15 SECONDS OF FAME - AUCTION TERMS OF USE
Last updated: October 17, 2022
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The following terms of use (the "Auction Terms of Use") contain the terms and conditions applicable to you and your access to and use of the auction features (the “Auction”) on the website https://15sof.com/, including the mobile version of the website (collectively, the "Website") and any mobile application relating to the Website (the "App") regardless of how accessed (collectively, the Website and the App are referred to as the "Properties"). The Properties are owned and operated by 15 Seconds of Fame Live, LLC. (d/b/a) 15SOF Charity ("15SOF Charity," "we", "us", "our"). Your participation in any Auction on the Properties is at all times subject to these Auction Terms of Use as well as 15SOF Charity’s general Terms of Use http://15sofcharity.com/viewuserdefinedpage.aspx?pn=terms-of-use (which are incorporated herein), as the same may be modified by us, and all applicable laws, rules and regulations. Please read these Auction Terms of Use carefully. If you are dissatisfied with these Auction Terms of Use or the Properties or any material on the Properties, your sole and exclusive remedy is to discontinue using the Properties.
1. ACCEPTANCE OF AUCTION TERMS OF USE
BY PARTICIPATING IN ANY AUCTION, YOU AGREE TO THESE AUCTION TERMS OF USE. If you do not agree to be bound by these Auction Terms of Use, please discontinue your use of the Properties. 15SOF Charity reserves the right, in its sole discretion, to amend these Auction Terms of Use, and to modify, add or discontinue any aspect, content, or feature of the Properties of the Auction. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Properties, via e-mail or any other reasonable means. Continued use of the Properties or participation in the Auctions by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
2. ADDITIONAL AUCTION TERMS
In order to participate in certain Auctions on the Properties, you may be required to agree to additional or different terms and conditions including those set forth on the listing page for the Auction (the "Additional Auction Terms"). Additional Auction Terms may include a minimum bid price (“Minimum Bid Price”) or a reserve price, which is a minimum price at which the item will be sold (“Reserve Price”). If there is no bid which matches or exceeds the Minimum Bid Price or Reserve Price, we are not obligated to sell the item. If there is a conflict between these Auction Terms of Use and any Additional Auction Terms, the Additional Auction Terms shall control and the non-conflicting provisions in these Auction Terms of Use will continue to apply. If an Auction does not contain Additional Auction Terms, then only these Auction Terms of Use apply. We reserve the right to limit, change, or cancel any Auctions, without prior notice, even after bids have been submitted.
3. SPECIAL BIDDING RULES
You are required to enter a valid credit card number to place a bid for any Auction. Your credit card will not be charged unless you are the winning bidder, however, we reserve the right to put an authorization or hold on the credit card for an amount reasonably related to the item on which you are bidding. When bidding for an item in any Auction, you agree that: (a) you are making an irrevocable binding offer to purchase the item (which may only be retracted in limited circumstances set out below in Bid Cancellation or if otherwise permitted by law) and that if you are the winning bidder, that your bid is a legally binding contract to purchase the item except in certain limited circumstances set out below and we may charge your credit card; (b) you are responsible for reading and understanding the full item listing and any Additional Auction Terms that accompany the listing; (c) you will not take any actions that directly or indirectly manipulate the bid or the bidding process and that no shill bidding is permitted; and (d) you will not bid on any item which violates any law, rule or regulation to which you are subject and that if you do so your bid is considered null and void. We reserve the right to determine bid increments with respect to any Auction, and to change such bid increments, in our sole discretion, during any Auction. The winning bid will be the bid that is the highest dollar amount at the time the Auction closes. Auction closing times are approximate, and we reserve the right to close an Auction early or later (including, without limitation, if we receive a bid within five minutes of the closing time for any Auction) than the scheduled time or to cancel an Auction in its entirety for any reason. You may be entitled to a charitable deduction in the amount you paid for the item less the item’s fair market value. In such a case, the applicable charity will issue a receipt for the amount of the final bid, less the item’s fair market value. Check with your tax professional for any restrictions or limitations on the deductibility of any amounts bid.
