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Terms and Conditions

CapeCodYardSale.com TERMS OF USE
 
 
1. ACCEPTANCE OF TERMS
 
CapeCodYardSale.com (CCYS)is an online auction site that provides a collection of online resources, including classified advertisements, 
online item listing, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). 
By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular CapeCodYardSale.com services, 
you agree to abide by any applicable posted guidelines for all CapeCodYardSale.com services, which may change from time to time. 
Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with 
CapeCodYardSale.com in any way, your only recourse is to immediately discontinue use of CapeCodYardSale.com. CapeCodYardSale.com 
has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.
 
 
2. MODIFICATIONS TO THIS AGREEMENT
 
CCYS reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. 
Modifications shall become effective immediately upon the posting thereof. You (site users) has a responsibility to review this 
agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU in CapeCodYardSale.com 
Terms of Use section. 
 
 
3. CONTENT
 
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") 
posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content 
originated. More specifically, you (site user) are entirely responsible for each individual item ("Item") of Content that you post, 
email or otherwise make available via the Service. CapeCodYardSale.com does not control, and is not responsible for Content 
made available through the Service, and that by using the Service; you may be exposed to Content that is offensive, indecent,
 inaccurate, misleading, or otherwise objectionable. Furthermore, the CapeCodYardSale.com site and Content available through the Service 
may contain links to other websites, which are completely independent of CapeCodYardSale.com. CapeCodYardSale.com makes no 
representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to 
any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, 
that you may not rely on said Content, and that under no circumstances will CapeCodYardSale.com be liable in any way for any Content or 
for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. 
You acknowledge that CapeCodYardSale.com does not pre-screen or approve Content, but that CapeCodYardSale.com shall have the 
right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for 
violating the letter or spirit of the TOU or for any other reason. CapeCodYardSale.com is not liable to give any explanation for 
removal of any content it may find objectionable or otherwise.
 
 
4. THIRD PARTY CONTENT, SITES, AND SERVICES
 
CapeCodYardSale.com site and Content available through the Service may contain features and functionalities that 
may link you or provide you with access to third party content which is completely independent of CapeCodYardSale.com, including 
web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, 
and the Internet as a whole.  
 
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or 
services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such 
organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online 
or offline transaction with any of these third parties. You agree that CapeCodYardSale.com shall not be responsible or liable for any loss or damage 
of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, 
you understand and agree that CapeCodYardSale.com is under no obligation to become involved. In the event that you have a dispute with one or 
more other users, you hereby release CapeCodYardSale.com, its officers, employees, agents and successors in rights from claims, demands and 
damages (actual and consequential) 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 our service. 
 
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the 
creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his 
settlement with the debtor."  
 
 
5.  NOTIFICATION OF CLAIMS OF INFRINGEMENT
 
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise 
violated, please notify CapeCodYardSale.com's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), 
at: support@CapeCodYardSale.com
 
or:
 
Abuse Report
CapeCodYardSale.com
PO Box 10, Sandwich, MA 02563
 
Please provide our Agent with the following Notice (information):
 
a) Identify the material on the CapeCodYardSale.com site that you claim is infringing, with enough detail so that we may locate it on the website;
 
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
 
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the 
copyright interest involved or that you are authorized to act on behalf of that owner;
 
d) Your address, telephone number, and email address; and
 
e) Your physical or electronic signature.
 
CapeCodYardSale.com will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA). No further 
action will be required on CCYS part other than removal of those specific items that violates copyright.
 
 
6. PRIVACY AND INFORMATION DISCLOSURE
 
CapeCodYardSale.com has established a Privacy Policy to explain to users how their information is collected and used, which is located /posted on the site.
 Please visit http://www.CapeCodYardSale.com to find and read the policy.
 
Your use of the CapeCodYardSale.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy. 
You further acknowledge and agree that CapeCodYardSale.com may, in its sole discretion, preserve or disclose your Content, 
as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the 
good faith belief that such preservation or disclosure is reasonably necessary to:  comply with legal process; enforce the TOU; respond to 
claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a 
third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of 
CapeCodYardSale.com, its users or the general public. 
 
 
7. CONDUCT
 
You agree not to post, email, or otherwise make available Content:
 
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
 
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including 
genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, 
or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
 
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, 
sexual orientation, race, ethnicity, age, or disability;
 
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference 
based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination 
on the basis of these or other characteristics);
 
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment 
a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
 
f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and
Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless 
otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
 
g) that impersonates any person or entity, including, but not limited to, a CapeCodYardSale.com employee, or falsely states or otherwise
 misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
 
h) that includes personal or identifying information about another person without that person's explicit consent;
 
i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
 
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to 
make available under any law or under contractual or fiduciary relationships;
 
k) that constitutes or contains  "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or 
unsolicited commercial advertisement;
 
l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the CapeCodYardSale.com sites which are not 
designated for such purposes; or emailed to CapeCodYardSale.com users who have not indicated in writing that it is ok to contact 
them about other services, products or commercial interests.
 
m) that includes links to commercial services or web sites, except as allowed in "services";
 
n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without 
limitation items the sale of which is prohibited or regulated by California law. A partial list of prohibited items for sale and prohibited services 
offered is provided on the site for your reference.
 
 
o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the 
functionality of any computer software or hardware or telecommunications equipment; 
 
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively 
affects other users' ability to use the Service; or
 
q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content 
transmitted through the Service.
 
