Last Updated: July 1, 2013
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 Zistle, its participants, suppliers and/or its licensors and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. Zistle 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 Zistle 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 Zistle, its suppliers and/or its licensors.
To use certain features of the Zistle Website or participate in certain activities sponsored by Zistle, 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, Zistle has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, Zistle 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 Zistle 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 Zistle the royalty-free, world-wide perpetual, non-exclusive, irrevocable, transferable license to Zistle 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. Zistle 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. Zistle, 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 Zistle; (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. Zistle shall not be liable in any way for any Content.
INFORMATION ON THE ZISTLE WEBSITE
As mentioned above, Zistle is not responsible for the Content posted on the Zistle Website. In addition, the information or data provided on the Zistle Website by Zistle is for informational or entertainment purposes only. In particular, the pricing information on the Zistle Website for any item represents Zistle’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; Zistle 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 Zistle, including but not limited to personally identifiable information.
Certain services are made available by Zistle on a pay basis. In the event you elect to purchase such services from Zistle, your use of those services shall be subject to the Zistle Pay Services Agreement
Zistle 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. Zistle's termination of any user's access to the Zistle Website may be effected without notice and, on such termination, Zistle may immediately bar any further access to the Zistle Website. Zistle 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, Zistle reserves the right to delete or save a user’s Content at Zistle’s sole discretion.
The Zistle Website may provide links to other websites. Zistle 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. ZISTLE 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. ZISTLE 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 Zistle. All other marks, names, and logos mentioned on the Zistle Website are the property of Zistle or their respective owners. Your use of the Zistle trademarks and other marks, names and logos set forth on the Zistle Website without prior written consent is strictly prohibited.
Zistle respects the intellectual property rights of others, and requires that the people who use the Zistle Website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this Zistle Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Zistle to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
John Roberts New Counsel, PLC 233 Park Avenue, Suite 203 Minneapolis, Minnesota 55415 612-659-8443 firstname.lastname@example.org