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Our Terms of Service

Please read the following terms of service agreement carefully. By accessing or using our website (the “site”) or our services, you hereby agree to be bound by these terms and conditions and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use this site. If you do not expressly agree to all of our terms and conditions, then please do not access or use our site or services.

The present terms and conditions (this “AGREEMENT” or “TERMS”) is a legal agreement between you and LYSSTER (hereinafter “LYSSTER”), a company duly organized and validly existing, located at 1197 Monticello Rd., Napa, California 94558. This agreement voids all previous agreements.

OVERVIEW

The site (lysster.com) is operated by LYSSTER. Throughout the site, “ we”, “us”, “our” refers to LYSSTER.

LYSSTER offers this site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “service” and agreed to be bound by the following terms and conditions, including those additional items and conditions and policies referenced herein and/or available by hyperlink. These terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this agreement and any additional items or policies referenced herein, the provision of the additional terms or policies shall control.

Please read these terms carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these terms. If you do not agree to all the terms of this agreement, then you may not access the site or use any service. If the terms are considered an offer, acceptance is expressly limited to these terms.

Any new features or tools which are added to the current store shall also be subject to the terms. You could review the most current version of the terms at any time on this page. We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use or access to the site following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – GENERAL TERMS

By agreeing to these terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or Providence of residence and you have given as your consent to allow any of your minor dependents to use this site.

You may not use our products or site for any illegal or unauthorized purpose nor may you, in the use of our products or site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the terms will result in an immediate termination of your account and right to use our service.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

  1. Restrict, suspend or terminate your access to all or any part of our site;
  2. Change, suspend or discontinue all or any part of our products or site;
  3. Refuse, move , or remove any content that is available on all or any part of our site;
  4. Deactivate or delete your accounts;
  5. Establish general practices and limits concerning use of our site.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this site, use of this site, or access to the site or any contact on the site, without express written permission by us.

You may not modify, publish, transmit, reverse engineer, participate in the in the transfer or sale, create derivative works, or in any way exploit any of the content, in part or in whole, found on the site.

LYSSTER content is not for resale. Use of this site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of LYSSTER and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Lister or our licensors except as expressly authorized by these terms.

SECTION 2 – CREATING AN ACCOUNT

Once you create an account with us, you are registered on the LYSSTER site. The terms “member”, “membership”, and “account” all refer to this registration as a member on LYSSTER’s site. If you are merely surfing or browsing through the site and have not created an account, your use of the site is still subject to this agreement; If you do not agree to this agreement, do not use the site.

When you create an account, you will provide a unique username and e-mail. We will also ask you to create a password. Because any activities that occur under your new username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that LYSSTER is not responsible for 3rd party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, e-mail, or password without your authorization.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

  1. furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
  2. maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, LYSSTER will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the agreement, and as such refuse any and all current or future use of LYSSTER services, or any portion thereof.

SECTION 3 – CONDUCT

As a user or member of this site, you hear and acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the express sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by the way of the LYSSTER services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our services, you may be exposed to content including, but not limited to, any errors or emissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, e-mail, transmitted or otherwise made available by LYSSTER.

Furthermore you, you herein agree not to make use of LYSSTER’s services for the purpose of:

  1. Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
  2. causing harm to minors in any manner whatsoever;
  3. impersonating any individual or entity, including, but not limited to, any LYSSTER officials, form leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
  4. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursue it to any law nor having any contractual or fiduciary relationship with;
  5. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
  6. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to present to any law or in accordance with any contractual or fiduciary relationship;
  7. uploading, posting, emailing, transmitting, or otherwise offending any unsolicited or unauthorized advertising, promotional Flyers, “junk mail,” “spam,” or any other form of solicitation, and except in any such areas that may have been designated for such purpose;
  8. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software car, hardware, or telecommunication equipment;
  9. disrupting the normal flow of communication, or otherwise acting in a manner that would negatively affect other users apostrophe ability to participate in any real time interactions;
  10. interfering with or disrupting any LYSSTER services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
  11. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/for regulations decreed by the US Securities and Exchange Commission, in addition to any rules of any nation or other Securities Exchange, that would include without limitation, the New York Stock exchange, the American stock exchange, or the NASDAQ, and any regulations having the force of law;
  12. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to section 219 of the immigration nationality act:
  13. “stalking” or with the intent to otherwise harass another individual: and/or
  14. collecting or storing of any personal data relating to any other member or user in connection with their prohibitive conduct and/or activities which have been set forth in the aforementioned paragraphs.

LYSSTER herein reserves the right to pre-screen, refuse and/or delete any content currently available through our services. In addition, we reserve the right to remove and/or delete any such content that would violate the terms or which would otherwise be considered offensive to other visitors, users and/or members.

