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Diamond ClubTerms and Conditions
Introduction
GameLine, LLC, ("GameLine") provides Baseball Manager (as defined below) 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 herein. (the "Terms and Conditions") Please read these Terms and Conditions carefully. By enrolling or participating in Baseball Manager, reading or participating in the Diamond Club, and/or by purchasing merchandise at the BBM Store, you acknowledge that you have read these Terms and Conditions and that you agree to be bound by, and subject to, these Terms and Conditions as well as the decisions of GameLine, or the judges, which shall be final and binding in all respects. Further you acknowledge and agree to the Privacy Policy. In these Terms and Conditions, "you" and "your" and "participant" refers to you, the person who has enrolled in Baseball Manager or used or participated in any of the GameLine Sites.
Game of Skill
Baseball Manager (also called "BBM") is a game of skill designed to increase consumer awareness of and interest in Major League Baseball. To win, users must utilize their knowledge of individual players' daily statistics, how hitters are performing and have performed, and how starting and relief pitchers are performing and have performed in prior outings. Users must also know upcoming pitching rotations and batting lineups of actual major league teams, how hitters perform against opposing pitchers, how pitchers fare against hitters, how they each do in certain stadiums and any other variable that would impact a player's ability to perform well. In addition, you need to keep up to date with player moves and know whether players have been benched or are injured and other roster moves. In addition, in our Ultimate games, it is important to know how hitters perform and have performed against left-handed and right-handed pitching and know what relievers perform better as long relievers or as short relievers. The more you know about the players and the teams playing in Major League Baseball, and their opponents each night, the better your chances of winning.
Game Play
Baseball Manager is a fun, daily game that will test your baseball knowledge. In Baseball Manager, you set your pitching and batting lineup each day as you prepare for nightly head to head matchup against your opponent. (In Ultimate Baseball Manager, you get the additional feature of setting lineups against left-handed and right-handed starting pitchers.) For more details on how to play and some tips, see the BBM Guide.
Enrolling
Entry Period
Enrollments open on or about February 13, 2013. The deadline to enroll in Ultimate or Express Baseball Manager and be eligible for prizes is 4:59 AM Eastern Time June 1, 2013. Not all games have prizes. See "Prizes" for a list of games that have prizes. In addition, in order to be eligible for prizes you must be enrolled in a full league.
Different Game Levels
There are different levels of game play. We offer 3 main games and within each game there are different levels of competition. The three main games are: (a) Lightning, a 54 game season; (b) Express, a 162 game season; and (c) Ultimate, a 162 game season with separate lineups to set against left-handed pitchers and right-handed pitchers and playoffs. For Ultimate and Express we offer Pinetar versions of each game. (See "Pinetar" section below) For Ultimate we also offer a Keeper version of the game. (See "Keeper" section below)
Within each game there are different levels. For Express, we offer Express Silver and Express Platinum. For Ultimate, we offer Ultimate Gold and Ultimate Diamond. Please make your selection carefully on the enrollment screen when choosing which game you wish to play. Each game is individually and collectively defined as "Baseball Manager."
Eligibility
Subject to the next paragraph, Baseball Manager is intended for viewing only in the United States and Canada. Persons residing in other jurisdictions are not eligible to win any prizes in connection with Baseball Manager.
Residents of Canada, Arizona, Iowa, Louisiana, Montana, Vermont and Washington and Puerto Rico may play Baseball Manager and have their places noted in the standings but are not eligible to win any prizes. Persons under the age of 18 years may play, but are not eligible to win prizes. No one under 13 years of age may play the game. All federal, state and local laws and regulations apply. Directors, officers, employees, representatives, agents and consultants of GameLine and each of their respective distributors, divisions and subsidiaries, their immediate families (a parent, sibling or other relative residing in the same household as one of the above persons), and directors, officers, employees, representatives, agents and consultants of the game promotional partners are not eligible to win any prize. Recipients of complimentary accounts may play the game but will not be eligible for prizes.
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 billing at baseballmanager .com.
Cancellation/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 billing at baseballmanager .com.
GameLine may in its sole discretion, cancel your enrollment and terminate your account if GameLine believes that you violated these Terms and Conditions or other policies or guidelines that GameLine may post on a GameLine Site. See also "Sportsmanship." 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.
