Member Terms of Service Agreement

Welcome to the Beckett Media, L.P. website ("Beckett.com") your online collectibles marketplace. Any person who wants to access Beckett.com and use the services provided on the website must accept the terms and conditions of this Terms of Service Agreement ("Agreement") without change. By using the services of Beckett.com, you (“Member”) agree to be bound by all terms and conditions of this Agreement and all policies and guidelines incorporated by reference.

Beckett Media, LP (herein "Beckett"), the owner of Beckett.com 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 Beckett.com or its services, at any time and at its sole discretion. Any changes may be made without notice and will be effective upon posting of the revisions on Beckett.com. Members are encouraged to review the Agreement from time to time for any possible changes. Continued use of Beckett.com will constitute acceptance of such changes or modifications. Members should discontinue use of Beckett.com if they do not agree to any changes to this Agreement.

In addition to a marketplace, Beckett.com allows members to create personal profiles online in order to reflect their passion for sports. The Services offered by Beckett ("Beckett " or "we") include the Beckett Website (the "Website") and any other features, content, or applications offered from time to time by Beckett in connection with the Website (collectively, the "Services").

1. Eligibility. Use of and Membership in the Services is void where prohibited. By using the Services, Member represents and warrants that (a) all registration information submitted is truthful and accurate; (b) they will maintain the accuracy of such information; (c) Member is 13 years of age or older; and (d) use of the Services does not violate any applicable law or regulation.
2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. Members may terminate membership at any time, for any reason, by contacting us at webmaster@Beckett.com. Beckett reserves the right, in its sole discretion, to restrict, suspend, or terminate access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. Even after Membership is terminated, this Agreement will remain in effect.
3. Fees: Membership on Beckett.com is free. A fee is required to participate in certain services available through Beckett.com. Please review the Beckett.com Help Section for information about any applicable fees. All fees are in U.S. dollars unless otherwise stated. Fees are subject to change so please check the Beckett.com Help Section often for any updated information. All fees are payable upon demand on a Visa, MasterCard, American Express, or Discover credit or debit card. By utilizing services on Beckett.com in which a fee may be charged, Member authorizes Beckett to charge the credit or debit card on file for any fees due.
   
   The Trade Terms of Service Agreement is incorporated into this Agreement and may be found in Attachment B.
4. Reservation of rights: No reservation of rights hereunder by Beckett shall imply an obligation on the part of Beckett to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of Beckett's right to exercise same at a later date.
5. Password. When Members register on Beckett.com, they will also be asked to choose a password. The Member is entirely responsible for maintaining the confidentiality of the password. Member agrees not to use the account, username, or password of another Member at any time or to disclose their password to any third party. Member agrees to notify Beckett immediately if they suspect any unauthorized account use or access to the password. The Member is solely responsible for any and all use of the registered account.
6. Discussions: The discussion activities on Beckett.com are subject to review by Beckett. Members may be removed without prior notice for reasons including, but not limited to, vulgar posting, harassing other members and non-constructive criticism.
7. Discussion Posting Rules: Considering the real-time nature of this discussion tool, it is impossible for Beckett to review EVERY message or confirm the validity of information posted. Please remember that Beckett does not actively monitor the contents of posted messages and is not responsible for any messages posted. Beckett does not vouch for or warrant the accuracy, completeness or usefulness of any message, and is not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of Beckett or any entity associated with Beckett. Any Member who feels that a posted message is objectionable is encouraged to contact Beckett by email at webmaster@beckett.com. Beckett has the ability to remove objectionable messages and will make every effort to do so, within a reasonable time frame, if it is determined that removal is necessary. This is a manual process, however, so please realize that Beckett may not be able to remove or edit particular messages immediately.
   
   Members agree, through the use of this service, that they will not use this discussion tool to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any law. Members agree not to post any copyrighted material unless the copyright is owned by the Member.
   
   Members remain solely responsible for the content of their messages, and agree to indemnify and hold harmless, Beckett and their agents with respect to any claim based upon transmission of message(s).
   
   Beckett also reserves the right to reveal the Member’s identity (or whatever information Beckett has obtained) in the event of a complaint or legal action arising from any message posted by the Member. If the Member violates the rules of this message board the account may be suspended for a period of time deemed appropriate by Beckett. If subsequent accounts are created in order to bypass a prior account suspension, all accounts may be permanently banned. This attempt to bypass security measures and gain access to the Beckett website may also be considered "hacking" and, as such, be covered by applicable federal, state or local law.
   
