Garage Sales, Yard Sales, Estate Sales

GarageSales.com Terms of Use

 

Date of Last Revision: October 29, 2008

Welcome to GarageSales.com! GarageSales.com provides users with the ability to post information online about their garage sales, search for garage sales (and specific types of items being sold) in their area, and potentially connect directly with other users who have posted classified ads on the GarageSales.com website (the “Website”) at no charge to the user (Please note: advertising a business involves a small fee – See below). The services offered by Media Breakaway, LLC (“Media Breakaway”) include the Website and any other services, content, or applications offered from time to time by Media Breakaway in connection with the Website and its affiliated sites, interactive computer services and online properties. All listings posted on or through GarageSales.com (“Listings”) and all transactions conducted in connection with a Listing, are subject to and governed by these GarageSales.com Terms of Use (the “Terms”) as well as by the Media Breakaway Copyright Policy, the Media Breakaway Acceptable Use Policy, and the Media Breakaway Privacy Policy, which are all incorporated by reference into these Terms. WHEN YOU USE GARAGESALES.COM IN ANY MANNER YOU ARE AGREEING TO ABIDE BY THESE TERMS AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE. Should you object to any term or condition of these Terms (or any subsequent modification to them) or become dissatisfied with GarageSales.com in any way, your only recourse is to immediately discontinue use of GarageSales.com.

Please note that all Listings are posted and offered by the user and not by GarageSales.com. The parties participating in a resulting transaction are solely responsible for all aspects of any such transaction and for resolving any disputes that arise in connection to the transaction, including but not limited to, payment processing, order fulfillment and delivery, and customer support.

Listing Rules

To help promote a safe, fair, and enjoyable experience, GarageSales.com has established the following rules for Listings:

  • All Listings must be accurate and not misleading, and you may not use GarageSales.com in a fraudulent manner, including but not limited to, engaging in any fraudulent activity or purpose or impersonating any other person or entity.
  • You may list an item in only one Listing at a time per account. Please select the most appropriate category for the item in your Listing.
  • You may not list any item for sale that is not in your possession or that you do not have the right to sell at the time the item is listed.
  • You may not post any material that contains or links to any viruses, worms, Trojan horses, malware, corrupted data or other harmful, disruptive or destructive files or programs.
  • You may not post in a Listing any content that is obscene, offensive, harassing, hateful, inflammatory, abusive, defamatory, harmful, fraudulent, invasive of privacy or publicity rights, infringing of any third party’s intellectual property rights, or otherwise violates these Terms.
  • You may not promote, encourage or solicit illegal activity of any kind.
  • You may not offer, list or sell any items that are designated in these Terms as Prohibited Items (see below).

All Listings and all transactions entered into as a result of GarageSales.com must comply with all applicable laws, rules, regulations and restrictions, and you may not offer, list, sell, solicit, request or provide anything through GarageSales.com in a jurisdiction where such action would violate any law, rule, regulation or restriction. The parties to a transaction are solely responsible for researching and determining the scope of the applicable law to determine whether a listing or transaction complies with applicable law.

