2. COPYRIGHT NOTICE
This Site is the official site of Owner and is © 2020 College Baseball Invitational, LLC. Commercial reproduction, distribution or transmission of any part or parts of the Site or any information contained therein by any means whatsoever without the prior written permission of Owner is not permitted.
3. Your Use of the Site. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Owner reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Owner server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Owner, including any Owner account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Owner’s systems or networks, or any systems or networks connected to the Site or to Owner.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Owner on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
4. Submission of Unsolicited Materials. Owner’s policy prohibits Owner or its employees from accepting or considering any unsolicited ideas, proposals, suggestions or materials of any nature whatsoever (“Unsolicited Materials”). Accordingly, you may not use this Site or any information obtained from the Site to submit Unsolicited Materials to Owner or anyone affiliated with Owner via email, fax, postal mail or any other means. We have adopted this policy to avoid potential misunderstandings or disputes when new products, services and features developed internally by Owner personnel may appear to be similar to Unsolicited Materials submitted to Owner.
As stated above, we ask that you do not send us Unsolicited Materials. By ignoring our policy and submitting or posting Unsolicited Materials, including without limitation, text, photos, video, sound recordings, artwork, designs, software, data or any other materials, you are giving us permission, in perpetuity, on a no-charge, royalty-free basis to use the Unsolicited Materials in connection with the Site or any of Owner’s advertisements and promotions, and for any other purpose for which Owner chooses to use the Unsolicited Materials.
Owner’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Owner may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Owner makes no commitment to update the materials on the Site with respect to such products and services.
6. Your Acceptance.
By using or visiting the Site or any of Owner’s products, software, data feeds, and services provided to you on, from, or through the Site (collectively the "Services
Provided you are eligible to use this Site and the Service, Owner hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any content and/or software contained within this Site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the Services (collectively the "Material"). You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Material and that no right, title or interest to the Material other than the limited license granted herein has been or will be transferred to you from Owner or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Material.
9. Access to Site and Services. In order to access this Site and the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and must pay any service fees associated with such access. Not all of the features available through the Services, including certain live streaming audio, video or access to high-quality video, will be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that your computer no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services under the provisions here.
In addition, access to certain of the subscription products is limited to residents of certain geographical territories, and can be modified at Owner’s sole discretion.
10. Registration, Username, Password, Security.
Registration. In accessing this Site or certain of the resources on the Site, you may be asked to provide registration details, including but not limited to, a valid email address, date of birth and your full name. We will not grant any user access to any registration-required portions of the Services unless s/he has completed the necessary registration and paid the fees, if any, associated with access to such portion of the Services. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. If Owner believes the details are not correct, current, or complete, we have the right to refuse you access to the Site or any of its resources.
Your User Identity. Your username and password will be your identity for purposes of interacting with the Services and other users through the Services. In order to access the subscription products, you will be asked to provide your username and password.
Security Breaches and Revision. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify us by email at firstname.lastname@example.org. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
Although Owner will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Owner or others due to such unauthorized use.
11. Your Content and Conduct. As a Site account holder you may submit content to the Service, including but not limited to, user comments. You understand that Owner does not guarantee any confidentiality with respect to any content you submit and you acknowledge and agree that Owner may use and permit third parties to use anything you submit or otherwise provide or make available to Owner, including without limitation, information available through any third party platform (e.g., Facebook, Twitter, Instagram, Twitch, etcetera) used to access any Site.
12. Copyrights and Trademarks. This Site and all materials incorporated on this Site (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the logos or other images incorporated by Owner on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks (collectively, “Trademarks”) owned by Owner. All other trademarks are the property of their respective owners. Use of the Trademarks of Owner or of any other party is not authorized in any manner other than as incorporated into this Site. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, REBROADCASTING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL OR CONTENT OF THE SITE OR THE SERVICES, IN WHOLE OR IN PART, IS EXPRESSLY PROHIBITED. Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal and state law.
13. Infringement Notice. If you believe that any content appearing on this Site has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below: (i) your name, address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the exact URL or a description of where the alleged infringing material is located; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
COLLEGE BASEBALL INVITATIONAL, LLC
c/o Andresen & Associates, P.C.
