INTRODUCTION: GameLine, LLC, ("GameLine") provides our fantasy baseball games, Baseball Manager, ("Baseball Manager") and the Diamond Club, our bulletin board and chat service (the "Diamond Club"), and merchandise at the BBM Store (collectively, the "GameLine Sites"), subject to your compliance with the terms and conditions below. Please read this Agreement carefully. By enrolling in Baseball Manager, the Diamond Club and/or by purchasing merchandise at the BBM Store, you, the User, agree to be bound by these terms and conditions. In this Agreement, "you" and "your" refers to the User.
USE: You understand that you access Baseball Manager through the Internet. You understand further that GameLine does not control or operate the Internet in any way. Baseball Manager is a game of skill. It is for entertainment purposes only. You agree not to take part in any illegal activity related to Baseball Manager, including, but not limited to, gambling or the making or placing of any bets or wagers.
PAYMENT: You agree to pay all applicable charges to your account for enrolling in Baseball Manager or purchasing merchandise, including all applicable taxes, in accordance with billing terms in effect at the time the fee becomes payable. If you enroll in Baseball Manager or purchase merchandise, you may pay GameLine by credit card, charge card or check. You agree and represent that all information you provide for the purpose of enrolling in Baseball Manager or for purchasing merchandise will be accurate, complete and current. Your right to access Baseball Manager or obtain merchandise, is subject to any limits established by GameLine, its contractors, or by your credit/charge card issuer. If payment cannot be charged to your credit card, for whatever reason, or if there is a chargeback for any reason, GameLine reserves the right to either suspend or terminate your account with Baseball Manager and/or to withhold the delivery of merchandise. If you have reason to believe your account is no longer secure, because of theft or unauthorized disclosure of your credit card, you must notify us at service@baseballmanager.com
RULES FOR ONLINE CONDUCT: You agree to comply with rules of sportsmanship when playing Baseball Manager. A violation of the rules of sportsmanship will include, but is not limited to, controlling more than one team in the same league; making a collusive trade or a collusive transaction, where the move is made to benefit one team and not another; interacting with other owners and players in an abusive and threatening manner; and posting or sending other postings or emails of messages of the type listed below.
You agree that, when using Baseball Manager, and the Diamond Club, you will not post any messages or material that are: defamatory; abusive; threatening; bigoted, hateful or racially offensive; vulgar, obscene or indecent; advocating illegal activity or discussing illegal activity with the intent to commit such illegal activity; infringing on any copyright or trademark; advertising or any form of commercial solicitation; and any material or message that does not pertain to the particular chat room or bulletin board.
Statements or postings that violate the above terms will be deleted upon discovery. GameLine reserves the right to suspend and/or terminate the account of any User deemed to have violated any rule of sportsmanship or who has otherwise violated this section. All decisions made by GameLine in this matter will be final.
OFFICIAL RULES: If you are participating in Ultimate Baseball Manager, please read the Official Rules, which are incorporated and made a part of these Terms and Conditions.
COPYRIGHT: Except for public domain material, all material contained in Baseball Manager, the other GameLine Sites and other sites that may be related to Baseball Manager, is copyrighted. You may not reproduce or redistribute such material, in whole or in part, in any manner, without the prior written consent of the copyright owner, unless specifically permitted by this Agreement. You may make single copies of copyrighted material displayed on Baseball Manager solely for your own personal use if you preserve any copyright or other notices contained in or associated with such material. You may not distribute such copies to others, whether or not for a charge or other consideration, without written permission of the copyright owner. Requests for permission to reproduce portions of Baseball Manager for other purposes should be mailed to GameLine, LLC, 200 Ingleside Drive, Stamford, CT 06903. Attn: Baseball Manager. This Agreement does not grant you the right to use the GameLine name or logo or registered trademarks of GameLine, including but not limited to, Baseball Manager.
Copyrighted material, including, without limitation, text, photographs, sound, video and music, may not be placed on the Diamond Club without the express written permission of the author or owner of the copyrighted material. You acknowledge that only the owner or someone authorized by the owner may place such material on the Diamond Club. The burden of determining whether any material on Baseball Manager and/or the Diamond Club is not protected by copyright rests with you. GameLine is not responsible for the posting of any unauthorized copyrighted material posted on the Diamond Club. If you do submit copyrighted material without the specific authority of the copyright owner, it is a breach of this Agreement and may subject you to legal liability. By submitting material to the Diamond Club, you agree to indemnify and hold GameLine, its employees, agents, consultants and contractors, harmless from all claims arising from such submission.
