PLEASE READ THESE TERMS (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER BASEBALL MEDIA PRODUCT OR SERVICE.
BASEBALL MEDIA ("BM") is the organization that produces and publishes PITCHINGTIPS.COM, LETSTALKPITCHING.COM and the TUFFCUFF pitching programs. Use of these resources and all other products and services provided and/or distributed (whether via this Website or elsewhere) by BM are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other BM-controlled products or services or BM-operated interactive media locations will be referred to herein collectively as the "BM Properties" and individually as a "BM Property." By using a BM Property, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the BM Properties.
Except for Submitted Content (defined below), the BM Properties are either owned by or licensed to BM. The applicable owners and licensors retain all rights to the BM Properties, including, but not limited to, all copyright, trademark and other proprietary rights, however denominated. Except for accessing one session of the BM 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 theBM Properties without first obtaining the written permission of BM or otherwise as expressly set forth in the terms and conditions of the BM Properties. The BM Properties must not be used in any unauthorized manner.
You must not use the BM Properties, including but not limited to Community Features (defined below), to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of BM 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 BM Properties, imposes an unreasonable or disproportionately large load on any BM Property infrastructure or otherwise adversely affects, restricts or inhibits any other user from using any of the BM 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 BM's business, or is otherwise objectionable in BM'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 BM Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the applicable BM Properties.
Third party text, photo, graphic, audio and/or video material, including that provided by ICON Sportswire or Flickr (collectively, the "Third Party Materials") contained on or incorporated in the BM 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 ICON Sportswire and Flickr, will be held liable in any way to any user of an BM 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.
The BM Properties may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material (collectively, the "Submitted Content") in connection with various features, including but not limited to profiles, forums, bulletin boards, wiki, vanity email, auctions, contests, games, blogs, audio and/or video submissions, message boards, Q&A features and chat features (collectively, the "Community Features"). By transmitting your Submitted Content via any BM Property, you grant, and represent and warrant that you have the right to grant, to BM 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.
BM and its third party providers ("Vendors") do not monitor, endorse, edit or screen your Submitted Content, although BM and its Vendors reserve the right to do so, and neither BM nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and your Submitted Content may be read, intercepted by others and widely accessible on the Internet and via other interactive media, and 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 BM or between you and BM's Vendors other than as expressly set forth in this Agreement. You acknowledge that BM 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 you have all necessary rights in it to submit it to BM 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 BM determines, in BM's sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, BM reserves the right to (a) refuse to allow you to upload or otherwise transmit Submitted Content; (b) remove and delete your Submitted Content; (c) revoke your right to use any Community Features or other BM Properties; and/or (d) use any technological, legal, operational or other means available to BM to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your account on any BM Property.
You are solely responsible for your interactions with other users of the BM Properties. You may use various features (e.g., the "Flag" within comments sections) of certain Community Features to report violators. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Via certain BM Properties, you can purchase or subscribe to products and services (collectively, "Services"). In addition, you can buy BM products and services from locations other than the BM Properties (e.g., via third party storefronts, including, without limitation, third party websites, etc.) (collectively, "Third Party Sales Locations").
All purchases are subject to product availability. The Services and all other products offered via the BM 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.
BM reserves the right to modify the price of any Services or any other products offered via the BM Properties. BM is not responsible for any error in copy or images relating to the Services or any other products offered via the BM Properties. Any offer to sell any Services or any other products offered via the BM Properties may be discontinued at any time in BM's sole discretion.
Should you have any questions about the purchase of Services via the BM Properties please contact firstname.lastname@example.org.
The BM Properties may offer you opportunities to participate in contests, sweepstakes or other promotions. By participating in any such event, you signify your agreement to all special terms set forth on the BM Property applicable to the event as well as the terms of this Agreement.
The BM Properties may contain links and pointers to other Internet sites and resources, including, without limitation, Third Party Sales Locations. Links to and from the BM Properties from or to Third Party Sales Locations and other websites or locations maintained by third parties do not constitute an endorsement by BM. BM is 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.
DISCLAIMER OF WARRANTIES
USE OF THE BM PROPERTIES AND THE PRODUCTS AND SERVICES INCLUDED 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 BM AND/OR THE APPLICABLE VENDOR, THE BM PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED 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.
BM DOES NOT WARRANT THAT: (1) THE BM PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE BM PROPERTIES, OR PRODUCTS, MERCHANDISE AND SERVICES AVAILABLE THEREFROM, WILL BE CORRECTED; (3) THE BM PROPERTIES, OR PRODUCTS AND SERVICES, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE BM PROPERTIES, OR PRODUCTS, MERCHANDISE AND SERVICES AVAILABLE THEREFROM, WILL BE ACCURATE OR RELIABLE.
NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE BM PROPERTIES OR ANY ACT OR FAILURE TO ACT BY BM OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE BM PROPERTIES.
IN NO EVENT SHALL BM 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.
IN NO EVENT SHALL BM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE BM 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 BM HAS 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 BM IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF BM FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE BM PROPERTIES, INCLUDING BUT NOT LIMITED TO ANY PRODUCTS OR SERVICES AVAILABLE THEREFROM, IS $1.
IN NO EVENT SHALL BM BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE BM PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
BM may change, suspend or discontinue any aspect of the BM Properties at any time, including the availability of any product, Service, feature, database or content. BM may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the BM Properties without notice or liability at any time in BM's exclusive discretion, without prejudice to any legal or equitable remedies available to BM, for any reason or purpose, including, but not limited to, conduct that BM believes violates this Agreement or other policies or guidelines posted on the BM Properties or conduct which BM believes is harmful to other customers, to BM's business or to other information providers. In addition and without prejudice to any other remedy available to BM, BM may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by BM in the BM Properties. This Agreement may also be immediately terminated at any time by BM in its sole discretion.
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. BM in its sole discretion may amend this Agreement, in which case we will post the amended Agreement within the BM Properties. Your use of the BM Properties after such amended Agreement is posted will constitute acceptance of it by you. BM may be required to notify you of certain events concerning the BM Properties and your use thereof, and your use of the BM Properties constitutes acceptance that such notices will be effective upon our posting them on the applicable BM Properties or, if we elect in our sole discretion, emailing you at an address you have provided to us.
BY USING A BM 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 BM Properties. BM may change the terms of this Agreement at any time, and your use of an BM Property after such change is posted will mean that you accept such change.
Under California Civil Code Section 1789.3, California users of the BM 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 September 26, 2017