Website Terms of Use Agreement

PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE.
Use of the Official Website of Barlogical (the "Website") is subject to this Agreement as follows:

1. Website Ownership
The Website is owned by Barlogical. All materials contained or distributed in the Website (the "Materials") are either owned by or licensed to Barlogical. The applicable owners and licensors retain all rights to the Materials, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of Barlogical. Materials must not be used in any unauthorized manner.

Notices and Attribution. Associated Press ("AP") text, photo, graphic, audio and/or video material (collectively, the "AP Materials") shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to any Website user or to any third party or to any other person who may receive information in the AP Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby. Corporate, governmental and institutional users may use portions of the AP Materials for internal printed communications and memoranda.

Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), Barlogical has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website (the "Designated Agent"). All such notifications relating to this Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:

2. Message FeaturesParticipation. 
The Website may offer opportunities for you to transmit messages in connection with various features including, but not limited to, vanity email, auctions, contests, games, blogs, video submissions and message boards ("Message Features"). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message ("Message") in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature. In order to participate in any Message Feature, you may be asked to register by providing certain personal information such as your name and/or email address. (The Website's Privacy Policy explains how such information may be collected and used.) You may also be asked to select a screen name ("Screen Name") for identification purposes. You must not use any Screen Name that violates any term of subsections (i)-(ix) above, or any other operating term set forth by Barlogical.

License. By transmitting any Message or Screen Name, you are granting Barlogical a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.

Message and Screen Name Review. Barlogical and its third-party providers (the "Vendors") act as a passive conduit in connection with your use of Message Features. However, Barlogical and its Vendors have the right, but not the obligation, to review, edit or delete any Message or Screen Name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature on a temporary or permanent basis. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by Barlogical or its Vendors.

You acknowledge that Messages and Screen Names are not confidential and that they may be read, intercepted by others and widely accessible on the World Wide Web, and that you no have no expectation of privacy with regard to any such submission. You acknowledge that by submitting Messages and/or Screen Names to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and Barlogical and its Vendors other than as expressly set forth in this Agreement. You acknowledge that Barlogical is not responsible for, and cannot and does not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Website.

3. Barlogical may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Barlogical may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

4. Sales from the Shop, Auction, Ticketing, Audio/Video and Mobile Sections of the Website are subject to the following special terms and conditions:

The Shop allows you to order products supplied by independent merchandise Vendors. Auctions allow you to purchase merchandise through an auction process (products purchased via the Shop and Auctions collectively referred to as the "Merchandise"). From the Ticketing section, you can, among other things, buy tickets for events supplied by the appropriate vendors. From the Audio/Video and Mobile sections, you can buy subscriptions to or downloads of audio, video and audiovisual content.

ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. BARLOGICAL EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SHOP, AUCTIONS, TICKETING, AUDIO/VIDEO, OR MOBILE SECTIONS, OR ANY FEATURE OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY FEATURE OR SERVICE, MERCHANDISE OR TICKETS.

Barlogical reserves the right to modify the price of any Merchandise, ticket or feature or Service. Barlogical is not responsible for any error in copy or images relating to Merchandise, tickets or feature or Service. Any auction or offer to sell any Merchandise, ticket or feature or Service, may be discontinued at any time in Barlogical’s sole discretion.

With respect to Merchandise offered and/or sold via the Shop, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process (with the exception of any special order or customized/personalized products, which will be billed immediately after the order is received). Despite our best efforts, a small number of the items in our Shop or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following:

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Purchasing; Price; Payment. In order to purchase Merchandise, the tickets, features or Services on the Website, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. (The Website's Privacy Policy explains how such information may be collected and used.) Your ability to purchase Merchandise, tickets, features or Services is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. Barlogical may bill your credit card at the time the Services, Merchandise or tickets are ordered or shipped, and the appropriate Vendor may bill your credit card at the time your tickets are ordered or shipped. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Barlogical may in its sole discretion decline service to or terminate any account. Neither Barlogical, nor any other Barlogical Entity (defined in Section 9 below), nor any of the Vendors is responsible, and must not be held liable, for any breaches in transaction security by any third party.

By purchasing any features or Services via the Website, you acknowledge and agree that your credit card is being charged by the payment processor of Barlogical.

By utilizing a debit card for purchase of any features or Services, you authorize Barlogical to debit on the specified periodic basis (e.g., once per month for monthly Services) the amount described on the applicable Service or Services' checkout page(s).
The Services are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.

