April 4, 2011
Welcome to GarageSaleGold.com, which is operated by GarageSaleGold, LLC (“GarageSaleGold” or “we”). The services GarageSaleGold provides on GarageSaleGold.com include newsletters and emails with special offers and updates, contests and any other features, content and applications offered from time to time by GarageSaleGold in connection with GarageSaleGold.com (collectively, the “GarageSaleGold Services”). GarageSaleGold is based in the United States and the GarageSaleGold Services are hosted in the United States.
Eligibility for GarageSaleGold.com Registration and Account Securit
Use of the GarageSaleGold Services is limited to users aged 13 years and above. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another member or subscriber at any time. You agree to notify GarageSaleGold immediately if you suspect any unauthorized use of, or access to, your account or password. GarageSaleGold shall retain the right to change your username for any reason, including, without limitation, if the username you have selected violates this Agreement.
This Agreement remains in full force and effect while you use the GarageSaleGold Services. You may terminate your account/subscription on GarageSaleGold.com at any time, for any reason, in the following ways: (i) to terminate your account, please send an email to firstname.lastname@example.org, Subject: Terminate Account; or (ii) to terminate your newsletter subscription please use the unsubscribe link on the bottom of the newsletter. GarageSaleGold may terminate your account and/or access to the GarageSaleGold Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the GarageSaleGold Services is terminated, this Agreement will remain in effect. You agree that your account is non-transferable and any rights to your account terminate upon your death.
You acknowledge that GarageSaleGold reserves the right to charge subscription fees for any portion of the GarageSaleGold Services. GarageSaleGold will provide you with five (5) days advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use GarageSaleGold Services after the subscription fee has been increased, you are expressly agreeing to the increased subscription fee and you will be responsible for paying such subscription fee for the balance of your subscription. If GarageSaleGold suspends or terminates your account and/or access to the GarageSaleGold Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.
Purchasing GarageSaleGold.com Services or Products
GarageSaleGold makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. GarageSaleGold provides no refunds for purchases you make on GarageSaleGold.com. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, GarageSaleGold will in no way be responsible or liable to you for any such breach.
GarageSaleGold will not store any record of Personal Financial Information related to purchases or other transactions you make through the GarageSaleGold Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
The GarageSaleGold Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of GarageSaleGold (“GarageSaleGold Content”). GarageSaleGold Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and GarageSaleGold, GarageSaleGold owns and retains all rights in the GarageSaleGold Content and the GarageSaleGold Services. GarageSaleGold hereby grants you a limited, revocable, nonsublicensable license to access and display the GarageSaleGold Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing GarageSaleGold.com and using the GarageSaleGold Services. The GarageSaleGold Services may also contain Content of users and other GarageSaleGold licensors. Except as provided in this Agreement or as explicitly allowed on the GarageSaleGold Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the GarageSaleGold Services.
Except as explicitly and expressly permitted by GarageSaleGold, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the GarageSaleGold Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by GarageSaleGold. You may not build a business utilizing the Content, whether or not for profit.
Your Use of GarageSaleGold Services
The GarageSaleGold Services are offered for your personal use only and may not be used for commercial purposes unless specifically endorsed or authorized by GarageSaleGold. GarageSaleGold reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the GarageSaleGold Services (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with the GarageSaleGold Services. You understand that GarageSaleGold does not control the User Content posted by users via the GarageSaleGold Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. GarageSaleGold assumes no responsibility or liability for this type of Content. If you become aware of misuse of the GarageSaleGold Services, please report this immediately to GarageSaleGold at email@example.com.
