USER AGREEMENT
The following describes the terms by which Art Garage Sale, Inc. ("Art Garage Sale") offers you access to its services:
Introduction:
By using the services provided on the Art Garage Sale website (ArtGarageSale.com), you are agreeing to the following terms and conditions, including those available by hyperlink, if any. Before you become a member of Art Garage Sale, you must read and accept all of the terms and conditions in, and linked to, if any, this User Agreement. YOU ARE STRONGLY URGED TO READ THIS USER AGREEMENT AND ANY LINKED INFORMATION.
This User Agreement is effective October 1, 2008, for current users and upon acceptance by new users.
General Terms
1. You are responsible for keeping your password secure and any activity that occurs under your user name.
2. You may not abuse, harass, threaten, impersonate or intimidate other Art Garage Sale users.
3. You may not use the Art Garage Sale service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.
4. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post and display on the Art Garage Sale service.
5. You may not modify, adapt or hack Art Garage Sale.com or modify another website so as to falsely imply that it is associated with Art Garage Sale.
6. You may not submit, distribute or post on this website, spam, chain letters or pyramid scams.
7. You may not transmit any worms or viruses or any code of a destructive nature.
8. You may not, in the use of Art Garage Sale, violate any laws in your jurisdiction.
9. You may not post false, inaccurate, misleading, defamatory or libelous content on this website.
Violation of any of these agreements will result in the termination of your Art Garage Sale account. While Art Garage Sale prohibits such conduct and content on its site, you understand and agree that Art Garage Sale is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Art Garage Sale service at your own risk.
General Conditions
1. Art Garage Sale reserves the right to modify or terminate the Art Garage Sale service for any reason, without notice at any time.
2. Art Garage Sale reserves the right to alter this User Agreement at any time. If the alterations constitute a material change to this User Agreement, Art Garage Sale will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at Art Garage Sale's sole discretion, in good faith and using common sense and reasonable judgment.
3. Except as otherwise expressly prohibited by law, Art Garage Sale reserves the right to refuse service to anyone for any reason at any time.
4. Art Garage Sale may, but has no obligation to, remove Content ("Content") and accounts containing Content that Art Garage Sale determine in Art Garage Sale's sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the User Agreement, the Privacy Policy or other policy documents and community guidelines as posted on Art Garage Sale from time to time.
5. The Art Garage Sale service makes it possible to post images hosted on Art Garage Sale to outside websites. This use is accepted. However, pages on other websites which display images hosted on Art Garage Sale must provide a link back to Art Garage Sale from each photo to its photo page on Art Garage Sale.
6. Your account will be terminated, without prior notice, if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
7. You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to Art Garage Sale, you agree to allow other Art Garage Sale users to view them and you agree to allow Art Garage Sale to display the images and content on Art Garage Sale (for example, in your shop and on Art Garage Sale's Homepage) and store the images, item description, profile and other content.
8. ART GARAGE SALE, and other Art Garage Sale graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Art Garage Sale, Inc. in the U.S. and/or other countries. Art Garage Sale's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
Art Garage Sale may amend this User Agreement and any other policy documents and community guidelines, at any time by posting the amended terms on Art Garage Sale.
Membership Eligibility
Art Garage Sale's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Art Garage Sale's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Art Garage Sale members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Art Garage Sale. Further, no Art Garage Sale account (including feedback) or User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Fees and Services
Joining and setting up a shop on Art Garage Sale is free. Art Garage Sale charges fees for listing items for sale through Art Garage Sale. When you list an item you have an opportunity to review and accept the fees that you will be charged. Art Garage Sale's Fees and Credits Policy is available and is incorporated into this User Agreement by reference. Art Garage Sale's Fees and Credits Policy and the fees for Art Garage Sale's services are subject to change. Changes to the Fees and Credits Policy and the fees for our services are effective after Art Garage Sale provides you with at least fourteen (14) days' notice of the changes by posting the changes on Art Garage Sale. However, Art Garage Sale may choose to temporarily change Art Garage Sale's Fees and Credits Policy and the fees for Art Garage Sale's services for promotional events (for example, free listing days) and such changes are effective when Art Garage Sale posts the temporary promotional event on Art Garage Sale. Art Garage Sale may, at Art Garage Sale's sole discretion, change some or all of Art Garage Sale's services at any time. In the event Art Garage Sale introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You are responsible for paying all fees associated with using Art Garage Sale's service and Art Garage Sale and all applicable taxes, including sales taxes.
