Introduction

Welcome to Nantucket Yardsale. By using the services on the Nantucket Yardsale websites (Nantucket Yardsale.com and other related websites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with Nantucket Yardsale and the general principles for the website. If you have any questions, please refer to our Help section.

Before you may become a member of Nantucket Yardsale, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some Nantucket Yardsale-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website. Membership is non-transferable

This Agreement is effective on April 1, 2009, for current users, and upon acceptance for new users.

Using Nantucket Yardsale

While using Nantucket Yardsale, you will not:

·         post content or items in an inappropriate category or areas on our sites and services;

·         violate any laws, third party rights, or our policies such as the but no limited to Prohibited and Restricted Items policies;

·         use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;

·         manipulate the price of any item or interfere with other user's listings;

·         circumvent or manipulate our fee structure, the billing process, or fees owed to Nantucket Yardsale;

·         post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

·         distribute or post spam, chain letters, or pyramid schemes;

·         distribute viruses or any other technologies that may harm Nantucket Yardsale, or the interests or property of Nantucket Yardsale users;

·         copy, modify, or distribute content from the Sites and Nantucket Yardsale's copyrights and trademarks; or

·         harvest or otherwise collect information about users, including email addresses, without their consent.

Abuse

Nantucket Yardsale works hard keep our sites and services working properly and keep ourselves safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for 6 months. No refund will be given to canceled accounts.

Fees and Services

Joining Nantucket Yardsale and bidding on listed items is free.

We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective immediately by posting the changes on the Nantucket Yardsale site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Liability

You will not hold Nantucket Yardsale responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not a traditional auctioneer. Instead, the sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. 

If we are found to be liable, our liability to you or to any third party is limited to the fee you paid for the portion of the listing that was affected.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference

The sites contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Nantucket Yardsale by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.

Additionally, you agree that you will not:

·         take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

·         copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of Nantucket Yardsale and the appropriate third party, as applicable;

·         interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or

·         bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes. We use your information only as described in the Nantucket Yardsale Privacy Policy. We view protection of users' privacy as a very important community principle. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the Nantucket Yardsale Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on Nantucket Yardsale's national registered agent (in the case of Nantucket Yardsale) or to the email address you provide to Nantucket Yardsale during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.