Personal and Noncommercial Use

The Web site is for your personal and noncommercial use. As a condition to your continued use of the Web site, you warrant to SeriousSoftball.com that you will not use the Web site for any purpose that is unlawful or prohibited by these terms and conditions of use.

USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Neither SeriousSoftball.com nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of SeriousSoftball.com.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SERIOUSSOFTBALL.COM OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Featured Links and Linking

The Web site may contain hyperlinks to web sites offered by parties other than SeriousSoftball.com. Such hyperlinks are provided for your reference and convenience only. SeriousSoftball.com does not control such other web sites and is not responsible for their content; nor does SeriousSoftball.com inclusion of hyperlinks to such web sites imply any endorsement of the material on such web sites or any association with their operators.

Unless you are subsequently advised otherwise by SeriousSoftball.com, you are hereby licensed to create hyperlinks to the content on the Web site, provided that the hyperlink accurately describes the content as it appears on the Web site. SeriousSoftball.com reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the Web site or any of its content or copy portions of the Web site to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within the Web site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web site.

Software Available on Web site

Any software that is made available to download from this Web site is the copyrighted work of SeriousSoftball.com and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, SeriousSoftball.com hereby grants to you a personal, nontransferable license to use the software for viewing and other purposes within the scope of use of such software anticipated by SeriousSoftball.com in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.

Copyright

Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, CGI/PERL Scripts, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner. Violation of this provision may result in severe civil and criminal penalties.

You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from SeriousSoftball.com or the copyright owner of the copied material.

Public Posting Area

You agree not to use the Web site to send or submit for public posting any libelous, slanderous, defamatory, abusive, obscene, profane, sexually explicit, threatening, harmful or illegal material, material containing blatant expressions of bigotry, racism or hate, material encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, national or international law, or other material of any kind that SeriousSoftball.com finds objectionable.

The public posting areas are for discussion and debate only. You may not use the public posting areas to post or transmit advertisements or commercial solicitations of any kind. You may not post or transmit any material of any nature, including text, audio, software, animation or photographs, belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. SeriousSoftball.com shall have the right, but not the obligation, to monitor the posting areas of the Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by SeriousSoftball.com from time to time.

By posting messages or other material in the public posting areas of the Web site, you are granting to SeriousSoftball.com and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.

Termination of Privileges

SeriousSoftball.com reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these terms and conditions of use. If SeriousSoftball.com receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, SeriousSoftball.com may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site.

Copyright Infringement

SeriousSoftball.com will not tolerate copyright infringement of any kind. SeriousSoftball.com does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Web site infringes your copyright, you may seek to have the material removed by sending SeriousSoftball.com notice that includes all of the following information:

• your full name, address and telephone number

• your e-mail address

• identification of the copyrighted work(s) that you believe is being infringed

• identification of the infringing material and information sufficient for SeriousSoftball.com to locate the material

• your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner

• your physical or electronic signature

Direct such notice to SeriousSoftball.com for receiving copyright infringement notices:

SeriousSoftball.com

Upon receipt of notice complying with the above requirements, SeriousSoftball.com will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Web site.

If SeriousSoftball.com removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying SeriousSoftball.com’s designated agent in writing and including the following information:

• your full name, address and telephone number

• your e-mail address

• identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled

• your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material

• your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent

• your physical or electronic signature

Upon receipt of a notice meeting the above requirements, SeriousSoftball.com will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, SeriousSoftball.com will replace or enable access to the removed material unless SeriousSoftball.com receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to SeriousSoftball.com and/or the copyright owner or Web site user.