Play Ball! Minnesota, part of the Twins Community Fund, provides this Internet site and related services subject to your compliance and agreement with the terms and conditions set forth below. By using the Play Ball! Minnesota site, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service"). We may update the Terms of Service in the future, and you will be able to find the most current version of this agreement on our website. Any information on this site is relied on by you at your own risk and no reliance can be placed on this site for accurate or reliable information.
Play Ball! Minnesota offers its services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Play Ball! Minnesota services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Play Ball! Minnesota of any unauthorized use of your password or account or any other breach of security. Play Ball! Minnesota cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Play Ball! Minnesota reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available through the Play Ball! Minnesota site and pages. You understand that by using Play Ball! Minnesota services you may be exposed to Content that is offensive, indecent or objectionable, and that you use Play Ball! Minnesota services at your own risk. You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Play Ball! Minnesota services and for any consequences thereof. You agree to use Play Ball! Minnesota services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Play Ball! Minnesota services or servers or networks connected to Play Ball! Minnesota. To report any activity or Content that may violate the Terms of Service, please go to the help center.
In addition to this agreement, your use of some specific Play Ball! Minnesota services is governed by the policies or guidelines that are presented to you when you sign up for or access those services and which are specifically incorporated into this Terms of Service.
By using Play Ball! Minnesota services, you acknowledge and agree that Play Ball! Minnesota may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce this Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Play Ball! Minnesota, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of Play Ball! Minnesota services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that this site and the information stored or contained herein may be assigned or otherwise transferred without your consent in a business transaction whereby Play Ball! Minnesota sells, leases, loans or transfers by operation of law its assets in a private or public transaction. You hereby consent to any such assignment or other transfer.
You acknowledge and agree that Play Ball! Minnesota services and any necessary software used in connection with Play Ball! Minnesota services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through Play Ball! Minnesota services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Play Ball! Minnesota or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Play Ball! Minnesota services, Content or Software, in whole or in part. Subject to the Terms of Service, Play Ball! Minnesota grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Play Ball! Minnesota services. You agree not to access Play Ball! Minnesota services by any means other than through the interface that is provided by Play Ball! Minnesota for use in accessing Play Ball! Minnesota services.
Play Ball! Minnesota claims no ownership or control over any Content submitted, posted or displayed by you on or through Play Ball! Minnesota services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Play Ball! Minnesota services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Play Ball! Minnesota services which are intended to be available to the general public, you grant Play Ball! Minnesota a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on Play Ball! Minnesota services solely for the purpose of displaying, distributing and promoting Play Ball! Minnesota services. This license terminates when such Content is removed from the Play Ball! Minnesota service to which you originally submitted. Play Ball! Minnesota reserves the right to syndicate Content submitted, posted or displayed by you on or through Play Ball! Minnesota services and use that Content in connection with any of the services offered by Play Ball! Minnesota. Play Ball! Minnesota furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
It is our policy to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act or other applicable law. Any use of Play Ball! Minnesota or Minnesota Twins trade names, trademarks, service marks, logos, domain names, and other distinctive brand features is strictly prohibited and no license or right is granted to any person or entity to utilize or otherwise exploit, for profit or not, such names, trademarks, service marks, logos, domain names and other distinctive brand features. The foregoing prohibition includes, without limitation, reproduction, copy and distribution by any means, method or process whatsoever.
You agree that Play Ball! Minnesota has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Play Ball! Minnesota services. You acknowledge that Play Ball! Minnesota has set no fixed upper limit on the number of transmissions you may send or receive through Play Ball! Minnesota services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
Upon the termination of your use of Play Ball! Minnesota services, including upon receipt of a certificate or other legal document confirming your death, Play Ball! Minnesota will close your account and you will no longer be able to retrieve content contained in that account.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Play Ball! Minnesota services, use of Play Ball! Minnesota services, or access to Play Ball! Minnesota services.
