The Professional Softball Club, Inc. is the parent company of the ASBA, ASBA Futures, ASBA Shop, and ASBA Network.
Eligibility. Membership is void where prohibited. Fans may not register with the services unless: (a) all registration information you submit is accurate, current and complete; (b) you agree to maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the services does not violate any applicable law or regulation. Participation in the services includes, but is not limited to, postings to or other forms of participation with forums, blogs, groups, comments, chats, or the submission of photos, videos or other content (“Participation”). Any content generated by a User involving the use of any functionality is referred to as “User-Generated Content.” Any User-Generated Content may be deleted and your registration may be cancelled without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. You may not engage in any form of Participation on behalf of another person and if we believe you have, The Professional Softball Club, Inc. reserves the right to remove it.
Ownership and Restrictions on Use of Materials:
All materials contained on the services are the property of The Professional Softball Club, Inc. and its affiliates and/or our third party licencors. All trademarks, service marks and trade names are proprietary to The Professional Softball Club, Inc. or its affiliates. No materials from The Professional Softball Club, Inc.’s services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the express written permission of The Professional Softball Club, Inc. Anyone who displays, reproduces, copies, creates derivative works or sells our textual, photographic, video or audiovisual programs for commercial or non-commercial purposes without permission from The Professional Softball Club, Inc. is in violation of applicable law and liable for infringement. Any person who uses The Professional Softball Club, Inc.’s marks or any similar marks in such a way that it dilutes the distinctive quality of The Professional Softball Club, Inc.’s marks or that creates a likelihood of confusion with The Professional Softball Club. Inc.’s marks for commercial purposes without The Professional Softball Club, Inc.’s permission on goods or for services is liable for infringement. If you download software or applications from the services, the software or applications, including any files, images incorporated in or generated by the software or applications, and data and instructions accompanying the software or applications (collectively, the “Software”) are licensed to you by The Professional Softball Club, Inc. or our third party licencors for your personal, non-commercial home use only. Any commercial or public use, including but not limited to use in any commercial premises, of the services, including but not limited to ASBA Network, and/or Software, is strictly prohibited. We do not transfer title to the Software to you, and The Professional Softball Club, Inc. (or our third party licencors) retains full and complete title to the Software and all intellectual property rights in the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce any of the Software to readable form. If you have any questions regarding this notice, please email email@example.com
Registration and Payment for ASBA Network:
Registration Process. By registering for a subscription to ASBA Network, you warrant that (1) you are at least 18 years of age or the age of majority, where older under local law, (2) all information you provided during the registration process is true and accurate, (3) you will not permit third parties to access your account information, or to otherwise assign or transfer your rights to the services, (4) you are the cardholder of any credit or debit you provide to us, or the account holder of any PayPal account you provide to us and (5) you will provide us with a current, valid and accepted method of payment, currently credit card, debit card or PayPal account throughout the term of your subscription. You are responsible for maintaining the confidentiality of your registration and login information. You are responsible for all charges incurred during your use of ASBA Network and the related services, including any charges incurred on your account by other parties. PLEASE NOTE THAT SUCCESSFUL REGISTRATION FOR A SUBSCRIPTION TO THE ASBA NETWORK IS SUBJECT TO OUR ACCEPTANCE AND CONFIRMATION TO YOU, WHICH MAY BE GIVEN OR REFUSED IN OUR SOLE DISCRETION.
Month-to-Month Recurring Subscription.
Discontinuation of ASBA Network.
If we discontinue the ASBA Network service, then we (i) will notify you by email, at the email address you provide to us during registration,(ii) may provide you with information about similar or new services, and (iii) reserve the right to cancel the applicable service. For Month-to-Month Recurring Subscriptions, we will not take payment from you for the month in which the discontinuation is effective (or thereafter).
Sales / Use Taxes.
The Professional Softball Club, Inc. may be required to collect sales or use tax for certain purchases, including for the purchase ofASBA Network subscriptions. In states or regions that impose a sales or use tax, certain purchases might be subject to tax even if The Professional Softball Club, Inc. is not required to collect sales or use tax by any particular state or region. A purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. Whether sales or use tax will be collected on a given purchase and the amount of the tax charged depends on a number of factors including whether the seller is subject to a tax collection obligation in that state or region. The purchaser may be responsible for any taxes not collected by The Professional Softball Club, Inc. Certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of the applicable taxing authority. If The Professional Softball Club, Inc. collects sales or use tax in connection with a purchase, the amount of the tax will either be shown prior to completion of the purchase or reflected in the final confirmation of that purchase. KENTUCKY: The Professional Softball Club, Inc. is not required to and does not collect Kentucky sales or use tax. The Commonwealth of Kentucky requires Kentucky purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt under Kentucky law. The tax may be reported and paid on the Kentucky individual income tax return or by filing a consumer use tax return with the Kentucky Department of Revenue. OKLAHOMA: The Professional Softball Club, Inc. is not required to and does not collect Oklahoma sales or use tax. The State of Oklahoma requires Oklahoma purchasers to report all purchases that were not taxed and to pay tax on those purchases unless exempt under Oklahoma law. The tax may be reported and paid on the Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1].
