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.
10. CHOICE OF LAW
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