environment. This policy explains the type of behaviour we prohibit on Lost Universe to ensure our platform is enjoyed by all.

This policy is a part of our Terms of Use. By using Lost Universe, you’re agreeing to this policy and our Terms of Use.  We amend these terms from time to time. Every time you wish to use Lost Universe, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 25 May 2022.

Lost Universe prohibits the use of website, Marketplace and/or our Services to discriminate against people in any way, including by way of example based on the following personal attributes (collectively, “protected groups”):

• Race
• Colour
• Ethnicity
• National origin
• Religion
• Gender
• Gender identity
• Sexual orientation
• Disability
• Any other characteristic protected under applicable law

It is your responsibility to know your local laws and any other legal regulations on discrimination that might apply to you. Additionally, Lost Universe does not allow hate speech. Hate speech occurs when violent, offensive, derogatory, or demeaning language is directed at a person or group based on their one or more protected group attributes.

Whether you’re listing items, writing reviews, or having direct communication with other Seller Partners, Customers, or Lost Universe employees, via email, on-site chat, phone, or any other means of communication, discrimination and hate speech are not allowed. As a Seller Partner on Lost Universe, your store content, including store announcements and store policies, cannot display discriminatory behaviour toward protected groups. Examples of prohibited behaviour include, but are not limited to:

• Refusal of service based on membership in one or more protected group
• Expressing intolerance or a lack of respect for a Customer or Seller Partner on the basis of protected group attributes
• Having a store policy that excludes sales to Customers of one or more protected groups listed above
• Directly or indirectly making derogatory or demeaning remarks against protected groups listed above
• Racial slurs
• Any content that supports or glorifies hate groups and their members

Further to the above, Lost Universe strictly prohibits the use our site and the Marketplace:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (as noted below).
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• To upload terrorist content.

Users accessing Lost Universe and/or using the Marketplace also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

• Video-sharing facilities.
• Chat rooms.
• Bulletin boards.

(interactive services.)

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, Lost Universe are under no obligation to oversee, monitor or moderate any interactive service we provide on our site and Marketplace, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Lost Universe will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on any protected group.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal content or activity.
• Be in contempt of court.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from Lost Universe, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites.

For the avoidance of doubt, for any Contribution in the form of video content:

• You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
• You must not upload a video containing harmful material.
• You must not upload a video containing advertising for any of the following:
• cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
• for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
• Any advertising included in a video you upload must not:
• prejudice respect for human dignity;
• include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
• encourage behaviour prejudicial to health or safety;
• encourage behaviour grossly prejudicial to the protection of the environment;
• cause physical, mental or moral detriment to persons under the age of 18;
• directly influence such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
• directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
• exploit the trust of such persons in parents, teachers or others; or
• unreasonably show such persons in dangerous situations.
• You must use the functionality provided at Lost Universe to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.

Breach of this policy

When Lost Universe consider that a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this policy constitutes a material breach of the terms of use of Lost Universe upon which you are permitted to use our site and/or access the Marketplace, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

Lost Universe excludes our liability for all action we may take in response to breaches of this policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

How this contract can be transferred

We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.

Which country's laws apply to any disputes?

If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact

If you think a breach of this policy has occurred, whether discrimination or hate speech, please report it by emailing help@lostuniverse.com, and we will investigate. If you see a listing on Lost Universe which you believe violates our Prohibited Items Policy, including prohibited hate items, we encourage you to flag the item by emailing help@lostuniverse.com.