ASBA Network is a streaming service, subject to content availability, device limitations and bandwidth. ASBA content is streamed over the internet, not downloaded, so you must be connected to the Internet in order to view video content.
Access to Services.
Access to ASBA Network is subject to approval of your payment method information and verification of other information you submit to us or that is otherwise provided to us. Accordingly, if your payment (flat fee or monthly) cannot be processed for any reason, including because your payment method is no longer valid, we may terminate your access to the ASBA Network immediately. Although your ASBA Network subscription is accessible on a number of devices, your use is limited to one (1) ASBA Network stream on one (1) device at any given time. IF YOU CIRCUMVENT OR ATTEMPT TO CIRCUMVENT ANY OF THE USE RESTRICTIONS IN THESE TERMS, YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND YOU MAY BE SUBJECT TO LEGAL ACTION. SHARING OF LOGIN INFORMATION, INCLUDING PASSWORDS, IS STRICTLY FORBIDDEN.
Monitoring of Services:
At times, The Professional Softball Club, Inc. may solicit from Visitors information that includes but is not limited to, creative ideas, concepts, know-how, techniques, suggestions, ideas, artwork or other materials. Of course, Visitors have the ability to submit information of this type to us at any time even if we do not solicit it. Collectively this type of information, whether solicited by us or not, and whether or not posted to this or any other affiliated website, is referred to as “Submissions”. By submitting any Submission, whether solicited by us or not, you are automatically granting The Professional Softball Club, Inc. an ownership right and a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to sell, rent, transfer, sub-license, use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, display or otherwise utilize such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes (collectively, “Rights”). This grant of Rights means that all Submissions will be owned by The Professional Softball Club, Inc. and may be used for any purpose, now or in the future, without any payment to, or further authorization by, you. All Submissions, whether solicited or unsolicited, shall become and remain the property of The Professional Softball Club, Inc. The Professional Softball Club, Inc. also has the right, but not the obligation, to use your name or the name of any entity owned or controlled by you in connection with the broadcast, print, online or other use or publication of your Submission. We assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future products or programs. In submitting a Submission to us, you represent that you have no reasonable basis to believe that the use of any such Submission by us would infringe upon the rights of any third-party.
Third Party Content:
Please exercise discretion while browsing the Internet or using our services. You should be aware that while using the services you could be directed to other web sites by links and other features found on the services. If you click on those links or other features, you may be visiting a web site or service that is not owned or operated by The Professional Softball Club, Inc. and over which The Professional Softball Club, Inc. has no control. These other web sites or services may collect data, solicit personal information and generate cookies on your computer in a manner different from our services. These other web sites or services may also contain information that you may find inappropriate or offensive. The Professional Softball Club, Inc. is in no way responsible for the content or availability of information found on any web site or service owned by a third party that may be linked to The Professional Softball Club, Inc.’s websites by a hyperlink, whether such hyperlink is provided by The Professional Softball Club, Inc. or by a third party. By providing access to third party websites or advertisements, The Professional Softball Club, Inc. is not endorsing the products or services provided by the owner or operator of such web sites. Consequently, we will not be liable or responsible for the accuracy, relevancy, reliability, copyright compliance, legality or decency of material contained in third party websites or services linked to our services. We cannot ensure that you will be satisfied with any products or services you purchase from a third party that links to or from our services or that you purchase through third party advertising or content on the services. We do not make any representations or warranties as to the security of any information (including, without limitation, payment information and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to the products, services and content of third party websites, including third party websites or services accessible by links from our services. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.
THE MATERIALS ON THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ASSUME NO OBLIGATION TO ARCHIVE OR OTHERWISE PRESERVE ANY FAN PAGE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. The Professional Softball Club, Inc. is not responsible for and makes no warranties, express or implied, as to the User-Generated Content appearing on any affiliated website or service, whether actually or apparently provided by Registered Fans or by any of the equipment or programming associated with or utilized in the services. You post User-Generated Content at your own risk. Although we provide privacy settings that limit access to your profile, no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your User-Generated Content. We cannot and do not guarantee that User-Generated Content will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the services. Even after removal, copies of User-Generated Content may remain viewable in cached and archived pages or if other Users have copied or stored your User-Generated Content. User-Generated Content appearing on the services does not necessarily reflect the opinions or policies of The Professional Softball Club, Inc. User-Generated Content may link to other websites. The Professional Softball Club, Inc. is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness. When you access these third party sites, you do so at your own risk.