   Advertisements, chain letters, pyramid schemes, and solicitations are inappropriate and thereby forbidden discussions.
8. Proprietary Rights in Content on Beckett. By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, Member hereby grants to Beckett, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time such Content is removed from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by Member may remain on the Beckett servers after Member has removed the Content from the Services, and Beckett retains the rights to those copies. Member represents and warrants that: (i) the Member owns the Content posted by the Member on or through the Services or otherwise has the right to grant the license set forth in this section, and (ii) the posting of Member’s Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Member agrees to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by the Member to or through the Services.
   
   The Services contain Content of Beckett ("Beckett Content"). Beckett Content is protected by copyright, trademark, patent, trade secret and other laws, and Beckett owns and retains all rights in the Beckett Content and the Services. Beckett hereby grants the Member a limited, revocable, non-sub-licensable license to reproduce and display the Beckett Content (excluding any software code) solely for Member’s personal use in connection with viewing the Website and using the Services.
   
   The Services contain Content of Members and other Beckett licensors. Except for Content posted by the Member, the Member may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services.
9. Content Posted. Please choose carefully the information posted on Beckett and made available to other Members. The Member whose account from which content is posted is solely responsible for that Content through any of the Services, and any material or information that maybe transmitted to other Members and for interactions with other Members. Specific guidelines are available in Attachment A: Multimedia Upload Guidelines.
   
   Beckett does not endorse and has no control over the Content. Content is not necessarily reviewed by Beckett prior to posting and does not necessarily reflect the opinions or policies of Beckett. Beckett makes no warranties, express or implied, as to the Content or as to the accuracy and reliability of the Content or any material or information that a Member transmits to other Members. If at any time Beckett chooses, in its sole discretion, to monitor the Services, Beckett assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member submitting any such Content. Please note that information provided by other Beckett Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services. Members who become aware of misuse of the Services by anyone may contact webmaster@Beckett.com with specific information about the Content.
10. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Beckett reserves the right to investigate and take appropriate action against anyone who, in Beckett's sole discretion, violates this provision. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Beckett:
    • telephone numbers or street addresses
    • patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • lewd, obscene, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter
    • photographs that contain nudity
    • material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
    • promotes information that Member knows is false or misleading or promotes conduct that is abusive, threatening, obscene, defamatory or libelous;
    • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming";
    • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    • furthers or promotes any criminal or illegal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
    • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    • attempts to impersonate Beckett staff, Beckett representatives, other Beckett Members or other industry personnel.
    • includes listing of e-mail or other electronic communications from private parties. This includes private message conversations, instant messages, text messages, e-mail, etc.
    • includes the use of false registration information or the creation of multiple accounts for use on Beckett.com. Only one account is allowed per Member. All other accounts will be permanently suspended.
    • photograph of another person that Member has posted without that person's consent.
11. Copyright Policy. Members may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Beckett to terminate Membership privileges of any Member who infringes on the copyright rights of others upon receipt of prompt notification to Beckett by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if a Member believes that work has been copied and posted on the Services in a way that constitutes copyright infringement, they may provide the following information to our Copyright Agent:
    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • a description of the copyrighted work that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on the Website;
    • your address, telephone number, and email address;
    • a written 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;
    • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
    Beckett's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Beckett Media LP, 4635 McEwen Rd, Dallas, Texas 75244.
12. Member Disputes. Members are solely responsible for their interactions with other Beckett Members. Beckett reserves the right, but has no obligation, to monitor disputes between Members.
13. Privacy. Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