DIAMOND CLUB: By submitting material to the Diamond Club you are irrevocably granting GameLine the right to do anything GameLine may choose with all parts of the material as if it were in the public domain, including modifying it or using it commercially and authorizing others to do so.
LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF BASEBALL MANAGER AND THE OTHER GAMELINE SITES IS AT YOUR OWN RISK. BASEBALL MANAGER AND THE OTHER GAMELINE SITES ARE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER GAMELINE NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS, MAKES ANY WARRANTY OR REPESENTATION WHATSOEVER REGARDING BASEBALL MANAGER AND THE OTHER GAMELINE SITES, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH BASEBALL MANAGER AND THE OTHER GAMELINE SITES OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. GAMELINE HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL INFORMATION PROVIDERS TO IT ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
ANY LIABILITY OF GAMELINE, ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, CONSULTANTS, OR CONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF GAMELINE'S RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO GAMELINE FOR ENROLLMENT IN BASEBALL MANAGER AND/OR THE PURCHASED PRICE PAID FOR MERCHANDISE PURCHASE FROM GAMELINE. IN NO EVENT SHALL GAMELINE, ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE BASEBALL MANAGER AND/OR THE OTHER GAMELINE SITES OR FOR ANY BREACH OF WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT YOU WILL NOT HOLD GAMELINE RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH BASEBALL MANAGER AND/OR THE OTHER GAMELINE SITES, INCLUDING, WITHOUT LIMITATION, THOSE WITH WHOM GAMELINE CONTRACTS TO OPERATE VARIOUS PORTIONS OF BASEBALL MANAGER AND/OR THE OTHER GAMELINE SITES AND THOSE TO WHOM GAMELINE PROVIDES LINKS TO FOR CONTENT, ADVERTISING OR ANY OTHER TYPE OF DATA OR INFORMATION.
KEEPER LEAGUES: If you enroll in a Keeper League, you are entitled to play in that league for 2002 and 2003, subject to the requirements herein. You must pay all fees associated with your team in a Keeper League when due. There are no refunds for monies paid to enroll in a Keeper League. In addition, you understand and agree that if you do not access your team in your Keeper League, and submit your team for the 2003 season by the date that is ten days before general enrollments open in the 2003 season, then you forfeit that team and all rights you may have in that team and that you will not be entitled to any refund for monies paid.
CANCELLATION OR TERMINATION: If you are dissatisfied with Baseball Manager or with any of the terms and conditions contained herein, your sole and exclusive remedy is to discontinue using Baseball Manager. You may cancel your enrollment in Baseball Manager at any time by sending a message to service@baseballmanager.com
GameLine may in its sole discretion, cancel your enrollment and terminate your account if GameLine believes that you violated this Agreement or other policies or guidelines that GameLine may post on a GameLine Site. See also RULES FOR ONLINE CONDUCT. GameLine may terminate your account if GameLine believes your conduct is harmful to other users enrolled in Baseball Manager. All decisions made by GameLine in this matter will be final.
IMPORTANT: CANCELLATION MAY NOT ALWAYS ENTITLE YOU TO A REFUND. PLEASE SEE THE SECTION ENTITLED REFUNDS FOR MORE INFORMATION.
REFUNDS: To receive a refund of the enrollment fee for Baseball Manager, you must cancel your enrollment within seven (7) days of enrollment.
TRADEMARKS: GameLine, Baseball Manager and Baseball Manager art and design are registered trademarks of GameLine.
NOTICES: GameLine may give general notices to you by posting on any of the GameLine Sites, or, if possible, by electronic mail to your email address. You may give notice to GameLine by email to service@baseballmanager.com.
INDEMNIFICATION: You agree to indemnify and hold harmless GameLine, its consultants, contractors, agents and employees from any and all liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, that may arise from your use of any of the GameLine Sites and/or your breach of the terms of this Agreement.
CHOICE OF LAW: This Agreement shall be construed and controlled by the laws of the State of New York. Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the State of New York. You agree to submit to the jurisdiction of the state and federal courts located in New York City.
OTHER: This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between you and GameLine. GameLine may change this Agreement at any time upon notice published on any one of GameLine's Sites. Any use of any of GameLine's Sites after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications. GameLine reserves the right to discontinue Baseball Manager at any time.