Limitation of Liability:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROFESSIONAL SOFTBALL CLUB, INC. OR OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING THE MATERIALS OR FUNCTIONS ON THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE COMPLETE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE PROFESSIONAL SOFTBALL CLUB, INC. AND OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS OR AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO THE PROFESSIONAL SOFTBALL CLUB, INC., IF ANY, FOR ACCESSING THE SERVICES.
Commenting on Websites and Services:
The Professional Softball Club, Inc. may create opportunities for fans so that they can have a safe and enjoyable place to interact with other fans, express themselves, and support their favorite team(s)/player(s). In order to maximize this opportunity for all fans, The Professional Softball Club, Inc. requires that fans agree to the following terms when they participate in commenting on affiliated websites.
Post only appropriate content:
What follows are examples of the kind of content that is illegal or prohibited to post anywhere on a website operated by The Professional Softball Club, Inc. We reserve the right to investigate and take appropriate legal action against anyone who, in The Professional Softball Club, Inc.’s sole discretion, violates this provision, including without limitation, removing the offending content and terminating the registration of such violators. Prohibited content includes, but is not limited to, content that: harasses or advocates violence or harassment of another person; publicly posts information that poses or creates a privacy or security risk to any person; constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work; is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under the age of 18; promotes any criminal activity or enterprise; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities or sales or contests or advertising, without The Professional Softball Club, Inc.’s prior written consent; includes a photograph or video of another person that you have posted without that person’s consent; and imitates or purports to be a posting to a website by someone other than the person actually posting.
Report Inappropriate Content
Help The Professional Softball Club, Inc. remove content that doesn’t belong here. If you become aware of misuse of a website operated by or on behalf of The Professional Softball Club, Inc. by any person, you agree to report the abuse by emailing firstname.lastname@example.org
. After the fan community identifies questionable content through this website reporting tool, the content will be automatically reviewed, and The Professional Softball Club, Inc. may exercise its discretion to either further review or permanently remove the offending content or conduct and to warn or, as appropriate, to bar from being Registered Fans those transmitting such content or engaging in such conduct. We need all Users to report suspicious persons and inappropriate content they encounter on any part of our websites. And we strongly encourage Users under the age of 18 to talk to their parents or a responsible adult immediately if someone online says or does something to make them feel uncomfortable or threatened in any way.
Keep your Guard Up!
Abide by All Laws.
The services are controlled and operated by or on behalf of The Professional Softball Club, Inc. and its affiliates. We make no representation that materials or products offered on the services are appropriate or available for use in any particular location. Those who choose to access the services do so on their own initiative and are responsible for compliance with all applicable national and local laws. Software and products downloaded or purchased from the services are further subject to United States export controls. No software or products offered on the services may be downloaded, shipped or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By purchasing products or downloading or using the software offered on the services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Arbitration of Disputes; Class Action Waiver:
. If The Professional Softball Club, Inc. initiates arbitration, it will send a written Notice to the email address of the User used for access to the services. If you and The Professional Softball Club, Inc. do not reach an agreed upon resolution within 30 days
of receiving notice, you or The Professional Softball Club, Inc. have the right to begin an arbitration proceeding or file a claim in small claims court. For timeliness purposes, you and The Professional Softball Club, Inc. agree to begin any arbitration or claim in small claims court within one year
after a claim arises; otherwise, the claim is waived. You and The Professional Softball Club, Inc. also agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor The Professional Softball Club, Inc. will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitration or proceedings. We both also expressly waive the right to a trial by jury. To the extent arbitration is not applicable, you and The Professional Softball Club, Inc. agree to submit to the exclusive jurisdiction of the state and federal courts (as applicable) located in the State of New Jersey. You agree that The Professional Softball Club, Inc. may bring suit in a court of competent jurisdiction in New Jersey to enjoin infringement or other misuse of intellectual property rights.
Digital Millennium Copyright Act:
If you believe your work has been copied and posted on or through these services in a way that constitutes copyright infringement, please send a notification of claimed infringement to email@example.com
with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address and telephone number; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your electronic signature. We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of Fans who are deemed to be repeat infringes. We may also at our sole discretion limit access to the services and/or terminate Memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Professional Softball Club, Inc. may make certain features of the services available via your mobile phone. In addition to any charges disclosed to you by The Professional Softball Club, Inc., your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain features or products may be prohibited or restricted by your carrier. Not all products and features will work with all carriers or devices. Therefore, you should check with your carrier to find out if the product or feature that you are interested in is available for your mobile devices, and what restrictions, if any, may be applicable to your use of such products or features. By using the product or feature provided by The Professional Softball Club, Inc. or an affiliate, you agree that The Professional Softball Club, Inc. may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the product and feature may be communicated to us.