Website Terms of Service Agreement
Use of the Official Website of USA Baseball (the "Website") is subject to the following terms of service:
1. Website Ownership
The Website is owned by USA Baseball ("USAB") and operated by USAB in association with MLB Advanced Media, Inc. ("MLBAM"). USAB, MLBAM and their respective operators, members, teams, affiliates, entities, employees, directors, and officers shall be collectively referred to herein as the "Operators". All materials distributed in the Website (the "Materials") are either owned by or licensed to USAB. USAB and its licensors retain all proprietary rights in and to the Materials. Except as otherwise provided herein , you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of USAB. Materials must not be used in any unauthorized manner.
2. Acceptance of Terms
The Operators provide the Website to you, subject to the following terms of service ("TOS") which may be updated by us from time to time without notice to you. It is important for you to refer to these TOS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TOS. Your use of the Website constitutes your acceptance of these TOS.
3. Service Description
The Operators provide, or may provide in the future, users with access to a vast collection of online resources, including various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new USAB properties, shall be subject to these TOS. The Operators may change, suspend or discontinue any aspect of the Service and the Website at any time. The Operators may also impose limits on certain features and services or restrict access to parts of or all of the Website and the Service without notice or liability. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated therewith. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You agree that these TOS are personal to you and that you may not resell, lease, license, assign or redistribute the Service, in whole or in part, to any third party. The Operators may offer other services from time to time, which are governed by different terms of service.
4. Copyright; Trademark
The Website, the Materials and the Service are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws and are owned or controlled by USA BASEBALL or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service is expressly prohibited without prior written permission from USA BASEBALL or the copyright holder as identified on the Service.
USA BASEBALL and other service marks, trademarks and logos displayed on the Website (the "USAB Trademarks") are the property of USA BASEBALL or its affiliated companies. You agree not to display or use the USA BASEBALL Trademarks in any manner.
No Materials may be copied, reproduced, republished, uploaded, transmitted distributed in any way, except that you may download one copy of the Materials on any single computer for your personal, noncommercial home use only, provided that: (i) you keep intact all copyright, trademark and other proprietary notices; (ii) you make no modification to the Materials; (iii) you do not use the Materials in a manner that suggests an association with our products, services, or brands; and (iv) you do not download quantities of the Materials to a database that can be used to avoid future downloads from the Website or any other USAB website. The use of any of the Materials on any other website or computer environment is prohibited.
The "look and feel," of the Website is protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any part of the Website, the Materials and the Service may be copied or retransmitted unless expressly permitted by USA BASEBALL.
5. Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). USAB intends to designate to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Website (the "Designated Agent"). All such notifications relating to this Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Service Provider: USA Baseball
Name and address of Designated Agent: Lori Krafte - Greenebaum Doll & McDonald PLLC
Telephone Number of Designated Agent: 513-455-7635
Facsimile Number of Designated Agent: 513-455-7935
Email Address of Designated Agent: LEK@GDM.com
6. Message Features
License. By transmitting any Message or Screen Name, you are granting the Operators a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or Screen Name, in whole or in part, in any form, media or technology now known or hereafter developed.
Message and Screen Name Review. The Operators and their vendors act as a passive conduit in connection with your use of Message Features. The Operators and their vendors have the right, but not the obligation, to review, edit or delete any Message or Screen Name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any Message or Screen Name in any Message Feature does not constitute approval or endorsement by the Operators or their vendors.
You acknowledge that any Message and Screen Name are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting any Message to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and the Operators and their vendors other than as expressly set forth in these TOS.
7. Purchasing; Price; Payment.
The Subscription Services, depending on which you subscribe to, may allow you to, among other things: watch certain live and/or historic college sporting event telecasts and/or post-game video clips and/or video clip compilations; listen to certain live and/or historic college sports radio broadcasts; and/or receive college sports-related textual content. The Subscription Services are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
The Subscription Services are subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
Except as otherwise provided in these TOS or in the operators' offer(s) for Subscription Services, your subscription to Subscription Services is provided on a monthly, seasonal or annual basis and will automatically continue until you cancel it. You may cancel it by calling USAB Customer Service in the U.S. at 919-474-8721. By accepting these TOS, you agree that the Operators may notify you about changes to prices or services by sending an e-mail message to your e-mail address on file with the Operators, and by publishing such notices from time to time on the informational page(s) of the Website applicable to the Subscription Services. It is your responsibility to notify the Operators of any change in your e-mail address.