LYSSTER herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

  1. compliance with any legal process;
  2. enforcement of the terms;
  3. responding to any claim that therein contained content is in violation of the rights of any third party;
  4. responding to requests for customer service; or
  5. protecting the rights, property or the personal safety of LYSSTER, it’s visitors, users and members, including the general public.

LYSSTER herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by LYSSTER or any other content providers supplying content services too LYSSTER. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our services. Furthermore, unauthorized reproduction publication, distribution, or exhibition of any information or materials supplied by our services, despite weather done so in whole or in part, is expressly prohibited.

SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE

Due to the global nature of the Internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agreed to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the export administration regulations karma as well as the sanctions control program of the United states. Furthermore, you state and pledge that you:

  1. are not on the list of prohibitive individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export prohibitive country identified and applicable export and import laws and regulations;
  2. agree not to transfer any software, technology or any other technical data through the use of our network services to any export prohibited country;
  3. agree not to use our website network services for any military, nuclear, missile, chemical or biological weaponry and causes that would be a violation of the US export laws; and
  4. agree not to post, transfer nor upload any software, technology or other technical data which would be in violation of the US or other applicable export and/or import laws.

SECTION 5 – SUBMITTED CONTENT

LYSSTER shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website services. Therefore, you hereby grant and allow for LYSSTER the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

  1. The content submitted or made available for inclusion on the publicly accessible areas of LYSSTER’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly inform and/or publicly display set content on our network services is for the sole purpose of providing and promoting the specific area to which this content was placed and or made available for viewing. This license shall be available so long as you’re a member of LYSSTER’s sites, and shall terminate at such time when you elect to discontinue your membership.
  2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of LYSSTER’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly displayed said content on our network services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of LYSSTER’s sites and shall terminate at such time when you elect to discontinue your membership.
  3. For any other content submitted or made available for inclusion on the publicly accessible areas of LYSSTER’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of LYSSTER’S Sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards, and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

CONTRIBUTIONS TO COMPANY WEBSITE

LYSSTER may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (contributions) to our site, you acknowledge and agree that:

  1. your contributions do not contain any type of confidential or proprietary information;
  2. LYSSTER shall not be liable or under any obligation to ensure or maintain confidentiality, express or implied, related to any contributions;
  3. LYSSTER shall be entitled to make use of and/or disclose any such contributions in any such manner as they may see fit;
  4. the contributors contributions shall automatically become the sole property of LYSSTER; and
  5. LYSSTER is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

SECTION 6 – INDEMNITY

All users and/or members agree to ensure and hold LYSSTER, are subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our services, the use of LYSSTER services or your connection with these services, your violation of the terms of service and/or your violation of any such right of another person.

SECTION 7 – COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, cell, resell nor exploit for any commercial reason any part, use of, or access to LYSSTER’s sites.

SECTION 8 – MODIFICATIONS

LYSSTER reserves the right at anytime it may deem fit, to modify, alter and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our services, or any part thereof.

SECTION 9 – TERMINATION

As a member of LYSSTER.com, you may cancel or terminate your account, associated e-mail address and/or access to our services by submitting a cancellation or termination request to support@lysster.com.

As a member, you agree that LYSSTER may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any e-mail associated with your account, and access to any of our services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

  1. any breach or violation of our terms or any other incorporated agreement, regulation and/or guideline;
  2. by way of requests from law enforcement or any other government agencies;
  3. the discontinuance, alteration and/or material modification to our services, or any part thereof;
  4. unexpected technical or security issues and/or problems;
  5. any extended periods of inactivity;
  6. any engagement by you in any fraudulent or illegal activities; and/or
  7. the non payment of associated fees that may be owned by you in connection with your LYSSTER.com account services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuance is, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated e-mail address and/or access to any of our services.

The termination of your account with LYSSTER.com shall include any and/or all of the following:

  1. the removal of any access to all or part of the services offered within LYSSTER.com;
  2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
  3. the barring of any future use of all or part of our services.

SECTION 10 – LINKS

Either LYSSTER or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that LYSSTER shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, cost or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods and services made available on or through any such site or resource.

SECTION 11 – PROPRIETARY RIGHTS

You do hereby acknowledge and agree that LYSSTER’s services and any essential software that may be used in connection with our services (software) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you hear and acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws therefore, except for that which is expressly permitted by applicable laws or as authorized by LYSSTER or such applicable license or, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on LYSSTER services (e.g., content or software), in whole or part.

LYSSTER hereby grant you a personal, non transferable and non exclusive right, and/or license to make use of the object code for our software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, cell, assign, sub-license, grant a security interest in and/or otherwise transfer any such right in the software. Furthermore, you do here and agree not to alter or change the software in any manner, nature or form, and as such, not to use any modified versions of the software, including and without limitation, for the purpose of obtaining unauthorized access to our services. Lastly, you also agree not to access or attempt to access our services through any means other than through the interface which is provided by LYSSTER for the use in accessing our services.

Last Updated: 01/08/2024