Fees for our services are described here.
Art Garage Sale is a Venue
Art Garage Sale is not a retailer. Although Art Garage Sale is commonly referred to as an online marketplace, it is important to realize that Art Garage Sale is not a traditional "retailer." Instead, Art Garage Sale acts as a venue to allow an individual who complies with the User Agreement to offer, sell, and buy fine art which comply with the User Agreement, within a fixed fee format. Art Garage Sale is not involved in the actual transaction between buyers and sellers. As a result, Art Garage Sale has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Art Garage Sale cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Art Garage Sale does not transfer legal ownership of items from the seller to the buyer.
Identity Verification
However, because user verification on the Internet is difficult, Art Garage Sale cannot and does not confirm each user's purported identity. Thus, Art Garage Sale has established a user-initiated feedback system to help you evaluate with whom you are dealing. Art Garage Sale also encourages you to communicate directly with potential transaction partners through the tools available on Art Garage Sale. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Release
Because Art Garage Sale is a venue, in the event that you have a dispute with one or more users, by your use of the website, you irrevocably release and hereby indemnify Art Garage Sale (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, including attorney's fees incurred by Art Garage Sale.
Information Control
Art Garage Sale does not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using Art Garage Sale. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Art Garage Sale, you agree to accept such risks and that Art Garage Sale (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Art Garage Sale.
Buying
A buyer is obligated to immediately pay in full using PayPal by clicking the "Buy Now" button during checkout. A buyer has (3) days to submit full payment to the seller.
A seller must abide by all of Art Garage Sale's policies and the seller's own individual shop policies and sell and the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns.
Billing
Each Art Garage Sale seller is responsible for paying the Art Garage Sale fees incurred. Art Garage Sale keeps sellers' credit card information on file as well as the sellers PayPal information. At the beginning of the month each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice. If a seller's account is not paid in full, penalties, such as the suspension of privileges, will be enforced. If you have a question, email billing@ArtGarageSale.com.
Listing and Selling
Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline individual shop policies (in their Shop Announcement or Profile) for their Art Garage Sale shop. These policies include, for example shipping, returns, payment and selling policies. Sellers must create these policies in good faith and must abide by such policies. Art Garage Sale reserves the right to request that a seller modify an individual policy.
Binding Sale: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
Termination: Without limiting any other remedies, Art Garage Sale, without notice, may suspend or terminate your account if Art Garage Sale suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of Art Garage Sale's policies set out in this Agreement, the Privacy Policy or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Art Garage Sale.
Manipulation: The price stated in each Art Garage Sale Item Description must be an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item's price prior to a sale for the purpose of avoiding Art Garage Sale transaction fees, and hacking into another's account and altering prices. Neither buyer nor seller, may manipulate the price of any item for any reason. Further, neither buyer nor seller may interfere with any other member's listings or transactions.
Prohibited, Questionable and Infringing Items
Definition: "Your Information" is defined as any information you provide to Art Garage Sale or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the feedback area) or through any email feature. You are solely responsible for Your Information, and Art Garage Sale acts as a passive conduit for your online distribution and publication of Your Information.
"Your Activities" include, for example, listing items, posting comments in any public message area (including feedback area) and email.
Restricted Activities: Your Activities which results in Your Information (or any items listed) on Art Garage Sale shall not:
1. be false, inaccurate or misleading;
2. be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate this User Agreement;
3. infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
4. violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); Art Garage Sale also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
5. be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
6. be obscene or contain child pornography, or otherwise shall be subject to the Mature Content rules as outlined in this User Agreement;
7. contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
8. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
9. link directly or indirectly to or include descriptions of goods or services that:
(a) are prohibited under this Agreement, the Privacy Policy or other policy documents and community guidelines as posted on Art Garage Sale or;
(b) are identical to other items you have for sale but are priced lower;
(c) are concurrently listed for sale on a web site other than Art Garage Sale's (this does not prevent linking to or advertising an Art Garage Sale item from another web site); or
(d) you do not have a right to link to or include.
