Terms of Use | OpenSeat.me

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Please read these terms of use carefully before using this website.

These Terms of Use govern your use of our website https://www.OpenSeat.me/ (the “Site”) and any related websites, content, applications, or services (collectively the “Services”) offered by OpenSeat (“OpenSeat,” “Us,” or “We”).

By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, then you are not authorized to use any of OpenSeat’s services.

Your access to and use of the Services are subject to the Terms of Use and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect. If you are using the Services on behalf of an organization then (a) “you” includes you and that entity, and (b) you represent and warrant you are authorized to bind the entity to these Terms of Use, and (c) your entity is responsible for your use of the Services and use by others affiliated with your entity such as employees, agents, or contractors.

If you have any questions regarding the Terms of Use, please contact us via the contact information below.

1. Purpose and Ownership

You agree that the Site itself, as well as all content, videos, training materials, products, services, and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by OpenSeat and are the property of OpenSeat and/or its third party providers. You agree that such Content includes all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide.

2. Communication with the Company

When you register with OpenSeat and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from OpenSeat. You consent to receive notices electronically by way of transmitting the notice to you by email.

If you send comments or suggestions about the Site to the company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of OpenSeat. No submission shall be subject to any obligation of confidence on the part of OpenSeat. OpenSeat shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

3. License to Use Services

Subject to your compliance with these Terms of Use, OpenSeat hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes.

All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of OpenSeat and/or a supplier to OpenSeat. No such materials may be used except as provided in these Terms of Use.

All trade names, trademarks, and images and biographical information of people used in OpenSeat Content and contained in the Site, including without limitation the name and trademark “OpenSeat”, are either the property of, or used with permission by, OpenSeat. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of OpenSeat and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of OpenSeat or third party owner. OpenSeat respects the copyright, trademark and all other intellectual property rights of others.

If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify OpenSeat at info@OpenSeat.me. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. Access to and Disclosure of Data and Files

OpenSeat shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

OpenSeat will not intentionally disclose any personally identifying information about you to third parties, except where OpenSeat, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of OpenSeat’s Privacy and Cookie Policy.

5. Disclaimer of Warranties

While OpenSeat uses reasonable efforts to include accurate and up-to-date information in the Site, OpenSeat makes no warranties or representations as to its accuracy. OpenSeat assumes no liability or responsibility for any errors or omissions in the content of the Site. OpenSeat does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components.

6. Limitation of Liability

Neither OpenSeat nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. OpenSeat does not warrant or make any representations regarding the use of the materials in the site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction.

OpenSeat shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, stripe payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. OpenSeat reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption. OpenSeat also reserves the right to limit your use of the site and/or the content or to terminate your account should the company determine that you have violated these terms of use, or that you have violated any other rules or conditions of the company. OpenSeat reserves the right to refuse access to the site and/or the company’s content, products and/or services to anyone in its sole discretion. OpenSeat reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption.

In no event shall OpenSeat be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the company has been advised or is aware of the possibility of such damages.

7. Indemnification

You agree to indemnify and hold OpenSeat and each of its directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Policy, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that OpenSeat may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. OpenSeat reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such an event, you shall provide OpenSeat with such cooperation as is reasonably requested by OpenSeat.

8. Governing Law

The provisions of these Terms of Use are for the benefit of the company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

This agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use may be revised from time to time and the most current version will be binding on all current users.