Additionally, you agree not to:
 
r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
 
s) "stalk" or otherwise harass anyone;
 
t) collect personal data about other users for commercial or unlawful purposes;
 
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless 
permitted by CapeCodYardSale.com;
 
v) post non-local or otherwise irrelevant Content, repeatedly post the  same or similar Content or otherwise impose an unreasonable 
or disproportionately large load on our infrastructure;
 
w) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
 
x) attempt to gain unauthorized access to CapeCodYardSale.com's computer systems or engage in any activity that disrupts, diminishes 
the quality of, interferes with the performance of, or impairs the functionality of, the Service or the CapeCodYardSale.com website; or
 
y) use any form of automated device or computer program that enables the submission of postings on CapeCodYardSale.com 
without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation,
 the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
 
z) use any form of automated device or computer program ("flagging tool") that enables the use of CapeCodYardSale.com's "flagging system" or
 other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), 
or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;
 
8. POSTING AGENTS
 
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. 
To moderate demands on CapeCodYardSale.com's resources, you may not use a Posting 
Agent to post Content to the Service without express permission or license from CapeCodYardSale.com.  
Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, 
or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from CapeCodYardSale.com.
 
 
9. NO SPAM POLICY
 
You understand and agree that sending unsolicited email advertisements to CapeCodYardSale.com email addresses or through 
CapeCodYardSale.com computer systems, which is expressly prohibited by these Terms, Any unauthorized use of CapeCodYardSale.com 
computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act. 
Such violations may subject the sender and his or her agents to civil and criminal penalties.
 
 
10. PAID POSTINGS
 
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. 
Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable 
in the event that Content is removed from the Service for violating the TOU.
 
 
11. LIMITATIONS ON SERVICE
 
You acknowledge that CapeCodYardSale.com may establish limits concerning use of the Service, including the maximum number 
of days that Content will be retained by the Service, the maximum number and size of postings, email messages, 
or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. 
You agree that CapeCodYardSale.com has no responsibility or liability for the deletion or failure to store any 
Content maintained or transmitted by the Service. You acknowledge that CapeCodYardSale.com reserves the right at any time to modify 
or discontinue the Service (or any part thereof) with or without notice, and that CapeCodYardSale.com shall not be liable to you or 
to any third party for any modification, suspension or discontinuance of the Service.
 
 
12. ACCESS TO THE SERVICE
 
CapeCodYardSale.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use.  This license does not include: 
(a) access to the Service by Posting Agents; or 
(b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, 
or similar data gathering and extraction tools for any purpose unless expressly permitted by CapeCodYardSale.com. 
 
A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use 
such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a 
stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. 
 
CapeCodYardSale.com permits you to display on your website, or create a hyperlink on your website to, individual postings 
on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web 
blogs or personal online media).  If the total number of such postings displayed or linked to on your website exceeds one
 hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by 
CapeCodYardSale.com to do so.  You may also create a hyperlink to the home page of CapeCodYardSale.com sites 
so long as the link does not portray CapeCodYardSale.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
 
CapeCodYardSale.com offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or 
blog, or view postings through third party software news aggregators.  CapeCodYardSale.com permits you to display, excerpt from, and 
link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial 
purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on 
it, (c) you provide, adjacent to the RSS feed, proper attribution to 'CapeCodYardSale.com' as the source, (d) your use or display does not 
suggest that CapeCodYardSale.com promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not 
redistribute the RSS feed, and (f) your use does not overburden CapeCodYardSale.com's systems. CapeCodYardSale.com reserves 
all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
 
Use of the Service beyond the scope of authorized access granted to you by CapeCodYardSale.com immediately terminates said permission
 or license.  In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available 
via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from CapeCodYardSale.com.
 
 
13. TERMINATION OF SERVICE
 
You agree that CapeCodYardSale.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, 
block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, 
and remove and discard any Content within the Service, for any reason, including, without limitation, if CapeCodYardSale.com believes that you 
have acted inconsistently with the letter or spirit of the TOU. Further, you agree that CapeCodYardSale.com shall not be liable 
to you or any third-party for any termination of your access to the Service.  Further, you agree not to attempt to use the Service after 
said termination.  Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.
 
 
14. PROPRIETARY RIGHTS
 
The Service is protected to the maximum extent permitted by copyright laws and international treaties. 
Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, 
and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective 
work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is 
prohibited without the express written consent of CapeCodYardSale.com. You further agree not to reproduce, duplicate or copy Content 
from the Service without the express written consent of CapeCodYardSale.com, and agree to abide by any and all copyright notices displayed on the Service. 
You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. 
Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. 
CAPECODYARDSALE.COM is a registered mark in the U.S. Patent and Trademark Office.
 
Although CapeCodYardSale.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, 
you automatically grant, and you represent and warrant that you have the right to grant, to CapeCodYardSale.com an irrevocable, perpetual,
 non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of,