14. Disclaimers. Beckett is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Members of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on Beckett may contain links to other websites. Beckett is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Beckett. Inclusion of any linked website on Beckett does not imply approval or endorsement of the linked website by Beckett. When Members access these third party sites, they do so at their own risk. Beckett takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Beckett is not responsible for the conduct, whether online or offline, of any User of the Services. Beckett assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member communication. Beckett is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Beckett be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Beckett event, from any Content posted on or through the Services, or from the conduct of any Members of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Beckett expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Beckett cannot guarantee and does not promise any specific results from use of the Services.
15. No Warranties: Beckett.com and all services available therein are provided on an "as is, where is" basis. Beckett makes no representations or warranties express, implied or otherwise, including but not limited to:
    • Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
    • Beckett.com or the services will meet Members or users requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
    • The information, content, materials, or products included on the site will be as represented by sellers, available for sale, lawful to sell, or that sellers or buyers will perform as promised;
    • Any implied warranty arising from course of dealing or usage of Trade; and
    • Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of Beckett
    • To the full extent permissible under applicable law, Beckett disclaims any and all such warranties.
16. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Beckett be liable to Member or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Beckett has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Beckett's liability to Member for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by Member to Beckett for the Service during the term of membership.
17. General Release: Unless otherwise specified, Beckett only facilitates transactions between sellers and buyers of goods posted for sale on Beckett.com. All sale transactions are strictly between the buyer, seller, or other participant. In the event a dispute arises between one or more Members, each releases and agrees to indemnify and hold Beckett (and its agents, employees, officers, and directors) harmless from and against any and all claims, demands, causes of action, or damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, and whether arising in tort or contract, in connection with such dispute.
18. Indemnity/Limitation of Liability:
    • Indemnity and Defense. You will defend, indemnify and hold harmless Beckett and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and "Seller Taxes" means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through Beckett.com, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
    • Limitation of Liability. In no event shall Beckett be liable for damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages arising out of or in connection with this Terms of Service Agreement, even if Beckett has been advised of the possibility of same.
19. Applicable Law: Beckett.com and the services are arranged, sponsored, or managed by Beckett in the State of Texas, USA. The laws of the State of Texas govern this Terms of Service Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Member agrees that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Dallas County, Texas and hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
20. Disputes: Unless otherwise specified, Beckett is not involved in the actual transaction between sellers and buyers and is not the agent of either for any purpose. Beckett will not be involved in resolving any disputes between Members relating to or arising out of any transaction. Beckett urges sellers and buyers to cooperate with each other to resolve such disputes.
21. Termination: Beckett, in its sole discretion, may terminate this Terms of Service Agreement, access to Beckett.com or its services, or any current sales or orders immediately without notice for any reason.
22. General Provisions:
    • Entire Agreement. This Terms of Service Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Policy and Statement, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
    • No Agency; Third-Party Beneficiary. Beckett is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Terms of Service Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Terms of Service Agreement. This Terms of Service Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Beckett, you, and relying buyers or sellers.
    • Severability. If any provision of this Terms of Service Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
    • No Waiver. We will not be considered to have waived any of our rights or remedies described in this Terms of Service Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Beckett's failure to enforce the strict performance of any provision of this Terms of Service Agreement will not constitute a waiver of Beckett's right to subsequently enforce such provision or any other provisions of this Terms of Service Agreement.
    Please contact us at: webmaster@beckett.com with any questions regarding this Agreement.