Pinetar
If you choose to enroll in Pinetar Ultimate Progression Baseball Manager, you will be subject to a $10 additional fee. If you choose to enroll in Pinetar Express Progression Baseball Manager, you will be subject to a $5 additional fee. This fee is not kept by GameLine but is provided directly to the organizers of the Pinetar Progression League that you have decided to enroll in. Please note that GameLine does not manage or operate Pinetar but offers that league to its users who may be seeking a progression league format. You acknowledge and agree that by enrolling in Pinetar you may be subject to additional rules that govern the Pinetar leagues. If you have questions about Pinetar you should contact them directly.
Keeper Leagues
If you enroll in a new Keeper League in 2013 (in Ultimate Baseball Manager) and pay the appropriate fee, you are entitled to play in that league for 2013 and 2014, subject to the requirements herein. In addition, you understand and agree that if you do not access your team in your Keeper League, and submit your list of keeper players for the 2014 season by the date that is ten days before general enrollments open in the 2014 season (or such later date as determined by GameLine), 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. If you are enrolled in an existing Keeper League and pay the renewal fee for 2013, you will be entitled to manage your team in that league in 2013. 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. We offer Keeper owners a chance to renew their Keeper team each season ("Keeper Renewals"). If you do not reenroll during the enrollment period for Keeper Renewals, your use of that team in that Keeper League will expire at the end of that season.
Trades
Throughout the season, owners can trade players with other teams. Any trades accepted by two parties before the deadline will be subject to the following process:
How a trade is processed depends on your League Trade Review rule:
- If you have Trade Review in effect, then any agreed-to trade will take 2 days to clear. During this time, if 3 or more teams object to the trade, it will be reviewed by the Commissioner. If fewer than 3 teams object, it will be processed on the 2nd night after the trade is entered.
- If you do NOT have Trade Review in effect in your league, then your trade becomes immediate once both teams enter the same trade (or accept a proposed one.) You can see the changes to your roster immediately.
Trading is not available at the end of the season. The deadline for accepting a trade is 11:59 PM of the 15th of August. No trades will be allowed after that time.
Sportsmanship
Rules of Sportsmanship
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: (i) controlling more than one team in the same league; (ii) making a collusive trade or a collusive transaction, where the move is made to benefit one team and not another; and (iii) 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 and/or the GameLine Sites, 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; spamming, advertising or any form of commercial solicitation; and any material or message that does not pertain to the particular chat room or bulletin board.
Right To Terminate for Violation Rules of Sportsmanship
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, and GameLine, in its sole discretion may decide not to award any prizes to anyone deemed to have violated this section. All decisions made by GameLine in this matter will be final.
Robos
You agree that GameLine reserves the right to operate your team if your team goes "ROBO". "ROBO" means that you have not managed your team (made any transactions moves or updates to your roster) for fifteen (15) consecutive days. GameLine will cease to operate your team at any time you actively manage your team, but reserves the right to operate your team if, at any later time, your team goes "ROBO" again.
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.
Prizes
League Champion
Subject to the Eligibility section above, prizes will be awarded to the regular season league champion (the team that finishes in first place) based on league standings. This is the team with the most wins and the fewest losses. If there is a tie at the end of the regular season, the league champion will be determined by the following tiebreaker: The teams that tie will then be ranked first by which team has the fewest team errors for the season. If there is still a tie, the teams will next be ranked by which team has the highest team Batting Average. If there is still a tie, the teams that are tied will then be ranked by which team has the lowest team Earned Run Average. If there is still a tie, the teams will then be ranked by which team has the most cash remaining. If there is still a tie the prize will be split evenly. The winner will be the one deemed to have finished in "first place."
There are no prizes for winning the playoffs in Ultimate.
League Champion Prizes
The first-place eligible finisher in each Express Silver league will receive a complimentary entry into an Express Silver league in 2014. (subject to such finisher utilizing the same Baseball Manager account in 2014 as in 2013).
The first-place eligible finisher in each Express Platinum league will win Two Hundred Dollars (US $200.00).
The first-place eligible finisher in each Ultimate Gold league will receive a complimentary entry into an Ultimate Gold league in 2014. (subject to such finisher utilizing the same Baseball Manager account in 2014 as in 2013)
The first-place eligible finisher in each Ultimate Diamond league will win One Thousand Two Hundred Dollars (US$1,200.00).
Each first-place eligible finisher above is a "Potential Prize Winner," and, if they are awarded and accept a prize, also a "Prize Winner."
There are no prizes awarded for Lightning leagues.
Prize Notification
Potential Prize Winners will be notified via email within 30 days of the end of the Major League Baseball season. Potential Prize Winners in Express Platinum leagues and Ultimate Diamond leagues will be required to sign and return, within thirty (30) days of issuance, an Affidavit of Eligibility and a Publicity/Liability Release, except where prohibited by law. Failure to return such documents within the specified time period, noncompliance with these Terms & Conditions, the return of any prize or a prize notification(s) or if any Potential Prize Winner declines a Prize for any reason, will result in such person being disqualified, with an alternate eligible Prize Winner with the next highest finish selected in accordance with these Terms and Conditions (as applicable). IN addition, if a Potential Prize Winner is ineligible due to the Eligibility Section, an alternate eligible Prize Winner with the next highest finish will be selected in accordance with these Official Rules (as applicable). In the event of a dispute about the identity of a participant, the participant will be declared to be the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Winner may be required to provide the Sponsor with proof that the Winner is the authorized account holder of the email address associated with the winning team. Winner will receive their prize within 6 to 8 weeks of GameLine's receipt of the signed form.
Prizes awarded may be subject to legal restrictions. You agree that in the event that the award of prizes to winners of Baseball Manager is challenged by any legal or regulatory authority, GameLine has the sole right to determine whether or not to award such prizes and whether or not to refund previous payments made by you or to discontinue or modify Baseball Manager, or to disqualify participants residing in the affected geographic areas. In any of such event(s), the Released Parties (defined below) shall have no liability to any participants. All prizes will be awarded regardless of the number of participants or amount of entry fees received. Prizes are not transferable and no substitution of prizes is permitted except that GameLine reserves the right to substitute a prize of equivalent value or greater. All federal, state, local tax and other tax liabilities, and any shipping and handling charges, arising from playing Baseball Manager or participating on any of the GameLine Sites, including, without limitation, winning a prize, will be the sole responsibility of the Prize Winner. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied (including without limitation, warranty of merchantability or fitness for a particular purpose).
Publicity Release Terms
Except where prohibited by law, a Prize Winner's acceptance of a Prize constitutes permission for GameLine to use Prize Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media and for any purpose including advertising, in perpetuity, without further compensation. You agree to GameLine's use of your name and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
Rules/Winners Information
For the names of the League Champion Prize Winners send a self addressed stamped envelope for receipt by January 31, 2014 to "Winners list Baseball Manager," c/o GameLine, 269 S Beverly Drive #1134, Beverly Hills, CA 90212.
For a copy of these Terms and Conditions send a self addressed stamped envelope to the above address marked Terms & Conditions: Baseball Manager for receipt by December 31, 2013. Residents from VT may omit postage on the self-addressed envelope.
Additional Obligations and Legal Requirements
Use
You understand that you access Baseball Manager and the GameLine Sites through the Internet. You understand further that GameLine does not control or operate the Internet in any way. See "Internet" 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 or the GameLine Sites, including, but not limited to, gambling or the making or placing of any bets or wagers.
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 these Terms and Conditions. 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, 269 S. Beverly Drive, #1134 Beverly Hills, CA 90212. Attn: GameLine. These Terms and Conditions does not grant you the right to use the GameLine name or logo or registered trademarks of GameLine or any other name or logo, including but not limited to, Baseball Manager, Scorecard and Play Seven.
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 these Terms and Conditions 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.
Trademarks
Baseball Manager and Scorecard are registered trademarks of GameLine. Play Seven, Play Seven design and GameLine are trademarks of GameLine.
Internet
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of GameLine, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of Baseball Manager, GameLine reserves the right, in its sole discretion, to cancel, terminate, modify or suspend Baseball Manager. In such event, GameLine further reserves the right to award (or to not award) prize(s) to the eligible players with the best record (tiebreakers rules will apply) in each league in Baseball Manager as of the termination date. GameLine assumes no responsibility for any error, omission, interruption, deletion, malfunction, defect, delay in operation or transmission of the GameLine Sites and Baseball Manager. GameLine is not responsible for any communications line failure, network inoperability, or for lost, late or misdirected entries or transactions, or for incorrect, inaccurate, delayed, misplaced or incomplete information whether caused by a user, equipment, a third party provider, or technical malfunction, or by any equipment or programming, or for any human error. GameLine is not responsible for theft or destruction or unauthorized access to, or alteration of, entries or transactions or data, including but not limited to, the sports data feed. GameLine is not responsible for any technical errors or malfunctions, or any combination of any of the foregoing, including any injury or damage to you or to you or any person's computer or internet enable device related to or resulting from participation or downloading any materials in Baseball Manager. GameLine reserves the right to halt or modify Baseball Manager at any time if events beyond their control compromise the game's fairness or integrity. Further, GameLine reserves the right to disqualify any individual who tampers with any component of Baseball Manager or the GameLine Sites.
Release and Indemnity
By participating in Baseball Manager, you (and if you are a minor, your parents or legal guardian) release and agree to hold harmless GameLine and each of its respective affiliates, directors, officers, employees, representatives, consultants, and agencies (collectively, the "Released Parties") from any and all liability for any claims, losses, costs, injuries or damages of any kind arising out of or in connection with Baseball Manager or the GameLine Sites, or acceptance, possession, or use of any prize (including without limitation, claims, losses, costs, injuries, damages and losses related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional) whether under a theory of contract, tort (including negligence), warranty or other theory.
You agree to indemnify and hold harmless GameLine, its affiliates, directors, officers, employees, consultants, contractors, representatives, and agents 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 these Terms and Conditions.
Further, GameLine and the Released Parties assume no liability and are not responsible for, and you hereby forever waive any rights to any claim against the Release Parties in connection with (i) the selection and announcement of a Prize Winner, the distribution of a prize, the acceptance/possession and/or use/misuse of any part of a prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a prize or from playing Baseball Manager or using the GameLine Sites; (ii) lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail if applicable; the inaccurate providing of data, including the feed of statistics; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information; and (iii) any part of Baseball Manager, including any advertising or promotions of Baseball Manager, and/or these Terms & Conditions. In the event of any ambiguity(s) or error(s) in these Terms & Conditions, GameLine reserves the right to modify these Terms & Conditions for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of Baseball Manager.
The Released Parties assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in Baseball Manager and/or the GameLine Sites or downloading materials from Baseball Manager and/or the GameLine Sites.
CAUTION: ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF BASEBALL MANAGER AND/OR THE GAMELINE SITES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, GAMELINE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitations 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, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER GAMELINE NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, DIRECTORS, OFFICERS, REPRESENTATIVES, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS, MAKES ANY WARRANTY OR REPRESENTATION 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, DIRECTORS, OFFICERS, REPRESENTATIVES, 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 YOU PAID TO GAMELINE FOR ENROLLMENT IN BASEBALL MANAGER AND/OR THE PURCHASE PRICE YOU PAID FOR MERCHANDISE PURCHASE FROM GAMELINE. IN NO EVENT SHALL GAMELINE, ITS INFORMATION PROVIDERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, REPRESENTATIVES, OR CONTRACTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE OR OTHER DAMAGES, ARISING OUT OF YOUR ACCESS, YOUR USE OR INABILITY TO USE OR ACCESS 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 USES OR PROVIDES LINKS TO FOR CONTENT, ADVERTISING OR ANY OTHER TYPE OF DATA OR INFORMATION.
Choice of Law
These Terms and Conditions shall be construed and controlled by the laws of the State of California. Any dispute arising from these Terms and Conditions, including, without limitation, a breach of these Terms and Conditions, shall be governed by the laws of the State of California. You agree to submit to the jurisdiction of the state and federal courts located in Los Angeles.
Sponsor/Prize Provider/Administrator's Mailing Address
GameLine, 269 S. Beverly Drive #1134, Beverly Hills, CA 90212
Other
These Terms and Conditions constitute the entire Agreement between the parties with respect to the subject matter contained herein and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, between you and GameLine. GameLine may change these Terms and Conditions 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 these Terms and Conditions including its amendments and modifications. GameLine reserves the right to discontinue Baseball Manager at any time. 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 at baseballmanager .com.
