Términos de Uso
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES HEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES HEREOF.
These terms and conditions of use govern your use (“Terms of Use”) of eBeisbol.comTM / Alianza Latina De BéisbolSM (the “Website”). Your access to and use of the Website is subject to these Terms of Use (including the Privacy Policy of the Website) and all applicable laws. By accessing and using this Website, you agree to these Terms of Use. These Terms of Use may be amended or modified at the sole discretion of eBeisbol.com, or new conditions may be imposed, at any time with or without notice. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes to these Terms of Use (including the Privacy Policy) will mean you accept those changes. If you do not agree to these Terms of Use, please do not use the Website.
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
The Website may offer you opportunities to enter contests and sweepstakes and to vote in connection with certain events from time to time. By participating in any such event, means that you accept all special terms set forth on the Website applicable to the event as well as the terms of this Agreement. Each contest or sweepstake will provide rules of participation. This Terms of Use is incorporated by reference to the specific rules of participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific rules of participation, the rules of participation for the activity in which you choose to participate shall govern.
3. Submissions
All information submitted to eBeisbol.com via this Website shall be deemed and remain the property of eBeisbol.com and eBeisbol.com shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this Website provides eBeisbol.com through this Website. Nothing contained herein shall be construed as limiting or reducing eBeisbol.com’s responsibilities and obligations to clients in accordance with eBeisbol.com’s Privacy Policy.
4. Availability
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.
5. Links
THIS WEBSITE MAY CONTAIN LINKS TO WEBSITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF EBEISBOL.COM). EBEISBOL.COM DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY WEBSITES LINKED TO THIS WEBSITE. BY PROVIDING ANY LINKS TO THIRD PARTY WEBSITES, EBEISBOL.COM DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED THEREIN, NOR IS EBEISBOL.COM LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE WEBSITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM EBEISBOL.COM AND THE THIRD PARTY WEBSITE MAY CONTAIN LINKS AND POINTERS TO OTHER INTERNET WEBSITES AND RESOURCES. YOU SHOULD DIRECT ANY CONCERNS REGARDING ANY EXTERNAL LINK TO THE THIRD PARTY WEBSITE ADMINISTRATOR OR WEBMASTER.
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.
8. Indemnification
You hereby agree to indemnify and hold eBeisbol.com and its respective members, shareholders, directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: your use of the Website, or any alleged breach of this Terms of Use by you. eBeisbol.com reserves the right, at its sole discretion, to immediately revoke your rights to access the Website and assess a $10,000 daily fee for scraping statistics, copying copyrighted text, or otherwise misusing or misappropriating Materials, including but not limited to, use on a mirrored, competitive, or third party website.
9. Termination
eBeisbol.com may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. eBeisbol.com 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 eBeisbol.com’s exclusive discretion, without prejudice to any legal or equitable remedies available to eBeisbol.com, for any reason or purpose, including, but not limited to, conduct that eBeisbol.com believe violates these Terms of Use or other policies or guidelines posted on the Website or conduct which eBeisbol.com believe is harmful to other customers, to the eBeisbol.com’s business, or to other information providers.
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.
13. Miscellaneous
This Terms of Use constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. eBeisbol.com 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. 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.
14. Acceptance of Terms of Use
By using the Website, you signify your agreement to the Terms of Use. If you do not agree with the terms, you must not use the Website. eBeisbol.com 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.
EFFECTIVE DATE: Jan. 24, 2007