The Services are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

Billing, Automatic Renewal and Refund Policies for Certain Services: For certain Services purchased on a monthly basis (e.g., Monthly subscriptions), the term begins when you purchase and ends on October 31 of that year, with monthly billing during each of March-October at the then prevailing monthly rate. Unless you signified otherwise at purchase, the subscription will automatically renew on March 1 of each subsequent year and end on October 31 of each subsequent year, with monthly billing resuming during each of March – October at the previous year’s rate. To cancel your monthly subscription or this automatic renewal feature, send an e-Mail to shop@barlogical.com. Cancellation will become effective as of the next monthly billing cycle following receipt.
 
For Services purchased on a yearly basis (e.g., Yearly subscriptions), the term begins when you purchase and ends on the last day of February of the next year, with one-time billing immediately following your purchase. Unless you signified otherwise at purchase, the subscription will automatically renew on March 1 of the next year at the previous year’s rate. To cancel this automatic renewal feature send an e-Mail to shop@barlogical.com.

Refund Policies for Certain Subscription Services: In order to provide the highest customer satisfaction possible, Barlogical will refund the paid purchase price of (a) a yearly subscription if it is received within ten (10) days of the date of purchase, and (b) a monthly subscription to if it is received within five five (5) days of the date of purchase or within five (5) days of the last billing. To request a refund, send an e-Mail to shop@barlogical.com. Subscriptions otherwise are not subject to refund or credit.
By accepting this Agreement, you agree that Barlogical may notify you about changes to prices or services by sending an e-mail message to your e-mail address on file with Barlogical, and by publishing such notices from time to time on the informational page(s) of the website applicable to the Services. It is your responsibility to notify Barlogical of any change in your e-mail address by logging into www.barlogical.com and using the online account management tool.

Programming, pricing, terms and conditions of Services are subject to availability and change.

Subscription activation for Services, and subsequent ability to access Services, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by Barlogical, your IP address). Scheduled events may be cancelled or substituted when necessary. Applicable taxes are not included and are the responsibility of the subscriber.

5. Votes; Contests; Sweepstakes
The Website may offer you opportunities to vote in connection with certain events including the All-Star Competition and also to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms set forth on the Website applicable to the event as well as the terms of this Agreement.

6. Linking
The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website from or to other websites maintained by third parties, do not constitute an endorsement by Barlogical or any other authorized entity of any third party website or content. Barlogical is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its website administrator or Webmaster.

7. Disclaimer of Warranties

A. USE OF THE WEBSITE, THE SERVICES, TICKETS, AND MERCHANDISE ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THE WEBSITE AND ALL MATERIALS CONTAINED OR DISTRIBUTED THEREIN, INCLUDING, BUT NOT LIMITED TO ALL MERCHANDISE, TICKETS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

C. BARLOGICAL DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE, THE MERCHANDISE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, THE MERCHANDISE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE.

8. Limitations on Liability

A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY BARLOGICAL OR ANY ACT OR FAILURE TO ACT BY BARLOGICAL OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.

B. IN NO EVENT SHALL BARLOGICAL BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES, TICKETS OR MERCHANDISE.

C. IN NO EVENT SHALL BARLOGICAL, ANY OTHER AUTHORIZED ENTITY OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO ANY TRANSACTION FOR, MERCHANDISE, TICKETS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BARLOGICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF BARLOGICAL IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF BARLOGICAL, ANY OTHER AUTHORIZED ENTITY OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE OR THE SERVICES IS $50.

D. IN NO EVENT SHALL BARLOGICAL OR ANY OTHER AUTHORIZED ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY WEBSITE FEATURE.

9. Indemnification
You hereby agree to indemnify and hold the Barlogical Entities harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, the Services, Merchandise and/or tickets purchased via the Website; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the "Barlogical Entities" shall mean Barlogical, its Bureaus, Committees, Subcommittees and Councils, and each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the directors, officers and employees of the above entities.

10. Termination
Barlogical may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Barlogical 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 Barlogical's exclusive discretion, without prejudice to any legal or equitable remedies available to Barlogical, for any reason or purpose, including, but not limited to, conduct that Barlogical believes violates this Agreement or other policies or guidelines posted on the Website or conduct which MLBAM believes is harmful to other customers, to Barlogical's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by Barlogical in its sole discretion. In addition and without prejudice to any other remedy available to Barlogical, Barlogical may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by Barlogical.

11. Choice of Law; Jurisdiction; Attorneys' Fees
This Agreement will be governed by the laws of the State of California applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within California Counties, California 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. Barlogical will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.

12. Miscellaneous
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Barlogical 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. Sections 7, 8, 9, 11, 12 and 13 of this Agreement will survive any termination or cancellation of this Agreement. 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.

13. Acceptance of Terms of Use
BY USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use the Website. Barlogical 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.

LAST UPDATED: June 10th 2007

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