Attachment A

MULTIMEDIA UPLOAD GUIDELINES
for submitting images, graphics, discussions,
articles and other multimedia content.

1. Only registered Members in good standing may submit articles, images, photos, reviews, videos, or any other content to Beckett.com.
2. Beckett Media, L.P. reserves the right to use any submissions, posts, communications or interactions, whether in the form of articles, comments, emails, images, photos, or other material, without limitation and without further compensation, acknowledgement or payment to the submitter or poster. By submitting or posting any content, Member grants Becket Media, L.P. continuous and non-exclusive permission to use, edit, modify, or copy the content submitted.
   
   If a registered Member submits unsolicited suggestions or ideas, it is with the knowledge that no compensation will be provided to them, in any manner, and that they waive any claims if the unsolicited suggestion or idea, or anything similar to the suggestion or idea, is used by Beckett.com.
3. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Beckett reserves the right to investigate and take appropriate action against anyone who, in Beckett's sole discretion, violates this provision. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Beckett:
   • telephone numbers or street addresses
   • patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   • lewd, obscene, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter
   • photographs that contain nudity
   • material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
   • promotes information that Member knows is false or misleading or promotes conduct that is abusive, threatening, obscene, defamatory or libelous;
   • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming";
   • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
   • furthers or promotes any criminal or illegal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   • solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
   • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
   • attempts to impersonate Beckett staff, Beckett representatives, other Beckett Members or other industry personnel.
   • includes listing of e-mail or other electronic communications from private parties. This includes private message conversations, instant messages, text messages, e-mail, etc.
   • includes the use of false registration information or the creation of multiple accounts for use on Beckett.com. Only one account is allowed per Member. All other accounts will be permanently suspended.
   • photograph of another person that Member has posted without that person's consent.
   Beckett reserves the right to remove any content it deems inappropriate, whether or not it is referenced on the preceding list.
4. Reporters, researchers, and third party representatives need permission prior to posting or emailing Members in their official capacity.
5. Image Specifications:
   1. For submission of card images:
   • Less than 1Mb
   • 72 DPI Resolution
   • RGB Color Scheme
   • JPEG file format (.jpg extension)
   • 2.5" X 3.5" Card = 180 X 252 Pixels
   • 3.5" X 2.5" Card = 252 X 180 Pixels
   • NOTE: Card images must be of acceptable quality; grainy, blurry or mis-sized images will be rejected.
   2. For Other Images:
      • Less than 1Mb
      • 72 DPI Resolution
      • RGB Color Scheme
      • JPEG file format (.jpg extension)
      • NOTE: Images must be of acceptable quality; grainy, blurry or mis-sized images will be rejected.
6. Reviews and articles may be submitted through the appropriate News tab. Beckett Media, L.P. reserves the right to use or not use the content as submitted, to edit for substantial errors, or to edit for typographical errors.
7. Beckett reserves the right to report any activity or submissions that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Beckett's systems and Members, or to ensure the integrity and operation of Beckett's business and systems, Beckett may access and disclose any information it considers necessary or appropriate, including, without limitation, Member contact details, IP addressing and traffic information, usage history and posted content, and Member agrees to such access and disclosure by Beckett. Any personal information a Member chooses to disclose to another Member is at their sole risk.

Attachment B

Trade Terms of Service Agreement

Welcome to the Beckett Media, LP website ("Beckett.com"). Any person who wants to access Beckett.com and use the Trade services provided on the website must accept the terms and conditions of this Trade Terms of Service Agreement ("Agreement") without change. By using the Services of Beckett.com, you ("Member") agree to be bound by all terms and conditions of this Agreement and all other Terms of Service, policies, and guidelines incorporated by reference.

Beckett Media, LP, (herein "Beckett"), the owner of Beckett.com, reserves the right to change any of the terms and conditions contained in this Agreement or any other Terms of Service Agreements, policies or guidelines governing Beckett.com or its Services, at any time and at its sole discretion. Any changes may be made without notice and will be effective upon posting of the revisions on Beckett.com. Members are encouraged to review the Agreement from time to time for any possible changes. Continued use of Beckett.com will constitute acceptance of such changes or modifications. Members should discontinue use of Beckett.com if they do not agree to any changes to this Agreement.

Trade on Beckett.com refers to the opportunity to buy, sell, or trade sports cards or other items with other Beckett.com Members.

1. Eligibility:

   
   Use of Beckett.com and its Services is limited to parties that can lawfully enter into and form contracts under applicable law.

   1. To use the Trade services, Member must register on Beckett.com and be at least 18 years of age
   2. To register on Beckett.com Member must be at least 13 years of age.

   All required fields must contain true, accurate, current and complete information to register. If Beckett believes that untrue, inaccurate, outdated, or incomplete information has been provided, at their sole discretion, they may suspend the account without notice.

   All Members are responsible for maintaining and updating their Beckett.com personal contact information, including, but not limited to information in Account Tools: Basics and Trade Settings. Please review our Privacy Policy and Statement for information about how personal information is used.

2. Trade Fees:

   
   Membership on Beckett.com is free. A fee is required to participate in and use the Trade services (trading or selling items) available through Beckett.com.

   Fees vary by transaction type.

   1. Trade: Identified as a transaction in which each Member participating in the trade includes at least one (1) item on their side of the offer. A $6.00 monthly subscription fee, converted to points, will be charged upon Member's first trade and will automatically renew each month until the Member cancels it.
   2. Sale: Identified as a transaction in which a Member ("seller") offers one (1) or more items in exchange for a specified dollar amount without any additional item(s) from another Member. A 3.5% fee will be applied to the dollar value of the Total Asking Price and is paid by the seller of the item(s). The fee will be converted into points and charged to the seller upon acceptance of the transaction. This fee is non-renewing and applies on a pay-per-use basis.

   All applicable fees are paid for using points which are purchased through Beckett.com upon demand on a Visa, MasterCard, American Express, or Discover credit or debit card.

   A valid credit card must be on file to use the Trade services and may be entered through the Account Tools Credit Card tab. When utilizing Services on Beckett.com in which a fee may be charged, Member authorizes Beckett to charge the credit or debit card on file for any fees due.

   Fees are subject to change with or without notice and the most up-to-date fee information is available in the Beckett.com Help Section. All dollar values are listed in U.S. dollars unless otherwise stated.

