Use of the Official Website of Syosset Baseball Association (the "Website") is subject to the following terms of use:
1. Website Ownership
The Website is owned by Syosset Baseball Association ("SBA"). All materials distributed in the Website (the "Materials") are either owned by or licensed to SBA. SBA and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials 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 Materials without first obtaining the written permission of SBA. Materials must not be used in any unauthorized manner.
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"), SBA has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website (the "Designated Agent"). All such notifications relating to this Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Service Provider: Syosset Baseball Association Name of Agent Designated to Receive Notification of Claimed Infringement: Rob Jolson Full Address of Designated Agent to Which Notification Should Be Sent: P.O. Box 302, Syosset, New York 11791-0302 United States of America E-mail Address of Designated Agent: rjolsen@syossetbaseball.org
2. Message Features
Participation. The Website may offer opportunities for you to transmit messages in connection with various features including vanity email, auctions and message boards ("Message Features"). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message ("Message") in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) 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; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; (ix) contains material irrelevant to the subject matter of the Message Feature; or (x) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine.
In order to participate in any Message Feature, you may be asked to register by providing certain personal information such as your name and/or email address. (The Website's Privacy Policy explains how such information may be collected and used.) You may also be asked select a screen name ("Screen Name") for identification purposes. You must not use any Screen Name that violates any term of subsections (i)-(x) above, or any other operating term set forth by SBA.
License. By transmitting any Message or Screen Name, you are granting SBA a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.
Message and Screen Name Review. SBA and its vendors act as a passive conduit in connection with your use of Message Features. SBA and its vendors have the right, but not the obligation, to review, edit or delete any Message or Screen Name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by SBA or its vendors.
You acknowledge that Messages and Screen Names are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, and contractually implied or other relationship is created between you and SBA and its vendors other than as expressly set forth in this Agreement.
3. SBA may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. SBA may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
4. Terms of Sale Sales from the Official Store ("Store") are subject to the following terms and conditions:
The Store in the Website allows you to order products supplied by independent merchandise vendors (the "Vendors"). Auctions allow you to purchase merchandise through an auction process (products purchased via the Store and Auctions collectively referred to as the "Merchandise").
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. SBA EXPRESSLY DISCLAIMS 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 STORE, AUCTIONS, THE TICKETING FEATURE OR THE SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICES, MERCHANDISE OR TICKETS. SBA reserves the right to modify the price of any Merchandise or Services. SBA is not responsible for any error in copy or images relating to Merchandise, Services or tickets.
With respect to Merchandise offered and/or sold via the Store, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our Store 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.
Purchasing; Price; Payment. In order to purchase Merchandise, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. (The Website's Privacy Policy explains how such information may be collected and used.) Your ability to purchase Merchandise is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. SBA may bill your credit card at the time the Merchandise is ordered or shipped. Any special order or customized/personalized products will be billed immediately after the order is received. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. SBA may in its sole discretion decline service to or terminate any account. Neither SBA, its Vendor is responsible for and must not be held liable for any breaches in transaction security by any third party.
5. Linking
The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other Web sites maintained by third parties, do not constitute an endorsement by SBA or any of its affiliates of any third party Web site or content. SBA is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.
6. Disclaimer of Warranties
A. USE OF THE WEBSITE, THE SERVICES, AND MERCHANDISE 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 THE APPLICABLE VENDOR, THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL MERCHANDISE 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. SBA DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE, THE MERCHANDISE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, THE MERCHANDISE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE.
7. Limitations on Liability
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY SBA OR ANY ACT OR FAILURE TO ACT BY SBA OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.
B. IN NO EVENT SHALL SBA BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES OR MERCHANDISE.
C. IN NO EVENT SHALL SBA, ITS VENDORS OR ANY OTHER MLB ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, MERCHANDISE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SBA 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 SBA IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF SBA, ITS VENDORS AND ANY MLB ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE OR THE SERVICES IS $50.
D. IN NO EVENT SHALL SBA OR ANY OTHER MLB ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.
8. Indemnification
You hereby agree to indemnify and hold SBA and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives (collectively, the "SBA Entities") harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, the Services, Merchandise purchased via the Website; or (B) any alleged breach of this Agreement by you.
9. Termination
SBA may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. SBA may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability at any time in SBA's exclusive discretion, without prejudice to any legal or equitable remedies available to SBA, for any reason or purpose, including, but not limited to, conduct that SBA believes violates these Terms of Use or other policies or guidelines posted on the Website or conduct which SBA believes is harmful to other customers, to the SBA's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by SBA in its sole discretion. In addition and without prejudice to any other remedy available to SBA, SBA may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by SBA.
10. 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. SBA 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.
11. 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. SBA in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. Sections 7, 8, 9, 11 and 12 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.
13. Acceptance of Terms of Use
By using the Website, 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 the Website. SBA may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.
