TABLE OF CONTENTS
- 1. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS
USA Baseball, in association with MLB Advanced Media, L.P. (together with USA Baseball, “Providers”), produces the Official Website of USA Baseball, which encompasses USABaseball.com, USABaseballShop.com, GoldenSpikesAward.com (collectively, this "Website"). Use of this Website and all products and services provided and/or distributed (whether via this Website or elsewhere) by USA Baseball are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other USA Baseball-controlled products or services or USA Baseball-operated interactive media locations will be referred to herein collectively as the “USAB Properties” and individually as an “USAB Property.” By using this Website or the other USAB 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 USAB Properties.
Except for Submitted Content (defined below), 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 computer 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 a separate end user license agreement or similar agreement will apply to the USAB Properties. By using this Website or the other USAB 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 USAB Properties or Community Features (defined below) 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 this Website or the other USAB Properties, imposes an unreasonable or disproportionately large load on this Website's or the other USAB Properties’ infrastructure or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other 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, inappropriate, constitutes hate speech, or which adversely affects USA Baseball’s business or is otherwise objectionable in USA Baseball'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 players, management, employees of baseball, 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 card numbers; (xii) use automated scripts to collect information from or otherwise interact with this Website or the other USAB Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the Community Features (defined below).
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 computer except for personal and non-commercial use. No third-party provider, including without limitation AP, 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"), 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 e-mail to USA Baseball's Designated Agent as follows:Service Provider: USA Baseball
Full Address of Designated Agent to Which Notification Should Be Sent:
Lori Krafte, Greenbaum Doll & McDonald
Facsimile Number of Designated Agent: 513-455-7935
Telephone Number of Designated Agent: 513-455-7635
E-mail Address of Designated Agent: LEK@GDM.com
- 3. COMMUNITY FEATURES
USA Baseball and its third-party providers (the "Vendors") do not monitor, endorse, edit or screen your Submitted Content, although USA Baseball and its Vendors reserve the right to do so, and neither USA Baseball nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and USA Baseball or between you and USA Baseball’s Vendors other than as expressly set forth in this Agreement. You acknowledge that USA Baseball is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to USA Baseball under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If USA Baseball determines, in its sole discretion and judgment, that your Submitted Content violates or may violate any of the terms of this Agreement, USA Baseball reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use this Website, the Community Features and/or the other USAB Properties; and/or (d) use any technological, legal, operational or other means available to USA Baseball to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this Website, the Community Features or on the other USAB Properties.
You are solely responsible for your interactions with other users of the USAB Properties. We reserve the right, but have no obligation, to monitor disputes between you and other users.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to Providers a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
- 4. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION
The USA Baseball Shop allows you to order products (“Merchandise”) supplied by independent merchandise Vendors. From the Ticketing sections of certain USAB Properties, you can, among other things, purchase tickets for USA Baseball games (“Tickets”) supplied by Vendors. Via certain USAB Properties, you may be able to subscribe to or download audio, video and audiovisual content, fantasy and other games and other products and services (collectively, "Services"). In addition, you may be able to buy USA Baseball products and services from locations other than this Website or the other USAB Properties (e.g., via 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").
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 VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE USAB PROPERTIES, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS, MERCHANDISE, TICKETS OR SERVICES.
The Services and all other products offered via the USAB 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.
Price Modifications; Merchandise and Services Availability
USA Baseball reserves the right to modify the price of any Merchandise, Tickets, Services or any other products offered via the USAB Properties. USA Baseball is not responsible for any error in copy or images relating to Merchandise, Tickets, Services or any other products offered via the USAB Properties. Any offer to sell any Merchandise, Tickets, Services or any other products offered via the USAB Properties, may be discontinued at any time in USA Baseball's sole discretion.
With respect to Merchandise offered and/or sold via the USA Baseball Shop, we cannot confirm the price or availability of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process (with the exception of any special order or customized/personalized products, which will be billed immediately after the order is received). Despite our best efforts, a small number of the items in the USA Baseball Shop or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
The Services and any other applicable products offered via the USAB Properties 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.
Should you have any questions about the purchase of Merchandise via the USAB Properties, please call USA Baseball Shop Customer Service at 919-474-8721 within the U.S., or e-mail firstname.lastname@example.org.
Purchasing; Price; Payment
By purchasing any Merchandise, Tickets, Services or any other products offered via the USAB Properties, you acknowledge and agree that your credit card is being charged by the payment processor of USA Baseball 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."
By utilizing a credit or debit card for purchase of any Services or any other applicable products offered via the USAB Properties, you authorize USA Baseball to charge such card on the periodic basis as specified (e.g., once per month for monthly Services) in the amount described on the applicable Service or Services' purchase path(s).
