Keep Your Seat™ Online Bidding
The Keep Your Seat™ Online Bidding Web Site is comprised of various Web pages operated by Keep Your Seat™. Keep Your Seat™ is a trademark of Keep Your Seat Software, LLC. ("Keep Your Seat™").
Keep Your Seat™ Mobile Application
If you're accessing Keep Your Seat™ from a mobile device using a Keep Your Seat™ Mobile Application (the "Application"), the following additional terms and conditions apply to you.
Keep Your Seat™ permits you to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the Keep Your Seat™ web site. The Application uses network services and may incur additional network data charges.
Keep Your Seat™ owns all right, title, and interest in and to its Applications, including all intellectual property rights, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Keep Your Seat™ ’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any eBay Application.
The Keep Your Seat™ Online Web Site and Application are offered to you conditioned on your acceptance without modification of the terms, conditions, notices, and Privacy Policies
contained herein. Your use of the Keep Your Seat™ Online Web Site or Application constitutes your agreement to all such terms, conditions, notices, and Privacy Policies
Keep Your Seat™ reserves the right to change the terms, conditions, notices, and Privacy Policies
LINKS TO THIRD PARTY SITES
The Keep Your Seat™ Online Web Site and Application may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Keep Your Seat™ and Keep Your Seat™ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Keep Your Seat™ is not responsible for webcasting or any other form of transmission received from any Linked Site. Keep Your Seat™ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Keep Your Seat™ of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Keep Your Seat™ Online Web Site and Application, you warrant to Keep Your Seat™ that you will not use the Keep Your Seat™ Online Web Site or Application for any purpose that is unlawful or prohibited by these terms, conditions, notices, and Privacy Policies
. You may not use the Keep Your Seat™ Online Web Site or Application in any manner which could damage, disable, overburden, or impair the Keep Your Seat™ Online Web Site or Application or interfere with any other party's use and enjoyment of the Keep Your Seat™ Online Web Site or Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Keep Your Seat™ Online Web Site or Applications.
USE OF COMMUNICATION SERVICES
The Keep Your Seat™ Online Web Site or Application may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not disseminate information or engage in activities that:
- Are false, inaccurate or misleading.
- Are fraudulent or involve the sale of counterfeit or stolen items.
- Are related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools), with the exception of payments for gaming transactions that are expressly authorized by law in the jurisdiction of both the sender and the recipient of the payment.
- Infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy.
- Violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising)
- Are defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
- Are obscene or contain child pornography.
- Knowingly contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information.
- Create liability for Keep Your Seat™ or cause Keep Your Seat™ to lose (in whole or in part) the services of Keep Your Seat™'s Internet Service Providers or other suppliers.
- Involve the preparation and/or distribution of "junk mail", "spam", "chain letters", "pyramid schemes" or the like.
- Would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations.
- Involve the unauthorized entry to any machine accessible via the Services.
- Are for another organization other than the Client.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Keep Your Seat™ has no obligation to monitor the Communication Services. However, Keep Your Seat™ reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Keep Your Seat™ reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Keep Your Seat™ reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Keep Your Seat™'s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Keep Your Seat™ does not control or endorse the content, messages or information found in any Communication Service and, therefore, Keep Your Seat™ specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Keep Your Seat™ spokespersons, and their views do not necessarily reflect those of Keep Your Seat™.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO KEEP YOUR SEAT OR POSTED AT ANY KEEP YOUR SEAT ONLINE WEB SITE
Keep Your Seat™ does not claim ownership of the materials you provide to Keep Your Seat™ (including feedback and suggestions) or post, upload, input or submit to any Keep Your Seat™ Online Web Site or Application or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Keep Your Seat™, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Keep Your Seat™ is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Keep Your Seat™'s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
WEB SERVICES AVAILABILITY
Like all web services, Keep Your Seat™'s web sites delivering the products and services may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Although Keep Your Seat™ will make reasonable effort to minimize such downtime, Keep Your Seat™ does not guarantee 100% availability of its products and services. In addition, Keep Your Seat™ does not represent and warrant the availability of any other website used to verify transactions.
Due to the nature of the services provided by Keep Your Seat™, we cannot offer any return policy. Items purchased during the auction are final and non-refundable.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KEEP YOUR SEAT ONLINE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KEEP YOUR SEAT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KEEP YOUR SEAT ONLINE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE KEEP YOUR SEAT ONLINE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
KEEP YOUR SEAT SHALL NOT HAVE ANY LIABILITY HEREUNDER FOR (A) ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR (B) MONETARY DAMAGES OF ANY KIND IN EXCESS OF THE AMOUNTS PAID TO KEEP YOUR SEAT PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF KEEP YOUR SEAT HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THE ABOVE LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE TO YOU.
EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS EXPRESSLY SET FORTH HEREIN OR IN A SEPARATE WRITTEN AGREEMENT BETWEEN CLIENT AND KEEP YOUR SEAT, KEEP YOUR SEAT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS AGREEMENT. SOME STATES DO NOT PERMIT THE LIMITATION OF IMPLIED WARRANTIES, AND THUS THIS LIMITATION MAY NOT BE APPLICABLE TO YOU.