Last Modified: May 1st, 2014
Virtual Sports Training Baseball, LLC, a Florida company, doing business as (“DBA”) Insidebaseball.com, (referred to as “VBT”, “Company”, “we” or “us”), provides the Website located at www.insidebaseball.com, the insidebaseball.com mobile app and the Company’s online social media accounts (collectively, the “Website”), subject to your compliance with all the terms, conditions and notices contained or referenced herein (the, “Policy”). In addition, when subscribing to certain services from the Website, users will be subject to additional rules applicable to such services.
Insidebaseball.com reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at our sole discretion. The most recent version of this Agreement will be posted on our Website. Although we will provide notice of material changes to this Agreement on the Website, as a user it is your sole responsibility to keep yourself apprised of any such modifications or amendments.
By using the website, you indicate that you accept the policy and that you agree to abide by it. Should you object to any terms and conditions of this agreement or other policies on this website and subsequent modifications thereto or become dissatisfied with the Website in any way, your only remedy is to stop using the Website.
1. WEBSITE ACCESS
You are responsible for making all arrangements necessary for you to have access to the Website. We reserve the right to withdraw or amend the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
2. USER OBLIGATIONS AND REPRESENTATIONS
(a) You may use the Website only for lawful purposes and in accordance with this Policy.
(b) You promise that: (i) you are of legal age to form a binding contract with the Company; (ii) you will not use the Website in any way that violates any applicable local or international law or regulation; (iii) you will not send, knowingly receive, upload, download, use or re-use any material which does not comply with the ‘Content Standards’ (defined below); (iv) you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; (v) you will not do anything that could disable, overburden, damage, or impair the Website or interfere with any person’s use of the Website; (vi) you will not use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (vii) you will not introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; and (viii) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the Company.
3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The information available on the Website is intended to be a general resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, or professional advice. Any reliance you place on information available on the Website is strictly at your own risk. This Website is not intended for use by minors without parental supervision.
Neither the company nor anyone associated with the company promise, represents or warrants that the website or items obtained through the website or any portion thereof will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the website or the server that makes them available are free of viruses or other harmful components, or that the Website or items obtained through the Website will otherwise meet your needs or expectations. The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.
Although the Website may be accessible worldwide, we make no representation that materials on the Website are appropriate or available for use in locations outside the United States. Those who choose to access the Website from other countries do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
To the maximum extent permitted by law, in no event shall the company, its licensors, employees, agents, officers or directors be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, loss of data, or loss of profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Website or of any website referenced or linked to from our Website. You will be responsible for all claims and damages resulting from the misuse of the website by you.
4. LINKS TO AND FROM THE WEBSITE
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless you have received the express written consent of the Company.
5. INTELLECTUAL PROPERTY RIGHTS
(a) The Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use the Website for your non-commercial use only. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Company.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.
(c) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
(d) InsideBaseall.com or “Inside Baseball” or “Virtual Sports Training Baseball LLC” and other Company graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Company in the United States and/or other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
6. USER SUBMISSIONS
(a) We may from time-to-time provide interactive services such as message boards, chat rooms, forums, ‘share’, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other persons (hereinafter, “post”) content or materials (collectively, “User Submissions”) on or through the Website. User Submissions must in their entirety comply with all applicable local and international laws and regulations.
Without limiting the foregoing, User Submissions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party; (iv) infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws; (v) promote any illegal activity, or advocate, promote or assist any unlawful act; (vi) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (vii) impersonate any person, or misrepresent your identity or affiliation with any person or organization (viii) involve commercial activities or sales (viiii) be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity
(b) You promise that you own or control all rights in and to the User Submissions and have the right to grant such license to us. You agree that you will have no claim or other recourse against the Company for infringement of any proprietary right with respect to your User Submissions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Submissions, including but not limited to, the right to be attributed as the author of the User Submissions. Any User Submission that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. By providing a User Submission, you grant the Company and its successors the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
(c) If you provide a User Submission to be published or displayed on public areas of the Website, or transmitted to other users of the Website or any third parties, you accept that your User Submissions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website or any third parties with whom you may choose to share your User Submissions. Therefore, we cannot and do not guarantee that your User Submissions will not be viewed by unauthorized persons.
(d) User Submissions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Submissions posted by you or any other user of the Website.
7. DMCA COPYRIGHT AGENT
If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) 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.
(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
(v) 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Site’s Copyright Agent can be reached at:
Larson & Larson, P.A. 11199 69th Street North, Largo, FL 33773
9. SUBSCRIPTIONS AND OTHER TERMS AND CONDITIONS
You agree to defend, indemnify and hold harmless VBT, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Insidebaseball.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Member Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
11. GENERAL LAW GOVERNANCE
You agree that: (i) the Website shall be deemed solely based in Florida; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Florida. These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Hillsborough County, Florida.
You agree that any cause of action arising out of or related to the Website must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.