General Rules and Guidelines

  • Listings will be posted on GarageSales.com until the “end date” of your garage sale as posted in your Listing.
  • For businesses listings, please contact us for pricing and other information.
  • The parties to a transaction as a result of GarageSales.com are solely responsible for all interactions with each other, for arranging for payment, customer service and the exchange and fulfillment of the goods or services purchased, and for the results of the transaction and for all applicable taxes. Media Breakaway is not responsible for any failure to pay any amounts due, or to deliver any goods or services as promised or for any other aspect of the transaction. YOU UNDERSTAND AND AGREE THAT MEDIA BREAKAWAY IS UNDER NO OBLIGATION TO BECOME INVOLVED FOR ANY REASON.
  • In the event that you have a dispute with one or more other users or third parties as a result of your use of GarageSales.com, you hereby release and agree to indemnify Media Breakaway, its affiliated companies, and their respective officers, employees, agents and successors in rights from any and all claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or GarageSales.com.
  • You should be aware that Listings are intended to be public. Therefore, you should also avoid posting your name, phone number, or other personal information in your Listings.
  • Parties to a transaction should exercise caution in providing contact information or personal information to the other party and in making personal contact with the other party. GarageSales.com is not responsible for the actions of any of its users, and GarageSales.com is provided AS IS AND AT YOUR OWN RISK.
  • You are responsible for all listings posted by you.
  • You must own or otherwise have the right to use all photographs used in any Listings, and such photographs must accurately represent the item involved in your transaction.
  • You may not use GarageSales.com to send spam or other unsolicited commercial emails of any kind or send spam to any user you locate through GarageSales.com.
  • You may not use information that a specific user navigated from GarageSales.com to your web site or any personally-identifiable information regarding any user of GarageSales.com to target unsolicited communications specifically to users of GarageSales.com without Media Breakaway’s prior written consent.
  • Media Breakaway reserves the right to immediately and without notice remove, suspend, or terminate any Listing or your use of GarageSales.com, for any reason, or no reason, at its sole discretion, including without limitation if you violate these Terms.
  • If you believe a Listing violates these Terms, you may report the violation to GarageSales.com by contacting us, and GarageSales.com will determine in its sole discretion how to address such Listing. Please see our Copyright Policy to see how to report listings that you believe infringe a copyright you own or control. It is a violation of these Terms to intentionally misreport a Listing as violating these Terms.

These Terms may be modified or replaced by Media Breakaway at any time with or without notice to you in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the GarageSales.com website. Your continued use of GarageSales.com following the posting of such changes or modifications will constitute your acceptance or the revised Terms. You should therefore review these Terms periodically and before posting any Listing or otherwise using GarageSales.com. If you do not agree to the revised Terms, you must stop using GarageSales.com.

Prohibited Items

Without limiting any of the restrictions contained elsewhere in these Terms, the following partial list of items may not be sold, provided or otherwise transacted through GarageSales.com:

  • Firearms, ammunition and other weapons (including martial arts weapons) and related accessories
  • Fireworks, explosives, and any destructive devices
  • Sexual services or sexually explicit or obscene materials (including but not limited to child pornography)
  • Controlled substances, illegal drugs and drug paraphernalia
  • Prescription or nonprescription drugs and medical devices
  • Alcohol or tobacco products
  • Goods made from protected animals or plants
  • Restricted or regulated plants and insects
  • Pesticides or other hazardous substances
  • Illegal, stolen or counterfeit goods (including but not limited to knock-offs of brand name products)
  • Blood, bodily fluids and body parts
  • False or forged identification cards, citizenship documents, or birth certificates
  • Items bearing police insignia
  • Illegal telecommunications equipment, such as hacking and illegal surveillance equipment, access cards and descrambling equipment
  • Burglary tools, such as lock-picks or motor vehicle master keys
  • Counterfeit stamps, currency and coins, including any equipment designed to produce them
  • Material that infringes the rights of a third party, including copyrights, trademarks, patents, rights of publicity and rights or privacy (including warez and bootleg copies without the band’s express written consent)
  • Airline tickets that restrict transfer
  • Lottery or raffle tickets, sweepstakes or contest entries or gambling related items or devices
  • Used or rebuilt batteries
  • Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information
  • Stocks, bonds, and securities
  • Event tickets if the sale, pricing or manner of sale violates state and local regulations
  • Any item that violates US export laws to sell to the intended seller, including items subject to US embargoes
  • Items that are associated with hate groups such as Nazis or the Ku Klux Klan
  • Items subject to a recall or for which resale is prohibited

Please note that this list is not meant to be a complete list of all Prohibited Items and is meant to be interpreted broadly. This list is subject to change at any time. If you have any question as to whether or not a particular Listing would include a Prohibited Item, please do not post the questionable item in a Listing. Thanks.