Terms of Service Agreement
PLEASE READ THESE TERMS (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER USA BASEBALL PRODUCT OR SERVICE.
- Introduction; General; Ownership; Prohibitions
- Notice and Procedure for Making Claims of Copyright Infringement
- Votes, Contests, Sweepstakes
- Disclaimer of Warranties
- Limitations on Liability
- Arbitration; Consent to Jurisdiction in New York; Attorneys' Fees
- Choice of Law
- Notice for California Consumers
1. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS
USA Baseball, in association with MLB Advanced Media, L.P. ("MLB" and, together with USA Baseball, "Providers"), produces the Official Website of USA Baseball, which encompasses USABaseball.com, GoldenSpikesAward.com, and any other USA Baseball website which is hosted by MLB and links to these terms (collectively, this "Website"). Use of this Website is subject to this Agreement. This Website and all materials contained in this Website will be referred to herein collectively as the "USAB Properties" and individually as an "USAB Property." By using any of the USAB Properties, or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. USA Baseball reserves the right to modify these terms and conditions from time to time, in its sole discretion, and any such changes are effective immediately upon posting to the Website. If you do not agree to this Agreement, do not use the USAB Properties.
The USAB Properties are either owned by or licensed to USA Baseball. The applicable owners and licensors retain all rights to the USAB Properties, including, but not limited to, all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the USAB Properties on any single device for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the USAB Properties without first obtaining the written permission of USA Baseball or otherwise as expressly set forth in the terms and conditions of the applicable USAB Properties. The USAB Properties must not be used in any unauthorized manner.
In some instances, this Agreement and separate terms (e.g., an end user license agreement) will apply to the USAB Properties. By using an USAB Property, you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by such terms and conditions.
You must not use the USAB Properties to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of USA Baseball or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts any of the USAB Properties, imposes an unreasonable or disproportionately large load on any USAB Property infrastructure or otherwise adversely affects, restricts or inhibits any other user from using any of the USAB Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent or inappropriate, which constitutes hate speech or which adversely affects USA Baseball business, or is otherwise objectionable in USA Baseball's sole determination; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any material of a commercial nature, including but not limited to advertising, promotions, "junk mail," "spam," "pyramid schemes," "chain letters" or solicitation of any kind; (vii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (viii) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate players, management, employees of baseball or any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (ix) use or attempt to use another's information, account, password, service or system except as expressly permitted; (x) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers or credit or debit card numbers; (xi) use automated scripts to collect information from or otherwise interact with the USAB Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the applicable USAB Properties.
Third party text, photo, graphic, audio and/or video material, including that provided by Associated Press ("AP"), (collectively, the "Third Party Materials") contained on or incorporated in the USAB Properties shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a device except for personal and non-commercial use. No third party provider, including without limitation AP, will be held liable in any way to any user of an USAB Property, or to any third party who may receive information in the Third Party Materials, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof, or for any damages arising from or occasioned by any of the foregoing.
2. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), USA Baseball has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other USAB Properties (the "Designated Agent"). All such notifications relating to this Website or the other USAB Properties must be a written communication and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit USA Baseball to locate the material.
- Information reasonably sufficient to permit USA Baseball to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via postal mail, fax or email to USA Baseball's Designated Agent as follows:
Service Provider: USA Baseball
Full Address of Designated Agent to Which Notification Should Be Sent:
Karen Gaunt, Dinsmore & Shohl, LLP,
255 E. 5th Street
Cincinnati OH, 45202
Facsimile Number of Designated Agent: (513) 977-8141
Telephone Number of Designated Agent: (513) 977-8503
E-mail Address of Designated Agent: [email protected]
The USAB Properties may offer you opportunities to vote in connection with certain events and also to participate in contests, sweepstakes or other promotions. By participating in any such event, you signify your agreement to all special terms set forth on the USAB Property applicable to the event as well as the terms of this Agreement.
