MLB Advanced Media, L.P. ("MLBAM"), on behalf of the College Baseball Foundation ("CBF") (MLBAM and CBF collectively the "Providers"), is the organization that produces the Official Website of CBF (this "Website"). Use of this Website and all products and services provided and/or distributed (whether via this Website or elsewhere) by CBF are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other CBF controlled products or services or CBF-operated interactive media locations, will be referred to herein collectively as the "CBF Properties" and individually as a "CBF Property." By using this Website or other CBF Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the CBF Properties. All CBF Properties are either owned by or licensed to CBF. The applicable owners and licensors retain all rights to the CBF Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the CBF Properties on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the CBF Properties without first obtaining the written permission of CBF or otherwise as expressly set forth in the terms and conditions of the applicable CBF Properties. The CBF Properties must not be used in any unauthorized manner. In some instances, this Agreement and a separate end user license agreement or similar agreement will apply to the CBF Properties. By using this Website or the other CBF Properties you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by the terms and conditions.
You must not use the CBF Properties or the Third Party Social Networking Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of CBF 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 this Website or the other CBF Properties, imposes an unreasonable or disproportionately large load on this Website's or the other CBF Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other CBF 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, inappropriate, constitutes hate speech, or which adversely affects CBF business or is otherwise objectionable in CBF's sole discretion; (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 information, software or other material of a commercial nature; (vii) transmit, store or otherwise make available material which contains advertising, promotions, "junk mail", "spam", "pyramid schemes", "chain letters" or solicitation of any kind; (viii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate management or employees of CBF, or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another's information, account, password, service or system except as expressly permitted; (xi) 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; (xii) use automated scripts to collect information from or otherwise interact with this Website or the other CBF Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of this Website(defined below).
Third party text, photo, graphic, audio and/or video material (collectively, the "Third Party Materials"), contained on or incorporated in the CBF 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 computer except for personal and non-commercial use. No third party provider will be held liable in any way to any Website user or to any third party or to any other person who may receive information in the Third Party Materials or to any other person whatsoever, 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 any of the foregoing or occasioned thereby.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"), CBF has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other CBF Properties (the "Designated Agent"). All such notifications relating to this Website or the other CBF Properties must be a written communication and must include the following information:A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. B. 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. C. 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 CBF to locate the material. D. Information reasonably sufficient to permit CBF to contact the complaining party, such as an address, telephone number, and/or electronic mail address. E. 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. F. 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 e-mail to CBF's Designated Agent as follows:
Service Provider: College Baseball Foundation
Full Address of Designated Agent to Which Notification Should Be Sent:
1517 Texas Avenue
Lubbock, Texas 74901 E-mail Address of Designated Agent: email@example.com
Via certain CBF Properties, you may be able to make tax deductable donations to CBF ("Donations"), buy CBF memberships ("Memberships") as well as related products and services from locations other than this Website such as third party websites or third party storefronts, including, without limitation, wireless carriers, online music and/or video download and streaming sites, video game console services, third party websites, etc. (collectively, "Third Party Sales Locations") if and when such features are made available. ANY AND ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. THE PROVIDERS EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY THIRD PARTY SERVICES PROVIDER ("VENDOR") OR THIRD PARTY SALES LOCATION, ANY MERCHANDISE OFFERED BY THE THIRD PARTY SALES LOCATIONS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE CBF PROPERTIES, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR DONATION OR PURCHASE OR USE OF ANY MEMBERSHIPS, PRODUCTS OR SERVICES (IF ANY) THAT MAY BE OFFERED ON OR VIA THE CBF PROPERTIES.
Any and all services and/or products offered via the CBF Properties are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
CBF reserves the right to modify the price of any Memberships or any other products offered via the CBF Properties. CBF is not responsible for any error in copy or images relating to Memberships or any other products offered via the CBF Properties. Any offer to sell any Memberships or any other products offered via the CBF Properties, may be discontinued at any time in CBF's sole discretion.
The Memberships and any other applicable products offered via the CBF Properties or Third Party Sales Locations are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.