GarageSaleGold assumes no responsibility for monitoring the GarageSaleGold Services for inappropriate Content or conduct. If at any time, GarageSaleGold chooses in its sole discretion to monitor the GarageSaleGold Services, GarageSaleGold nonetheless assumes no responsibility for Content other than GarageSaleGold Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You agree not to use the GarageSaleGold Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the GarageSaleGold Services, including GarageSaleGold’s servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the GarageSaleGold Services;
- Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the GarageSaleGold Services, or to circumvent or modify any security technology or software that is part of the GarageSaleGold Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the GarageSaleGold Services. If you do so, you acknowledge you will have caused substantial harm to GarageSaleGold, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay GarageSaleGold $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent;
- Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without GarageSaleGold’s prior written consent;
- Use the GarageSaleGold Services to advertise or promote competing services;
- Use the GarageSaleGold Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
GarageSaleGold reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by GarageSaleGold in its sole discretion. You acknowledge GarageSaleGold reserves the right to investigate and take appropriate legal action against anyone who, in GarageSaleGold’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that GarageSaleGold may access, preserve or disclose information you provide to GarageSaleGold.com, including User Content, when GarageSaleGold has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of GarageSaleGold, its parent, or any of their subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the GarageSaleGold Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
Disclaimer Regarding Third-Party Materials
The GarageSaleGold Content contains information, data, advice, text and other materials compiled from a variety of third party sources. GarageSaleGold in no way endorses any of these materials, which are provided for your convenience, and are solely intended to broaden user understanding and knowledge of garage and estate sales.
Message Boards and Public Forums
GarageSaleGold.com offers users the ability to post public messages on message boards and forums (“Forums”), which may be open to the public generally, to all members of GarageSaleGold.com, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and GarageSaleGold cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. GarageSaleGold is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. GarageSaleGold reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.
Your Proprietary Rights
GarageSaleGold does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the GarageSaleGold Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by GarageSaleGold or any Affiliated Company. By posting any User Content on, through or in connection with the GarageSaleGold Services, you hereby grant to GarageSaleGold and our Affiliated Companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the GarageSaleGold Services or in connection with any distribution or syndication thereof to Third-Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. GarageSaleGold‘s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. GarageSaleGold reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the GarageSaleGold Services.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the GarageSaleGold Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the GarageSaleGold Services and Third-Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the GarageSaleGold Services or Third-Party Services.
Copyrights and Other Intellectual Property
GarageSaleGold respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. GarageSaleGold has a policy of terminating repeat infringers’ access to the GarageSaleGold Services in appropriate circumstances.
Third-Party Links and Services
You are solely responsible for your interactions with other GarageSaleGold users, providers of Third-Party Services or any other parties with whom you interact on, through or in connection with the GarageSaleGold Services. GarageSaleGold reserves the right, but has no obligation, to become involved in any way with these disputes.
The GarageSaleGold Services are provided “AS-IS” and “as available” and GarageSaleGold does not guarantee or promise any specific results from use of the GarageSaleGold Services. GarageSaleGold expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, GarageSaleGold makes no warranty that your use of the GarageSaleGold Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the GarageSaleGold Services or Third-Party Services (including but not limited to, through User Content or third-party advertisements) will be accurate or reliable. Under no circumstances will GarageSaleGold be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the GarageSaleGold Services, problems or technical malfunction in connection with use of the GarageSaleGold Services, attendance at a GarageSaleGold event, any material downloaded or otherwise obtained in connection with the GarageSaleGold Services, any User Content, third-party advertisement or Third-Party Service posted on, through or in connection with the GarageSaleGold Services, or the conduct of any users of the GarageSaleGold Services, whether online or offline. Your use of User Content, third-party advertisements, Third-Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third-party advertisements and Third-Party Services do not necessarily reflect the opinions or policies of GarageSaleGold.
Limitation on Liability
IN NO EVENT WILL GARAGESALEGOLD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE GARAGESALEGOLD SERVICES, EVEN IF GARAGESALEGOLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GARAGESALEGOLD ‘S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GARAGESALEGOLD FOR THE GARAGESALEGOLD SERVICES DURING THE TERM OF YOUR USE OF THE GARAGESALEGOLD SERVICES.
U.S. Export Controls
Software available in connection with the GarageSaleGold Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the GarageSaleGold Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
The Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and GarageSaleGold agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any dispute arising out of the Agreement or the GarageSaleGold Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
You agree to indemnify and hold GarageSaleGold, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of GarageSaleGold.com or the GarageSaleGold Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the GarageSaleGold Services.
GarageSaleGold does not knowingly accept, via the GarageSaleGold Services or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. GarageSaleGold’s policy is to simply delete any such submission without reading it or forwarding it to other GarageSaleGold staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any GarageSaleGold or Affiliated Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to GarageSaleGold via the GarageSaleGold Services (including but not limited to any public forum), however, such submissions and copyright become the property of GarageSaleGold and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as GarageSaleGold sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against GarageSaleGold or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
The failure of GarageSaleGold to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. GarageSaleGold is a trademark of GarageSaleGold, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.