Table of Contents
1. Introduction; General; Ownership; Prohibitions
2. Notice and Procedure for Making Claims of Copyright Infringement
3. Third Party Social Networking Features; Account Information
4. Special Terms and Conditions Applicable to Donations, Sales of Memberships, Products and Services; Customer Service Contact Information
A. Price Modifications; Availability
B. Customer Service
C. Payment Card Transactions; Price; Payment
6. Contests; Sweepstakes
7. Disclaimer of Warranties
8. Limitations on Liability
11. Choice of Law; Jurisdiction; Attorneys' Fees
14. Notice for California Consumers
INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS
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: firstname.lastname@example.org
3. THIRD PARTY SOCIAL NETWORKING FEATURES; ACCOUNT INFORMATION
explains how such information may be collected and used. In consideration of your use of the applicable CBF Properties, you agree (i) to provide accurate, current and complete information about yourself as may be prompted by any registration forms ("Registration Data"); (ii) to maintain the security of your password and identification; (iii) to maintain and promptly update Registration Data, and any other information you provide to CBF, and to keep it accurate, current and complete; (iv) not to sell, transfer or assign your account; and (v) to be fully responsible for all use of your account and for any actions that take place using your account.
If CBF determines, in CBF's sole discretion and judgment, that you have violated any of the terms of this Agreement, CBF reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) revoke your right to use this Website and/or the other CBF Properties; and/or (d) use any technological, legal, operational or other means available to CBF to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this Website or on the other CBF Properties.
4. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION
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.
- A. Price Modifications; Availability
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.
- B. Customer Service
Should you have any questions about the CBF Properties, contact CBF at (806) 749-2233 or email@example.com.
- C. Purchasing; Price; Payment
By purchasing any Memberships or any other products offered via the CBF Properties, you acknowledge and agree that your credit or debit card is being charged by the payment processor of CBF or a CBF club or its Vendor, the operator of such product or service. For purposes of this Agreement, such payment processor will be referred to as a "Vendor."
- D. Tax
For certain purchases of products or services, if any, that may be made via the CBF Properties, CBF may be required to collect sales tax. In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from the CBF Properties are not exempt from sales or use taxes simply because they are made from the Internet or because CBF is not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including whether CBF is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by CBF and certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected directly by CBF in connection with a purchase, that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.
For Oklahoma purchasers, applicable use tax on purchases made via the CBF Properties may be reported and paid on an Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov. South Dakota purchasers are responsible for applicable sales or use taxes. A purchase is subject to South Dakota tax unless specifically exempt. A purchase is not exempt simply because it was made via the Internet or other remote means. CollegeBaseballHall.org is not required to and does not collect or remit such taxes. Applicable tax may be reported and paid on a South Dakota Use Tax Form [Form 1350], available with corresponding instructions on the South Dakota Department of Revenue website, www.state.sd.us/drr.
Memberships and Donations, if and when available from this Website, may be tax deductible, and, if so, CBF will provide a tax receipt consistent with applicable law in the manner set forth on the applicable pages of this Website.
This Website and the other CBF Properties may contain links and pointers to other World Wide Web sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from this Website and/or CBF Properties from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties, do not constitute an endorsement by the Providers of any such third party website or content. CBF is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to this Website administrator or Webmaster of the applicable third-party website or location.
6. CONTESTS; SWEEPSTAKES
This Website and other CBF Properties may offer you opportunities to participate in promotions such as sweepstakes or contests. By participating in any such promotion, you signify your agreement to all special terms set forth on this Website and/or the other applicable CBF Properties applicable to the promotion as well as the terms of this Agreement.
7. DISCLAIMER OF WARRANTIES
A. USE OF THIS WEBSITE, ALL OTHER CBF PROPERTIES AND ANY MEMBERSHIPS, OPPORTUNITIES, PRODUCTS AND SERVICES INCLUDED HEREIN AND THEREIN 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 CBF AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER CBF PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO ALL PRODUCTS AND 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. CBF DOES NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER CBF PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER CBF PROPERTIES, THE PRODUCTS OR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER CBF PROPERTIES, THE PRODUCTS OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER CBF PROPERTIES, THE MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE.
8. LIMITATIONS ON LIABILITY
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERM AND CONDITION OF THE CBF PROPERTIES OR ANY ACT OR FAILURE TO ACT BY CBF OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL CONTENT YOU TRANSMIT VIA ANY FEATURES OF THIS WEBSITE.
B. IN NO EVENT SHALL THE 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.
C. IN NO EVENT SHALL THE PROVIDERS OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE OR THE OTHER CBF PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE 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 CBF IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE PROVIDERS OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE, SERVICES OR THE OTHER CBF PROPERTIES IS $50.
D. IN NO EVENT SHALL THE PROVIDERS BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER CBF 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: (A) your use of this Website, the other CBF Properties, any products and/or Services purchased via this Website or the other CBF Properties; or (B) any alleged breach of this Agreement by you.
CBF may change, suspend or discontinue any aspect of this Website or the other CBF Properties at any time, including the availability of any product, Service, feature, database or content. CBF may also impose limits on certain such products, Services and features or restrict your access to parts, or the entirety, of the CBF Properties without notice or liability at any time in CBF's exclusive discretion, without prejudice to any legal or equitable remedies available to CBF, for any reason or purpose, including, but not limited to, conduct that CBF believes violates this Agreement or other policies or guidelines posted on this Website or via the other CBF Properties or conduct which CBF believes is harmful to other customers, to CBF's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by CBF in its sole discretion. In addition and without prejudice to any other remedy available to CBF, CBF may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by CBF in the CBF Properties.
11. 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 New York County, New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. 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. CBF will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
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. CBF in its sole discretion may amend this Agreement, and your use of this Website or the other CBF Properties after such amendment is posted on this Website will constitute acceptance of it by you. Sections 7, 8, 9, 11, 12 and 13 of this Agreement will survive any termination or cancellation of this Agreement. 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 THIS WEBSITE AND/OR THE OTHER CBF PROPERTIES, 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 this Website and/or the other CBF Properties. CBF may change the terms of this Agreement at any time, and your use of this Website and/or the other CBF Properties after such changes are posted will mean that you accept them.
14. NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of this Website and the other CBF 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: June 13, 2011.