   No fees will be refunded upon account suspension, Member termination of transactions, or any other terminations of Trade services.

3. How Fees are Processed:

   
   Points are the currency on Beckett.com and are used to purchase Pricing Subscriptions as well as pay the fees for any trade/sale of items on the website. Points are sold in bundles, meaning Members will be charged for a specified number of points anytime they do not have enough points in their account to cover the transaction. The points are automatically purchased and added to the Member's account when a credit card is on file.

   Anytime points are purchased, the lowest bundle available that will cover the point requirements will be purchased (see Available Point Bundles below). The exception to this policy is when the Member is completing a trade or sale transaction for the first time and do not yet have a credit card on file. The system will request that a valid credit card be entered and a bundle of 1000 points will be added to the account.

   AVAILABLE POINT BUNDLES:

   500 points (US $ 6.00)
   1,000 points (US $ 12.00)
   1,275 points (US $ 15.30)
   2,000 points (US $ 24.00)
   2,550 points (US $ 30.60)
   4,500 points (US $ 54.00)
   10,200 points (US $122.40)
   18,000 points (US $216.00)

   Points purchased can be used universally on Beckett.com for Pricing Subscriptions, Trade, or any other activity on the site that requires points. Purchased points are non-refundable.

4. Restrictions:

   
   Beckett offers a vehicle for third-party Members to complete buy, sell, or trade transactions. Beckett is not involved in the actual transaction and is not the agent of and has no authority for either for any purpose. Members may not list or describe any item, link or post any related materials, or purchase any item that is or is alleged to be

   1. an infringement of any third-party intellectual property rights (including copyrights, trademarks, patents, trade secrets), or other proprietary rights (including rights of publicity, privacy, moral rights);
   2. counterfeited, illegal, stolen, or fraudulent;
   3. pornographic, derogatory, offensive or insensitive to any user's religious beliefs, national origin, race or gender, or
   4. not lawful to offer for sale. It is up to the Member listing the item to accurately describe the item for sale or trade. Beckett cannot and does not know whether any listing is accurate, complete, misleading or deceptive or if the Member will perform as promised. As a Member, use of Beckett.com and the Trade services are at your own risk. Always take due care in entering into any agreement with another Member.

   Beckett recommends the use of delivery confirmation for proof of delivery.

5. Transactions:

   
   Upon completion of a transaction, whether a trade or a sale transaction type, the Members are obligated to provide the item(s) or payment according to the agreed upon terms. By presenting an offer and completing a transaction, each Member represents and warrants that they have the right and ability to sell or otherwise deliver the item(s), and that, to the best of their ability, the listing is accurate, current, and complete and is not misleading or otherwise deceptive. If for any reason an item is no longer available, the seller must notify the buyer and promptly refund or return any payment or item(s) received.

6. Member Obligation:

   
   By entering into this Terms of Service Agreement and offering an item for sale or trade, Member agrees to complete the transaction as described by this Terms of Service Agreement. Member acknowledges that by not fulfilling these obligations, the action or inaction may be legally actionable.

7. Sales, Use, or Similar Taxes:

   
   It is the seller's responsibility to determine whether sales, use, or similar taxes apply and to collect, report, and remit the correct tax to the appropriate tax authority. Beckett is not obligated to determine whether sales, use, or similar taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction and Member agrees to indemnify and hold Beckett harmless from any claims for such taxes.

8. Deliveries and Returns:

   
   Each Member in the transaction is responsible for establishing their own delivery and return policies, and assumes the risk of loss and title for such item(s) upon the delivery of the item(s) to the shipping carrier if an uninsured delivery option is chosen. Each Member agrees to hold Beckett Media LP harmless for any loss incurred by damage or non-delivery of goods.

   A Member who receives and processes payment, whether check, money order, credit card, or other means of payment, is obligated to deliver the merchandise in the advertised grade at the advertised price in a timely manner.

   All Members agree to binding third-party arbitration or mediation of disputes arising from the sale of merchandise through a transaction via Beckett.com.

