Beckett Collectibles Inc. (herein "Beckett", “we”, “us”, or “our), the owner of www.zistle.com (herein ”Zistle Website”) and other related sites, reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing www.zistle.com or its services, at any time and at its sole discretion. Beckett reserves the right to make changes without notice. Such changes will be effective upon posting the revised Agreement on www.zistle.com . Members are encouraged to review the Agreement from time to time for any possible changes. Members should discontinue use www.zistle.com if they do not agree to any terms of this Agreement.
THE ZISTLE WEBSITE
The Zistle Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Zistle Website is the property of Beckett, its participants, suppliers and/or its licensors and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. Beckett hereby grants you a limited, nonexclusive, non-transferable, personal license to use the Zistle Website for personal or, informational purposes only. Except as expressly authorized by Beckett in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Zistle Website for any purpose or “frame" or "mirror" the Zistle Website on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to Beckett, its suppliers and/or its licensors.
To use certain features of the Zistle Website or participate in certain activities sponsored by Beckett, we might ask you to register as a user or participant. If so requested, each Zistle Website user must: (1) personally provide true, accurate, current and complete information on the Zistle Website's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Beckett has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, Beckett may suspend or terminate any and all current or future use of the Zistle Website by that user. A user may receive passwords and account designations upon completing certain Zistle Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to Beckett or the Zistle Website, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants Beckett the royalty-free, world-wide perpetual, non-exclusive, irrevocable, transferable license to Beckett to use, reproduce, publish, distribute and display such Content solely on or through the Zistle Website. Zistle has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. Beckett shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. Beckett, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Zistle Website users and the public.
RULES FOR CONTENT SUBMISSION
We ask you to follow these rules when submitting or posting Content: (1) you shall not upload to, distribute through or otherwise publish through the Zistle Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the Zistle Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this Zistle Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from Beckett; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. Beckett shall not be liable in any way for any Content.
INFORMATION ON THE ZISTLE WEBSITE
As mentioned above, Beckett is not responsible for the Content posted on the Zistle Website. In addition, the information or data provided on the Zistle Website by Beckett is for informational or entertainment purposes only. In particular, the pricing information on the Zistle Website for any item represents Beckett’s estimate only. You are solely responsible for determining the value of the items that you might purchase, sell or trade on or through the Zistle Website. As you know, the value of collectibles is highly subjective, subject at times to wild fluctuations and often based on sentimental or emotional values that don’t necessarily follow or track traditional financial markets or models. We highly recommend that you independently value any item you wish to sell, purchase or trade. Also, please keep in mind that we simply help you find the items you might like to purchase, r sell or trade. Any transaction between you and any collector you might find on the Zistle Website, whether buying, selling or trading, is solely between you and the collector; Beckett is not responsible for any such transactions and doesn’t vouch for (and is not responsible for) any buyer, seller, trader or anybody else that uses the Zistle Website.
The Zistle Website is not intended for use by children. If you are under 13, you may not submit or post any information or material on the Zistle Website or otherwise provide such information to Beckett, including but not limited to personally identifiable information.
Beckett may terminate your use of the Zistle Website for: (1) breach of these Terms; (2) your abuse of Zistle Website resources or attempt to gain unauthorized entry to the Zistle Website; or (3) as required by law, regulation, court or governing agency order. Beckett’s termination of any user's access to the Zistle Website may be effected without notice and, on such termination, Beckett may immediately bar any further access to the Zistle Website. Beckett shall not be liable to any user or other third party for any termination of that user's access to the Zistle Website. In the event of termination, Beckett reserves the right to delete or save a user’s Content at Beckett’s sole discretion.
The Zistle Website may provide links to other websites. Beckett exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
LIMITED WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY
EACH USER'S USE OF THE ZISTLE WEBSITE IS AT HIS OR HER SOLE RISK. THE ZISTLE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BECKETT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BECKETT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE ZISTLE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
"ZISTLE” is a trademark of Beckett. All other marks, names, and logos mentioned on the Zistle Website are the property of Beckett or their respective owners. Your use of the trademarks and other marks, names and logos set forth on the Zistle Website without prior written consent is strictly prohibited.
Beckett is the owner of zistle.com and all pages therein. All information contained herein is considered confidential and proprietary information and is the product of immeasurable time and skill provided by Beckett and its agents (“Confidential Information”). Member understands that misappropriation of such Confidential Information would cause irreparable damage to Beckett. As a condition of joining zistle.com , Member understands that the materials on this site are confidential, proprietary and protected by United States Copyright Laws, and that any unauthorized reproduction, preparation of derivative works, distribution (whether by sale or other transfer of ownership, or by rental, lease or lending), or other display of the copyrighted work publicly, without the express written consent of Beckett Collectibles Inc. is expressly prohibited, and that any violation could expose the user to both criminal and civil liability.
Beckett’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Beckett Collectibles Inc., 4635 McEwen Rd, Dallas, Texas 75244.