Programming, pricing, terms and conditions of the Subscription Services are subject to availability and change.
Subscription activation for Subscription Services, and subsequent ability to access Subscription Services, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by the Operators (e.g., your IP address). Scheduled games may be cancelled or substituted when necessary. Applicable taxes are not included and are the responsibility of the subscriber. Blackout restrictions may apply to certain Subscription Services.
8. Votes; Contests; Sweepstakes
The Website may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By participating in any such event, contest or sweepstakes, you signify your agreement to all special terms set forth on the Website applicable to that event, contest or sweepstakes as well as the terms of these TOS.
The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other websites maintained by third parties do not constitute an endorsement by the Operators or any of their affiliates of any third party website or content. The Operators are not responsible for the availability of these third party resources or their content. You should direct any concerns regarding any external link to its website administrator or Webmaster.
10. Disclaimer of Warranties
A. USE OF THE WEBSITE, THE SERVICE, ANY SUBSCRIPTION SERVICES, ANY TICKETS, AND ANY MERCHANDISE ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THE WEBSITE, INCLUDING, BUT NOT LIMITED TO THE SERVICE, ALL MATERIALS, MERCHANDISE, TICKETS AND SUBSCRIPTION SERVICES 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.
C. THE OPERATORS DO NOT WARRANT THAT: (1) THE WEBSITE, THE SERVICE OR THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE, SERVICE OR SUBSCRIPTION SERVICES WILL BE CORRECTED; (3) THE WEBSITE, THE SERVICE, THE MERCHANDISE OR THE SUBSCRIPTION SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, THE SERVICE, ANY MERCHANDISE, TICKETS OR SUBSCRIPTION SERVICES WILL BE ACCURATE OR RELIABLE.
11. Limitations on Liability
A. NOTWITHSTANDING ANY TERM IN THESE TOS, OTHER OPERATING TERM SET FORTH BY THE OPERATORS OR ANY ACT OR FAILURE TO ACT BY THE OPERATORS, OR THEIR VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.
B. IN NO EVENT SHALL THE OPERATORS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES, TICKETS OR MERCHANDISE.
C. IN NO EVENT SHALL THE OPERATORS, THEIR VENDORS OR ANY OTHER USAB ENTITY OR ANY OTHER MLBAM ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, SERVICE, MERCHANDISE, TICKETS OR SUBSCRIPTION SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE OPERATORS 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 THE OPERATORS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE OPERATORS, THEIR VENDORS, ANY MLBAM ENTITY AND ANY USAB ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICE, THE MERCHANDISE OR THE SUBSCRIPTION SERVICES IS $50.
D. IN NO EVENT SHALL THE OPERATORS OR ANY OTHER USAB ENTITY OR ANY OTHER MLBAM ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SERVICE OR ANY OTHER SITE FEATURE.
You hereby agree to indemnify and hold USA Baseball, MLBAM and its affiliates and entities as well as each of their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, any Service, any Subscription Services and/or tickets purchased via the Website; or (B) any alleged breach of these TOS by you.
The Operators may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. The Operators may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability at any time in the operators' exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates these TOS or other policies or guidelines posted on the Website or conduct which the Operators believe is harmful to other customers, to the operators' business, or to other information providers. In addition, these TOS may be immediately terminated at any time by the Operators in their sole discretion. In addition and without prejudice to any other remedy available to the Operators, the Operators may immediately terminate these TOS if you breach any term of these TOS or other operating term set forth by the Operators.
14. Choice of Law; Jurisdiction; Attorneys' Fees
This Agreement will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that state. Any court of competent jurisdiction sitting within Durham County, North Carolina will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these TOS and the Website. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. The Operators will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these TOS.
These TOS constitute the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. The Operators in their sole discretion may amend these TOS, and your use of the Website. If any term in these TOS 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 these TOS are for convenience only and must not be given any legal import.
LAST UPDATED: July 13, 2006.