Play Ball! Minnesota reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Play Ball! Minnesota services (or any part thereof) with or without notice. You agree that Play Ball! Minnesota shall not be liable to you or to any third party for any modification, suspension or discontinuance of Play Ball! Minnesota services.
You may discontinue your use of Play Ball! Minnesota services at any time. You agree that Play Ball! Minnesota may at any time and for any reason, including a period of account inactivity, terminate your access to Play Ball! Minnesota services, terminate the Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Play Ball! Minnesota services, your account or any files or other content contained in your account.
Some Play Ball! Minnesota services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by Play Ball! Minnesota on its services are subject to change. You agree that Play Ball! Minnesota shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on Play Ball! Minnesota services.
Play Ball! Minnesota services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Play Ball! Minnesota has no control over such sites and resources, you acknowledge and agree that Play Ball! Minnesota is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Play Ball! Minnesota shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify Play Ball! Minnesota, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of Play Ball! Minnesota services, violation of this Terms of Service or any other actions connected with use of Play Ball! Minnesota services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Play Ball! Minnesota will provide you with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF PLAY BALL! MINNESOTA SERVICES IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAY BALL! MINNESOTA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PLAY BALL! MINNESOTA DOES NOT WARRANT THAT (i) PLAY BALL! MINNESOTA SERVICES WILL MEET YOUR REQUIREMENTS, (ii) PLAY BALL! MINNESOTA SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PLAY BALL! MINNESOTA SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH PLAY BALL! MINNESOTA SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. FURTHER, PLAY BALL! MINNESOTA MAKES NO WARRANTY AS TO THE SAFETY, RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION ON THIS SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PLAY BALL! MINNESOTA SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLAY BALL! MINNESOTA CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE ARE FREE FROM INFECTION BY VIRUSES, WORMS, Trojan horses or other code that may harm your computer or system. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLAY BALL! MINNESOTA OR THROUGH OR FROM PLAY BALL! MINNESOTA SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
This Agreement and the terms hereof shall be subordinate to (i) any present or future governing documents of or other agreements promulgated by, or entered into by, or on behalf of the Office of the Commissioner, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., or any present or future affiliate, successor or assign thereof (individually, an "MLB Entity" and collectively, the "MLB Entities"), (ii) any present or future agreements entered into with third parties by, or on behalf of, the MLB Entities and/or the Major League Baseball ("MLB") clubs, or among the MLB clubs and any MLB Entity or Entities, and (iii) the applicable rules, regulations, policies, bulletins or directives issued or adopted by the Commissioner or otherwise pursuant to the Major League Constitution or any agency agreement or operating guidelines among the MLB clubs and an MLB Entity ((i), (ii) and (iii) above are referred to herein collectively and without limitation as the "MLB Documents"). You comply with all terms, conditions and requirements contained in any present or future MLB Documents with respect to the subject matter of this Agreement. You acknowledge and agree that the terms and conditions of this Agreement may be revised or terminated as a result of application of the MLB Documents, as established and amended from time to time by and pursuant to the MLB Documents.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLAY BALL! MINNESOTA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLAY BALL! MINNESOTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE PLAY BALL! MINNESOTA SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM PLAY BALL! MINNESOTA SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON PLAY BALL! MINNESOTA SERVICES; OR (v) ANY OTHER MATTER RELATING TO PLAY BALL! MINNESOTA SERVICES.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
You agree that Play Ball! Minnesota may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Play Ball! Minnesota services.
Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and Play Ball! Minnesota and govern your use of Play Ball! Minnesota services, superseding any prior agreements between you and Play Ball! Minnesota for the use of Play Ball! Minnesota services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Play Ball! Minnesota services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and Play Ball! Minnesota shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and Play Ball! Minnesota agree to submit to the personal and exclusive jurisdiction of the state and/or federal courts located within the state of Minnesota. Notwithstanding the above, Play Ball! Minnesota may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 13 (Active Proprietary Rights/Software License).
Waiver and Severability of Terms. The failure of Play Ball! Minnesota to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Play Ball! Minnesota services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT YOU AGREE TO ALL OF ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
