Mega Estate Sales Terms of Use

Terms of Service ("Terms")

Last updated: June 09, 2015

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.megaestatesales.com website (the "Service") operated by Sky People LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Sky People LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Sky People LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Sky People LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Sky People LLC.

By using this website you agree not to steal or attempt to repurpose any of the original code, logic, layout, design, or user experiences contained on this website.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Sky People LLC.

Sky People LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Sky People LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Sky People LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Sky People LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Sky People LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Code Of Conduct

You must agree to the following:

(i)You must not use our products for any illegal or unauthorized purpose, nor may you in using our service violate any laws in your jurisdiction (including but not limited to copyright laws).
(ii)You must not use the service to transmit, upload, or post any computer 'worms' or 'viruses' or any code of a destructive nature.
(iii)You must not use the service to transmit, upload, post, or attempt to express any kind of thought, feeling, or sentiment, which could reasonably be considered profane, vulgar, or offensive to any person or group.
(iv)You must not use the service to transmit, upload, or post any image or photograph which could reasonably be considered profane, vulgar, or offensive to any person or group, such as nude, pornographic, violent, or otherwise distrubing images.
(v)You must not use the service in an attempt to undermine the business interests of Sky People LLC.
(vi)You must not represent that any content posted or transmitted by you is endorsed or approved by Sky People LLC unless specifically authorized to do so by a representative of Sky People LLC.
(vii)You must not under any circumstance reuse, download, or otherwise procure through any means, any portion of the code base of www.megaestatesales.com

Failure to abide by the code of conduct or any other portion of these terms will result in the immediate termination of your services and the removal of any and all offending content.

Use Of Site

Companies bear sole responsibility for all sales listed on this website. Sky People LLC assumes no liability resulting from the innaccuracy of addresses or of the mapping services. It is the sole responsibility of the company or persons having the estate sale to verify the accuracy of the mapping function and addresses posted to this website.

When posting links, only links pertaining to a company's own website, or a webpage pertaining specifically to that company's business interests, or in the case of an online auction listing, the website where the items are up for auction, are to be allowed on sale pages.

Sky People LLC reserves the right to remove a sale or prevent a sale from being listed for any reason whatsoever that has been conceived of at any point in time, whether in the past, present, or future, and whether the reason is conceived of as a thought, theory, idea, or written statement, is real or imaginary, is true or untrue, is expressed or unexpressed, and is of or pertaining to any reality or abstraction of all that is known or ever will be known in the whole of the universe.

Types Of Sales Allowed On Site

The following list contains examples of valid estate sale listings:

A sale held inside a home, apartment, condominium, or other quarters relevant to the sale contents and where ample space is available for the conduction of an Estate Sale.
A sale or auction held online for the purpose of liquidating an estate as long as local pickup is available for all items.
A going out of business/went out of business/business liquidation sale held inside the business, near the business, or around the business.
An estate sale or tag sale that has been moved to an alternate location (another home, outdoors, or other type of location) because the sale can't be held at the location of the estate in question, for instance, it would be in a gated community or other restricted access or space limited confines. *You must specify in the listing's description why the sale has been moved offsite.
A sale for charity or a sale for the benefit of people or a person in need where the cause is displayed prominently to visitors.

The following list contains examples of invalid estate sale listings:

A listing for a yard sale or garage sale in which a negligible portion of the estate to which the items belong is for sale.
A listing for any kind of flea market or other indoor or outdoor market which sells new items or in which the majority of the items are not from an estate.
A listing for any kind of retail store, with the sole exception that the store's business is to hold mixed or single owner estate sales.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Missouri, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please Contact Us.

The Privacy Policy is part of our terms of use, acceptance of these Terms constitutes acceptance of our Privacy Policy.