Member Terms of Service Agreement

Welcome to the Beckett Media, LLC. 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 agree to be bound by all terms and conditions of this Agreement and all policies and guidelines incorporated by reference.

Beckett Media, LLC., (herein "Beckett"), the owner of Beckett.com, 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. Please review the Agreement from time to time for any possible changes. Continued use of Beckett.com will constitute acceptance of such changes or modifications. If you do not agree to any changes to this agreement, do not continue to use Beckett.com or its services.

  1. Eligibility: Use of Beckett.com and its services is limited to parties that can lawfully enter into and form contracts under applicable law. Registration is a requirement to use these services. 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 If Beckett believes that untrue, inaccurate, outdated, or incomplete information has been provided, at their sole discretion, they may suspend the account without notice.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 registered users are responsible for maintaining and updating their Beckett.com personal contact information. Please review our Privacy Policy and Statement for information about how your personal information is used.

  2. Fees: 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 be sure to 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, you authorize Beckett to charge your credit or debit card for any fees due.

  3. Restrictions: Beckett offers a vehicle for third-party buyers and sellers to complete transactions. Beckett is not involved in the actual transaction and is not the agent of and has no authority for either for any purpose. Sellers may not list or describe any item, link or post any related materials, or purchase any item that is or is alleged to be (a) 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); (b) counterfeited, illegal, stolen, or fraudulent; (c) pornographic, derogatory, offensive or insensitive to any user's religious beliefs, national origin, race or gender, or (d) not lawful to offer for sale. It is up to the party listing the item for sale to accurately describe the item for sale. Beckett cannot and does not know whether any listing is accurate, complete, misleading or deceptive or if the seller and buyer will perform as promised. As a seller or buyer, you use Beckett.com and the services at your own risk. Always take due care in entering into any agreement with another person.

  4. Reservation of rights:

    1. Beckett reserves the right to immediately halt any sale, 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 procedures and guidelines contained in the Help Section.

    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 users agree 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.

  5. Transactions: When a seller posts an item for sale, the seller is obligated to sell the goods at the listed price to the buyer(s) who meet the seller's terms. By listing an item, you represent and warrant to prospective buyers that you have the right and ability to sell, and that, to the best of your ability, the listing is accurate, current, and complete and is not misleading or otherwise deceptive. If for any reason an item is out-of-stock, and the seller must notify the buyer and promptly refund any payment received.

  6. Your Obligation: By entering into this Terms of Service Agreement and listing an item for sale, you agree to complete the transaction as described by this Terms of Service Agreement. You acknowledge that by not fulfilling these obligations, your 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 agree to indemnify and hold Beckett harmless from any claims for such taxes.

  8. Deliveries and Returns: As a service to our customers, and in an attempt to keep costs down, we offer the option of non-insured shipping. However, please be aware that when you choose an uninsured shipping option, you assume the risk of loss and title for such items upon the seller's delivery of the item(s) to the carrier, and agree to hold Beckett Media LP harmless for any loss incurred by damage or non-delivery of goods.

    A seller 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. Except as otherwise agreed, sellers must accept the return of any merchandise postmarked within 7 calendar days of buyer's receipt of the merchandise. If the buyer requests third-party authentication of an item, the buyer must inform the seller within 7 calendar days of receipt and complete the authentication within 30 calendar days of their notification of authentication. Returned merchandise must be in the same condition as when it was sent. A seller may request return of the complete order for a refund.

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

  9. Disclosure Regarding Sales of Autographed Sports memorabilia: Some states require that a dealer who sells to a consumer any autographed sports memorabilia described as being autographed must provide a written certificate of authenticity at the time of sale. Such a dealer may be surety bonded or otherwise insured to ensure the authenticity of any collectible sold by the dealer. In the event you are a dealer under applicable law, you assume full responsibility for any authentication requirements.

  10. Password Security: You are solely responsible for maintaining the security of your account and password, and you agree to accept responsibility for all activities that occur under your account. If you feel your password has been compromised, please change your password through the link, My Account.

  11. Message Boards: The message boards are the property of Beckett. Use of these message boards is subject to review by Beckett. Users may be removed without prior notice for reasons including, but not limited to, vulgar posting, harassing other members and non-constructive criticism. Members must register separately on the Message Boards to utilize those services. 12. Compliance with Laws; Fraud: Beckett.com and its services may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to listing, purchasing and selling items. You may not conduct business under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Beckett will cooperate to ensure that violators are prosecuted to the fullest extent of the law. Sellers and Buyers are responsible for knowledge and compliance with any export or transportation restrictions with respect to goods offered for sale.

  12. 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 on the Site, 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.

  13. 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, user contact details, IP addressing and traffic information, usage history and posted content, and you agree to such access and disclosure by Beckett. Any personal information you choose to disclose to another user is at your sole risk.

  14. Privacy Policy and Statement: The Beckett.com Privacy Policy and Statement is available online for your review at any time. Changes may be made by Beckett at any time and can be found at the link above. You should check the Privacy Policy and Statement frequently for changes. Unless otherwise authorized or consented, you may not use any information regarding other members or customers that has been obtained through Beckett.com or disclosed to you by Beckett or its affiliates, except to enter into and complete transactions. You may not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct. Please note that when you sign up to sell items on Beckett.com, some personally identifiable information about you, including your feedback and the e-mail address associated with your account, may be displayed and may be viewed by potential buyers.

  15. Copyright: Beckett is the owner of Beckett.com and all pages therein. As a condition of joining Beckett.com, I understand 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.

  16. 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, available for sale, lawful to sell, or that sellers or buyers will perform as promised;

    4. Any implied warranty arising from course of dealing or usage of trade; 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.

  17. General Release: Beckett is not a seller or buyer of any goods posted for sale on Beckett.com and all sale transactions are strictly between buyers, sellers, or other participants. In the event a dispute arises between one or more participants, each of your release, and agree 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:

    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, 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.

    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.

  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. You agree 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 you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

  20. Disputes: Because 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 participants related 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:

    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, 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 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.