For certain purchases of Merchandise, Services or Tickets made via the USA Baseball and/or Vendor-operated USAB Properties, USA Baseball is required to collect sales tax. The amount of tax charged and whether any sales tax will be collected on a given purchase depends on a number of factors including whether the seller is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable transaction taxes not collected by USA Baseball. The amount of sales tax, if any, will be shown either prior to the completion of any purchase or reflected in the confirmation of your purchase sent to the email address you provided.
For Oklahoma purchasers, applicable use tax on purchases made via the USAB 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.
For South Dakota purchasers, any applicable sales or use taxes on purchases made via the USAB Properties 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.
- Price Modifications; Merchandise and Services Availability
- 5. VOTES; CONTESTS; SWEEPSTAKES
This Website and other USAB Properties may offer you opportunities to vote in connection with certain events. By participating in any such event, you signify your agreement to all special terms set forth on this Website and/or the other applicable USAB Properties applicable to the event as well as the terms of this Agreement.
- 6. LINKING
This Website and the other USAB 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 USAB 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 Providers of any such third-party website or content. Providers are not responsible for the availability of these third-party resources or their contents. You should direct any concerns regarding any external link to the administrator of the applicable third-party website or location.
- 7. DISCLAIMER OF WARRANTIES
- USE OF THIS WEBSITE, ALL OTHER USAB PROPERTIES AND THE PRODUCTS, MERCHANDISE, TICKETS AND SERVICES INCLUDED HEREIN AND 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 USA BASEBALL AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER USAB PROPERTIES AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO ALL PRODUCTS, MERCHANDISE, TICKETS 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.
- THE PROVIDERS DO NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER USAB PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER USAB PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER USAB PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER USAB PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE ACCURATE OR RELIABLE.
- 8. LIMITATIONS ON LIABILITY
- NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERM AND CONDITION OF THE USAB PROPERTIES OR ANY ACT OR FAILURE TO ACT BY PROVIDERS OR ANY VENDOR, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.
- 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, MERCHANDISE, TICKETS OR SERVICES.
- 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 USAB PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS, MERCHANDISE, TICKETS 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 THE PROVIDERS 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 USAB PROPERTIES IS $50.
- 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 USAB PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
- 9. INDEMNIFICATION
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 USAB Properties, the products, Merchandise, Tickets and/or Services purchased via this Website or the other USAB Properties; or (B) any alleged breach of this Agreement by you.
- 10. TERMINATION
USA Baseball may change, suspend or discontinue any aspect of this Website or the other USAB Properties at any time, including the availability of any product, Merchandise offering, Ticket offering, Service, feature, database or content. USA Baseball may also impose limits on certain such products, Services and features or restrict your access to parts, or the entirety, of the USAB Properties without notice or liability at any time in USA Baseball's exclusive discretion, without prejudice to any legal or equitable remedies available to USA Baseball, for any reason or purpose, including, but not limited to, conduct that USA Baseball believes violates this Agreement or other policies or guidelines posted on this Website or via the other USAB Properties or conduct which USA Baseball believes is harmful to other customers, to USA Baseball's business or to other information providers. In addition, this Agreement may be immediately terminated at any time by USA Baseball in its sole discretion. In addition and without prejudice to any other remedy available to USA Baseball, USA Baseball may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by USA Baseball in the USAB Properties.
- 11. CHOICE OF LAW
Except for the arbitration undertaking provided for in Section 12, below, this Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of New York applicable to contracts entered into and performed exclusively in that State.
- 12. ARBITRATION; CONSENT TO JURISDICTION IN NEW YORK; ATTORNEYS' FEES
- Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof or any use of the Website (including all commercial transactions conducted through the Website) ("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. This arbitration provision shall survive termination of this Agreement.
- Subject to the limitations set forth below in this Section 12.B, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of New York, provided that:
- B.1. The arbitrator shall not have authority to award punitive damages; and
- B.2 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 Durham County, North Carolina (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 12, or initiates a proceeding involving a Claim under Section 12.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.
- 13. MISCELLANEOUS
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, and your use of this Website or the other USAB Properties after such amendment is posted on this Website will constitute acceptance of it by you. Sections 7, 8, 9, 11, 12, 13 and 14 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 USAB 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 USAB Properties. USA Baseball may change the terms of this Agreement at any time, and your use of this Website and/or the other USAB Properties after such changes are posted will mean that you accept them.
- 15. NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of this Website and the other 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 AND EFFECTIVE DATE: 10/30/15