Términos de Uso
1. Website Ownership
The Website is owned by Impacto LLC d/b/a CULTIVA Entertainment (“eBeisbol.com”). EBeisbol.com, and its respective members, clubs, affiliates, employees, directors and officers shall be collectively referred to herein as “eBeisbol.com.” All materials distributed in the Website (the “Material(s)”) are either owned by or licensed to EBeisbol.com. eBeisbol.com and its licensors retain all proprietary rights to the Materials. All Materials are protected by U.S. and international copyright laws. You may not copy, distribute, transmit, broadcast, display, edit or modify, or perform the Materials without the prior written consent of eBeisbol.com, except as follows. You may download and print one copy of the Materials, for your personal and non-commercial use only, provided that you do not modify the Materials in any way, and the copyright notice, other notices, and clear attribution to eBeisbol.com must be maintained. Any other use requires written permission from eBeisbol.com. You do NOT need to contact eBeisbol.com when using the single authorized printed copy referred to above for your own education, entertainment, or reference.
2. Contests; Sweepstakes
This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
6. No Warranty
THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS,” “AS AVAILABLE”. EBEISBOL.COM DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
7. Limitation of Liability
IN NO EVENT WILL EBEISBOL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS WEBSITE, ANY INFORMATION RECEIVED FROM THE WEBSITE, ANY EMAIL DISTRIBUTED TO ANY USER OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF EBEISBOL.COM, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF EBEISBOL.COM IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW; THE MAXIMIUM LIABILITY OF EBEISBOL.COM FOR ANY SUCH CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE IS $35.
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. eBeisbol.com will be entitled to recover their court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of this Agreement.
11. Licensed Trademarks
All trademarks and registered trademarks are the property of their respective owners.
12. Additional Terms
Certain sections or pages on this Website may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
EFFECTIVE DATE: Jan. 24, 2007