9. Reservation of Rights:
   1. Beckett reserves the right to immediately halt any transaction, prevent or restrict access to Beckett.com, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the policies and guidelines outlined in this Agreement.
   2. Beckett reserves the right to identify at any time and from time to time particular goods or type of goods as inappropriate for participation on Beckett.com, and Member agrees not to attempt to post any such restricted goods on the site. Identification of inappropriate goods shall be in Beckett's sole discretion.
   3. No reservation of rights hereunder by Beckett shall imply an obligation on the part of Beckett to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of Beckett's right to exercise same at a later date.
10. Investigation:

    
    Beckett reserves the right, but assumes no obligation, to monitor any activity and content associated with Beckett.com. Beckett may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of Service, denying access and/or removal of any materials from Beckett.com, including listings and bids. Beckett reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.

11. Disclosure of Information:

    
    Beckett reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Beckett's systems and customers, or to ensure the integrity and operation of Beckett's business and systems, Beckett may access and disclose any information it considers necessary or appropriate, including, without limitation, Member contact details, IP address and traffic information, usage history and posted content, and Member agrees to such access and disclosure by Beckett. Any personal information the Member chooses to disclose to another Member is at their sole risk.

12. Privacy Policy and Statement:

    
    The Beckett.com Privacy Policy and Statement is available online for review at any time. Changes may be made by Beckett at any time and can be found at the link above. Check the Privacy Policy and Statement frequently for changes. Unless otherwise authorized or consented, information regarding other Members or customers that has been obtained through Beckett.com or disclosed by Beckett or its affiliates, may not be used except to enter into and complete transactions. The use of such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct is prohibited. Please note that when using Trade services on Beckett.com, some personally identifiable information may be displayed and may be viewed by potential buyers, sellers, or traders. This is information that the Member enters and agrees that it will be provided to the other Member upon completion of a transaction.

13. Copyright:

    
    Beckett is the owner of Beckett.com and all pages therein. As a condition of joining Beckett.com, Member understands that the materials at this site are 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 Media LP is expressly prohibited, and that any violation could expose the user to both criminal and civil liability.

14. No Warranties:

    
    Beckett.com and all Services available therein are provided on an "as is, where is" basis. Beckett makes no representations or warranties express, implied or otherwise, including but not limited to:

    1. Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
    2. Beckett.com or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
    3. The information, content, materials, or products included on the site will be as represented by sellers or traders, available for sale, lawful to sell, or that sellers, buyers, or traders will perform as promised;
    4. Any implied warranty arising from the course of dealing or usage of Trade services; and
    5. Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of Beckett

    To the full extent permissible under applicable law, Beckett disclaims any and all such warranties.

15. General Release:

    
    Beckett is not a seller or buyer of any goods posted for sale or trade in the Trade section of Beckett.com. All transactions are strictly between the Members involved in the transaction. In the event a dispute arises between one or more Members, each Member releases, and agrees to indemnify and hold Beckett (and its agents, employees, officers, and directors) harmless from and against any and all claims, demands, causes of action, or damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, and whether arising in tort or contract, in connection with such dispute.

16. Indemnity/Limitation of Liability:
    1. Indemnity and Defense. You will defend, indemnify and hold harmless Beckett and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell or trade, any content you provide, the advertisement, offer, sale, trade, or return of any products you sell or trade, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or trade, or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and "Seller Taxes" means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through Beckett.com, or otherwise in connection with any action, inaction or omission of you or any affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
    2. Limitation of Liability: In no event shall Beckett be liable for damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages arising out of or in connection with this Terms of Service Agreement, even if Beckett has been advised of the possibility of same.
17. Applicable Law:

    
    Beckett.com and the Services are arranged, sponsored, or managed by Beckett in the State of Texas, USA. The laws of the State of Texas govern this Terms of Service Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Member agrees that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Dallas County, Texas and Member hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

18. Disputes:

    
    Beckett is not involved in the actual transaction between the Members and is not the agent of either for any purpose, therefore Beckett will not be involved in resolving any disputes between participants related to or arising out of any transaction. Beckett urges the Members to cooperate with each other to resolve such disputes.

19. Termination:

    
    Beckett, in its sole discretion, may terminate this Terms of Service Agreement, access to Beckett.com or its Services, or any current transactions immediately without notice for any reason.

20. General Provisions:
    1. Entire Agreement. This Terms of Service Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Policy and Statement and Member Terms of Service Agreement, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
    2. No Agency; Third-Party Beneficiary. Beckett is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Terms of Service Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Terms of Service Agreement. This Terms of Service Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Beckett, you, and relying buyers or sellers.
    3. Severability. If any provision of this Terms of Service Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
    4. No Waiver. We will not be considered to have waived any of our rights or remedies described in this Terms of Service Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Beckett's failure to enforce the strict performance of any provision of this Terms of Servic