319 Meier Street
East Dundee, Illinois 60118
Facsimile: (773) 572-6048
Please note that while Owner seeks to preserve any and all exemptions from liability that may be available under applicable law, this is not a stipulation that Owner is a service provider as defined in 17 U.S.C § 512(c) or elsewhere in the law.
14. Special Terms and Conditions Applicable to Subscription Products, online Pay-Per-View, and Other Services/Products Offered for Purchase Through the Site. We reserve the right to modify the price of any subscription product, online pay-per-view and/or any other services/products offered for purchase through the Site. We are not responsible for any error in copy or images relating to any subscription product or any other services/ products offered for purchase through the Site.
explains how such information collected via the Site may be used by us. Your ability to purchase subscription products and/or other services/products offered for purchase through the Site 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. By utilizing a credit or debit card for purchase of any of the subscription products or any other services/products offered for purchase through the Site, you authorize us to charge such card on a periodic basis as specified in the amount described on the applicable subscription product or other services/products purchase path(s).
Owner reserves the right to block access to any online event to any regions or territories at the Owner’s discretion and for any reason. Blackout restrictions may apply.
The payment processing services for the Service will be provided by a third-party vendor on behalf of Owner, depending on the type of payment methods used for the purchase of the Services.
ONLINE PAY-PER-VIEW IS FOR RESIDENTIAL USE ONLY
Our reasonable effort to provide you with a refund, as described above, will be your exclusive remedy if you or we terminate your access to the Services, including in the event that you claim we breached our obligations to you.
15. Deactivation/termination of your registration. You may deactivate your registration on the website, at any time and for any reason, by sending an email request to email@example.com. We may terminate your use of and registration on the Site at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
17. General Use of the Service – Permission and Restrictions. Owner hereby grants you permission to access and use the Site and the Services as set forth in these Terms of Service, provided that: (i) you agree not to distribute in any medium any part of the Services without Owner’s prior written authorization; (ii) you agree not to alter or modify any part of the Services; (iii) you agree not to access any portion of the Site or the Service through any technology or means other than the video playback pages of the Services itself or other explicitly authorized means Owner may designate; (iv) you agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Services in a manner that sends more request messages to Owner’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Owner reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their content; (v) you will comply with all applicable laws; (vi) Owner reserves the right to discontinue any aspect of the Services at any time; and (vii) you will not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Site, except that you may access and display material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only.
Without limited the generality of the foregoing in any way, you may not distribute any part of this Site over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is strictly prohibited.
18. Warranty Disclaimer. You agree that your use of this Site and the Services shall be at your sole risk. To the fullest extent permitted by law, Owner, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. Owner makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any sites linked to this Site and assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of this Site or the Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through this Site or the Services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site or the Services.
Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or the Services or any hyperlinked services or featured in any banner or other advertising, and Owner will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
19. Limitation of Liability. In no event shall Owner, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of this Site and the Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via this Site or the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Owner shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
This Site and the Services are controlled and offered by Owner from its facilities in the United States of America. Owner makes no representations that this Site or the Services is appropriate or available for use in other locations. Those who access or use this Site or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
21. Submissions and Postings. Owner does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, merchandise, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by Owner’s personnel or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send Owner any unsolicited submissions.
To the extent that use of this Site or the Services provides you or other users an opportunity to post and exchange information, content, ideas and opinions (“Postings”), be advised that Owner does not screen, edit, or review Postings prior to their appearance on the Site or elsewhere, and Postings do not necessarily reflect the views of Owner. To the fullest extent permitted by applicable laws, Owner excludes all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the Site or elsewhere. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not infringe any proprietary right, intellectual property right or other rights of third parties. In any event, no material you send to us will be treated as confidential and may be used by Owner and third parties for any and all purposes.
YOU AND OWNER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU AGREE TO WAIVE AND FOREGO ANY RIGHT TO INITIATE OR PARTICIPATE IN ANY CAUSE OR ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES THAT IS A CLASS ACTION OR MASS ACTION PROCEEDING.
28. Entire Agreement
and any other legal notices published by Owner on the Services, shall constitute the entire agreement and understanding between you and Owner concerning this Site and the Services.
IF YOU DO NOT AGREE TO BE UNCONDITIONALLY LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THIS SITE OR ANY OF THE SERVICES.