The USAB Properties may contain links and pointers to other websites and products, including sites and products provided by third parties to whom USA Baseball has issued a license to use certain of its intellectual property, . Links to and from the USAB Properties and other websites or products provided by third parties do not constitute an endorsement by Providers of any such third party website or content. You should direct any concerns regarding any external link to the administrator of the applicable third party website or location.
- USE OF THE USAB PROPERTIES AND THE PRODUCTS INCLUDED THEREIN, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
- EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY PROVIDERS, THE USAB PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED THEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- PROVIDERS DO NOT WARRANT THAT: (1) THE USAB PROPERTIES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE USAB PROPERTIES WILL BE CORRECTED; (3) THE USAB PROPERTIES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE USAB PROPERTIES, OR PRODUCTS AVAILABLE THEREFROM, WILL BE ACCURATE OR RELIABLE.
- IN NO EVENT SHALL PROVIDERS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS OR SERVICES.
- IN NO EVENT SHALL PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE USAB PROPERTIES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF PROVIDERS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF PROVIDERS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE USAB PROPERTIES, INCLUDING BUT NOT LIMITED TO ANY PRODUCTS AVAILABLE THEREFROM, IS $50.
- IN NO EVENT SHALL PROVIDERS BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE USAB PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
You hereby agree to indemnify and hold the Providers harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (i) your use of the USAB Properties; or (ii) any alleged breach of this Agreement by you.
Providers may change, suspend or discontinue any aspect of the USAB Properties at any time, including the availability of any product, feature, database or content. Providers may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the USAB Properties without notice or liability at any time in Providers' exclusive discretion, without prejudice to any legal or equitable remedies available to Providers, for any reason or purpose, including, but not limited to, conduct that Providers believe violates this Agreement or other policies or guidelines posted on the USAB Properties or conduct which Providers believe is harmful to other customers, to Providers' business or to other information providers. In addition and without prejudice to any other remedy available to Providers, Providers may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by Providers in the USAB Properties. This Agreement may also be immediately terminated at any time by USA Baseball in its sole discretion.
9. ARBITRATION; CONSENT TO JURISDICTION IN NEW YORK; ATTORNEYS' FEES; TIME PERIOD LIMITATION FOR CLAIMS
- Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the USAB Properties (including all commercial transactions conducted through the USAB Properties) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and USA Baseball waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in New York County, New York, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This arbitration provision shall survive termination of this Agreement.
- Subject to the limitations set forth below in this Section 9.B, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of New York, provided
- The arbitrator shall not have authority to award punitive damages; and
- Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and USA Baseball agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
- For any Claims that are not subject to arbitration: (i) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within New York County, New York (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (ii) you and USA Baseball waive any and all rights to trial by jury with respect to any Claims.
- In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section 9, or initiates a proceeding involving a Claim under Section 9.C other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this agreement to arbitrate and the Forum to which the parties have herein agreed.
- To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide USA Baseball with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
Any and all Claims arising out of or related to this Agreement or to your use of any product or service distributed by USA Baseball shall be governed by, and construed and interpreted in accordance with, the laws of the State of New York, without regard to conflict of laws principles.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. USA Baseball in its sole discretion may amend this Agreement, in which case we will post the amended Agreement within the USAB Properties. Your use of the USAB Properties after such amended Agreement is posted will constitute acceptance of it by you. USA Baseball may be required to notify you of certain events concerning the USAB Properties and your use thereof, and your use of the USAB Properties constitutes acceptance that such notices will be effective upon our posting them on the applicable USAB Properties or, if we elect in our sole discretion, emailing you at an address you have provided to us. Sections 5, 6, 7, 9, 10 and 11 of this Agreement will survive any termination or cancellation of this Agreement. Providers' performance under this Agreement is subject to applicable law and nothing contained herein is in derogation of Providers' rights or obligations to comply with governmental, court and law enforcement requests or requirements relating to your use of the USAB Properties or information provided to or gathered by Providers with respect to such use. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
BY USING A USAB PROPERTY, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use any of the USAB Properties. USA Baseball may change the terms of this Agreement at any time, and your use of a USAB Property after such change is posted will mean that you accept such change.
13. NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of the USAB Properties are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last updated: April 3, 2019