4. BID CANCELLATION.
Each bid is a legally binding offer and you may not cancel or retract your bid once placed. However, in the event (i) you accidently entered the wrong bid amount due to a typographical error (e.g., decimal point in the wrong place) and you realize your error before bidding closes or (ii) if the listing description materially changes after you have placed your bid, then in each case you may make a request to us to retract your bid. If this occurs, you must contact us immediately upon realization of your error or the material modification, and in all cases if your bid was placed within the last twelve (12) hours of the Auction, you must contact us within one (1) hour of placing the erroneous bid. We cannot guaranty that you will be able to retract your bid and any retraction is granted in our sole discretion. In the event we do permit a bid retraction of a previously winning bid for any Auction, the next highest bid will be treated as the winner of that Auction.
5. ELIGIBILITY
In order to participate in any Auction you must be a legal resident of the 50 United States and the District of Columbia, Canada (excluding Quebec), the United Kingdom, and any other countries listed on the listing page for any Auction, if any, 18 (or for Canadian residents the age of majority in province of residence) years of age or older. Void in Quebec, outside of the 50 United States and the District of Columbia, Canada, the United Kingdom and where otherwise prohibited or restricted by law.
6. PRIVACY POLICY
You agree to our collection, use and sharing of your information, including personal information, as set forth in our Privacy Policy https://15sofcharity.com/viewuserdefinedpage.aspx?pn=privacy-policy ("Privacy Policy"). All provisions of the Privacy Policy are incorporated by reference herein.
7. PRODUCTS, SERVICES, CONTENT AND SPECIFICATIONS.
Our Listing Partner (defined below) who lists the item in any Auction is solely responsible for managing the inventory, ensuring product availability and fulfillment of listing, but we will facilitate communication with such partner on your behalf. In the event a product, service or other item is listed at an incorrect price due to typographical error or with an error in pricing, availability or other information, we will have the right to cancel the applicable Auction, whether or not the winner has been confirmed or you have been identified as the winning bidder and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and the Auction is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation. We do not endorse and have not verified the accuracy or reliability of any opinion or statement made on any Auction listing by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services offered in any Auction. In addition, we may make changes to information about price, availability or other product or service attributes without notice. We also may require additional verifications or other information prior to the acceptance and/or fulfillment of any winning bid. Your receipt of any acknowledgement of a winning bid from us does not signify our acceptance of your bid, nor does it constitute confirmation of our offer to sell. With respect to the shipment of products and services sold through any Auction, risk of loss and title for items purchased from the Auction pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from any Auction.
8. THIRD PARTY ITEMS OFFERED FOR AUCTION
Through your participation in any Auction, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties, including but not limited to third parties who offer their products for Auction on our Properties (“Listing Partner”). You acknowledge that all transactions relating to any merchandise or services offered by a Listing Partner or any third party, including but not limited to product quality and availability, the Additional Auction Terms, other purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the Listing Partner and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party in connection with any Auction. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE THROUGH AN AUCTION FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
9. EXCLUSIONS
In addition to any restrictions or limitations set forth in any Auction listing, each item for sale in any Auction includes only the goods or services specified and nothing else. For example, for auction items that include automobiles, sales tax, destination charges, freight, delivery, dealer prep, additional equipment, licensing, registration, insurance, title and all other expenses on the receipt and use of the automobile are the sole responsibility of the winning bidder.
For Auction items that include attending an event, tickets and seating are subject to availability, and in the case the event is cancelled for any reason, the remainder of the item, if any, will be awarded without the scheduled event. For Auction items that include meeting or greeting any person, the meet and greet portion of item is subject to availability, and in the case of unavailability, the remainder of the item, if any, will be provided without the meet and greet portion.
10. MISCELLANEOUS.
You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Auction Terms of Use are material terms of these Auction Terms of Use and that they have been taken into account in the decision by 15SOF Charity to provide the Auction hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of 15SOF Charity. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of these Auction Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Auction Terms of Use, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. These Auction Terms of Use including, without limitation, 15SOF Charity’s Terms of Use and Privacy Policy, and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in these Auction Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Auction Terms of Use.