Furthermore, you may not list any item on Art Garage Sale (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
License: Solely to enable Art Garage Sale to use the information you supply us with, so that Art Garage Sale is not violating any rights you might have in that Your Information, you agree to grant Art Garage Sale a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Art Garage Sale will only use Your Information in accordance with Art Garage Sale's Privacy Policy.
Access and Interference
Art Garage Sale may contain robot exclusion headers. Much of the information on Art Garage Sale is updated on a real time basis and is proprietary or is licensed to Art Garage Sale by Art Garage Sale's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Art Garage Sale for any purpose without our prior express written permission. Additionally, you agree that you will not:
1. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
2. copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information, or other allowed uses as set out in the User Agreement) from the site without the prior expressed written permission of Art Garage Sale and the appropriate third party, as applicable;
3. interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or
4. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Art Garage Sale.
Feedback
Integrity: You may not take any actions that may undermine the integrity of the feedback system. Art Garage Sale may, without prior notice, limit the number of purchases and listings, which you may place on Art Garage Sale based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.
Export: You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Art Garage Sale. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Art Garage Sale users, you agree that you shall not market or export your Art Garage Sale feedback rating in any venue other than an Art Garage Sale operated website.
Import: Art Garage Sale does not provide you with the technical ability to import feedback from other (non-Art Garage Sale operated) websites to Art Garage Sale because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Breach
Without limiting other remedies available, Art Garage Sale may, without prior notice, limit your activity, immediately remove your item listings, warn Art Garage Sale's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
1. you breach this User Agreement or other policy documents and community guidelines this Terms of Use incorporates by reference;
2. Art Garage Sale is unable to verify or authenticate any of Your Information; or
3. Art Garage Sale believes that your actions may cause financial loss or legal liability for you, Art Garage Sale's users or Art Garage Sale.
Privacy Policy
Art Garage Sale does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and Art Garage Sale only uses your information as described in the Privacy Policy. Art Garage Sale views protection of users' privacy as a very important community principle. Art Garage Sale understands clearly that you and Your Information is one of Art Garage Sale's most important assets. Art Garage Sale stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use Art Garage Sale's services.
No Warranty
ART GARAGE SALE, ART GARAGE SALE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ART GARAGE SALE'S SUPPLIERS PROVIDE ART GARAGE SALE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ART GARAGE SALE, ART GARAGE SALE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ART GARAGE SALE'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Liability Limit
IN NO EVENT SHALL ART GARAGE SALE, AND (AS APPLICABLE) ART GARAGE SALE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ART GARAGE SALE'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
ART GARAGE SALE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ART GARAGE SALE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ART GARAGE SALE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD ART GARAGE SALE AND (AS APPLICABLE) ART GARAGE SALE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, 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 THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency
You and Art Garage Sale are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Art Garage Sale Attn: Legal Department; 437 S. Jay St. Lakewood, CO 80226 (in the case of Art Garage Sale) or to the email address you provide to Art Garage Sale 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, Art Garage Sale may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Art Garage Sale during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
Art Garage Sale's goal is to make you happy. In the event a dispute arises between you and Art Garage Sale, please email Art Garage Sale at support@ArtGarageSale.com and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Disputes between you and Art Garage Sale regarding Art Garage Sale's services may be reported to Customer Support by emailing support@ArtGarageSale.com.
Disclosures
Parental control protections that may assist you in limiting access to material that is harmful to minors (such as computer hardware, software, or filtering services) are commercially available. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. Art Garage Sale is not affiliated with SafetySurf.com.
Law and Forum for Disputes
THIS USER AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF COLORADO AS THEY APPLY TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN COLORADO BETWEEN COLORADO RESIDENTS, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY CLAIM OR DISPUTE YOU MAY HAVE AGAINST ART GARAGE SALE MUST BE RESOLVED BY A COURT LOCATED IN JEFFERSON COUNTY, COLORADO. YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN JEFFERSON COUNTY, COLORADO FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES.