Please read these Terms carefully because, by using Our Site, you agree to be bound by and comply with them. If you do not agree, you may not use Our Site. These Terms do not apply to your use of the shop located at http://shop.baseballhall.org (“Shop”), which is operated by a third party. We may change these Terms (including the Privacy Statement) from time to time by posting an updated version on this page. By continuing to use Our Site after we have posted updated Terms, you agree to the updated Terms. If you do not agree to the updated Terms, you may not use Our Site.
Material on Our Site is protected by copyright law. Except as expressly indicated otherwise in these Terms or on Our Site, you may download one copy of articles, podcasts, and other information posted on Our Site ("Site Content") solely for your limited, personal, non-commercial use as long as you do not alter the Site Content or remove any trademark, copyright, or other notices displayed on the Site Content. If you are an educator, you may download multiple copies of materials available through baseballhall.org/education for educational purposes as long as you do not alter the Site Content or remove any trademark, copyright or other notices. You may not download or duplicate copies of photographs displayed courtesy of a third party. Aside from expressly permitted uses, you may not reproduce, distribute, create derivative works of, publicly display or perform the Site Content in any manner, including extracting information or data for use in a database or any other purpose, without the BHOF’s prior written consent in each case. If you would like to use Site Content for any other purpose, please send your request to email@example.com.
Our name and our trademarks and service marks, including "National Baseball Hall of Fame and Museum," “National Baseball Hall of Fame,” “Baseball Hall of Fame,” “Baseball is America,” logos, slogans, and other indicia of source are owned by the BHOF (collectively, "Our Trademarks"). You may not use Our Trademarks without the BHOF’s prior written consent in each case, including in any manner that implies the BHOF sponsors, endorses or is otherwise the source of or affiliated with a product, service, entity, or activity or that would be likely to cause confusion among the public.
Additional terms or rules may be provided in connection with certain services or offers on Our Site. Subject to applicable law, these terms or rules will apply to those services or offers in addition to these Terms, although if any terms conflict, these Terms will prevail.
Links, Frames and Metatags
You may not frame the content of Our Site on any other web site unless you first obtain our prior written consent in each case. You may not use metatags or any other "hidden text" that incorporates Our Trademarks, or words confusingly similar to Our Trademarks, without our prior written consent.
Our Site contains links to web sites controlled and maintained by third parties ("Third-Party Sites"). For instance, when you click on the links to the “Shop,” the “Baseball Trivia” application or promotions for travel and tour package to the BHOF, you will be taken to a Third-Party Site. You may also link to social networking sites including the BHOF’s Facebook, Twitter, and YouTube accounts for additional BHOF news. The BHOF is not responsible for Third-Party Sites and providing a link to a Third-Party Site or the ability to share content (e.g., through an AddThis button) does not mean the BHOF endorses any Third-Party Site’s content, activities, policies or practices. Any information you share with or actions you take on Third-Party Sites are governed by the applicable Third-Party Sites terms and privacy statements, which you should review carefully. The BHOF makes no representation or warranty about any Third-Party Sites. You hereby release the BHOF from any claim of any nature, known or unknown, that you may ever have arising from your use of any Third-Party Site, and you waive all rights and benefits under California Civil Code Section 1542 (which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor) and under similar laws in other states.
THE SERVICES AND CONTENT AVAILABLE THROUGH OUR SITE ARE AVAILABLE "AS IS" AND "AS AVAILABLE." WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY SERVICES OR CONTENT AVAILABLE THROUGH OUR SITE (OR THROUGH LINKS TO THIRD-PARTY SITES), INCLUDING THAT OUR SITE, SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR OTHER ISSUES CONCERNING OUR SITE, SERVICES, AND CONTENT. IF YOU RELY ON OUR SITE, SERVICES OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE, SERVICES, AND CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US), AND NON-INFRINGEMENT.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS TO OUR SITE, WE DO NOT WARRANT THAT OUR SITE, SERVICES OR CONTENT WILL BE FREE FROM SUCH ELEMENTS AND THE BHOF IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.
Limitation of Liability
THE BHOF AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, DAMAGE, LIABILITY, OR INJURY ARISING FROM YOUR USE OF OUR SITE OR YOUR BREACH OF THESE TERMS, INCLUDING FROM ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN OUR SITE, SERVICES OR CONTENT.
UNDER NO CIRCUMSTANCES WILL THE BHOF OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITE, SERVICES, OR CONTENT OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY DIRECT OR OTHER DAMAGES OF ANY NATURE ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SITE IS $US 100. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold the BHOF and its directors, officers, employees, and agents harmless against all liabilities, losses, damages, and costs (including reasonable attorneys' fees) that any of the indemnified parties may incur arising out of or related to your use of Our Site, services or content or your violation of these Terms. The BHOF reserves the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.
We reserve the right to terminate these Terms, Our Site, and any services or content offered through Our Site at any time without notice for any reason. The "Disclaimers," "Limitation of Liability," "Indemnification," and "General" sections of these Terms (along with any other provision that by its terms contemplates survival) will survive any termination.
These Terms, which includes the Privacy Statement, is the complete agreement between you and the BHOF regarding your use of Our Site, supersedes all other agreements (oral or written) between you and the BHOF, and is governed by and should be construed according to the laws of the State of New York applicable to agreements made and completely performed in New York, unless doing so would lead to the application of the laws of another jurisdiction. You irrevocably agree (A) to bring any claim or dispute relating to your use of Our Site and these Terms exclusively in the state and federal courts located in the State and County of New York, (B) to submit to the exclusive jurisdiction of those courts, and (C) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without the BHOF’s prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will effect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law (unless doing so would deprive either party of a material benefit of these Terms). The failure of a party to assert any right under these Terms will not be considered a waiver of that party’s right, which will remain in full force and effect. The term “including” in these Terms is intended to be illustrative and means “including without limitation.”
Please contact us at firstname.lastname@example.org or at 25 Main Street, Cooperstown, NY 13326, attn: Web Site Service with any questions you may have about these Terms, including the Privacy Statement.
Last Updated: September 21, 2012