Terms and conditions

Copyright © 2017, La Vida Baseball, LLC

ALL RIGHTS RESERVED

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.  Your use of this Site is expressly conditioned on your compliance with and acceptance of the following terms and conditions.  By using this Site, you signify your assent to these terms and conditions and our related Privacy Policy.  If you do not agree with any part of the following Terms and Conditions or Privacy Policy, do not use this Site.

We reserve the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our Site) to be bound by any such changes. The most current version of these Terms and Conditions can be viewed at any time at LaVidaBaseball.com (“Site”).  We recommend you review these Terms and Conditions prior to visiting this Site.

  1. We have all rights in our Site and content; you grant La Vida Baseball certain rights when you submit content to us.
    (a) This Site, and each of its components, is the copyrighted property of La Vida Baseball, LLC (“La Vida Baseball”), and its affiliates, various third-party providers and distributors.  Portions of the content found on this Site may be owned by such affiliates, third-party providers and distributors and is the copyrighted work of the respective third-party providers.  None of the content or data found on this Site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of La Vida and its third-party providers and distributors.  In addition, the trademarks, logos and service marks displayed on this Site (collectively, the “Trademarks”) are registered and common-law trademarks of La Vida, its affiliates, and various third parties.  Nothing contained on this Site grants, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of La Vida or such other party that may own the Trademark.
    (b) By posting or submitting content (“Content”) on or to our Site (regardless of the form or medium with respect to such Content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third-party contractors the right to display or publish such Content on our Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work that we may create), to store such Content, and to distribute such Content and use such Content for promotional and marketing purposes.
    (c) You shall be solely responsible for your own submission of Content and the consequences of posting or publishing such Content. In connection with each of your submissions of Content, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content to enable inclusion and use of such Content in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Content in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish Content without prior notice. You understand that when you submit Content in any form to the Site we may authorize such Content to be distributed or syndicated to or published on other La Vida Baseball-branded environments.
  1. Your use of our content is restricted
    You may only use this Site to browse the content, make inquiries to La Vida Baseball, make submissions as provided below to La Vida Baseball and not for any other purposes.  This site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of La Vida Baseball, except that you may download, display and print one copy of the materials presented on this Site on a single computer for your personal, non-commercial use only.  “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing.  Unauthorized use of this Site and the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.  You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials.  The use of such materials on any other Site or in any environment of networked computers is prohibited.  You are prohibited from posting to or transmitting from this Site any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  The links from this Site to any other Sites are provided for your information and convenience only.  La Vida Baseball does not assume any responsibility or liability with respect to any Site linked from this Site (or any Site linking to this Site), including its content and operation.  La Vida Baseball does not review or monitor such links.  A link from this Site to another site (or a link from another site to this Site) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such site, its contents, or any products or services advertised or distributed through that site.  While this Site may contain “links” to other sites, we are not responsible for the content or the privacy practices employed by other sites.  You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this Site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.  In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized La Vida Baseball (such consent is deemed given for standard search engine technology employed by Internet search sites to direct Internet users to this Site).
  1. You have rights if you believe your copyright is being infringed.
    We respect the intellectual property rights of others, and requires that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

    • Your address, telephone number, and email address;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the alleged infringing material is located;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
    • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Copyright Agent
La Vida Baseball, LLC
954 W Washington Blvd – Ste 600
Chicago, IL  60607
email: Contact Form

  1. We may discontinue or suspend our Site or terminate your use.
    We reserve the right at any time to modify or to temporarily or permanently discontinue, , our site (or any part thereof) with or without notice. You agree that La Vida Baseball shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Site. In addition, we reserve the right to terminate your access to our Site for any reason, and to take any other actions that we, in our sole discretion, believe to be in our best interests and those of our users.
  1. You will be responsible for any harm we suffer as a result of your violation of these Terms and Conditions or any breach by you of your representations and warranties.
    You shall defend and indemnify La Vida Baseball and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties because of your use of this Site.
  1. We are an internet service provider and are not responsible for and do not necessarily hold the opinions expressed by our content contributors.
    Opinions and other statements expressed by users and third parties (e.g., bloggers and others who submit Content to this Site) are theirs alone, not opinions of this Site, La Vida Baseball and/or the National Baseball Hall of Fame. Content created by third parties is the sole responsibility of the third parties. You acknowledge that by providing you with the ability to view and distribute Content through our Site, we are not undertaking any obligation or liability relating to the Content. We and our affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our Site for inappropriate or unlawful Content.  We and our affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, we may block or remove communications, postings or materials at any time in our sole discretion.
  1. Our liability to you is limited.
    LA VIDA BASEBALL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS SITE.  IN NO EVENT SHALL LA VIDA BASEBALL OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY LA VIDA BASEBALL OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
  1. Your use of our Site is subject to certain disclaimers.
    LA VIDA BASEBALL AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS.  LA VIDA BASEBALL AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS SITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS.  LA VIDA BASEBALL WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS SITE OR THE LA VIDA BASEBALL COMPUTER SYSTEM.  THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  Each person assumes full responsibility and all risks arising from use of this Site or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays.  The information is presented “AS IS” and may include technical inaccuracies or typographical errors.  We expressly exclude all liability for any such inaccuracies or errors to the fullest extent permitted by law.  La Vida Baseball may make additions, deletions, or modifications to the information at any time without any prior notification.
  1. Any dispute between us will be governed by Illinois law.
    This Terms of Use and its performance shall be governed by the laws of the State of Illinois, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts with jurisdiction over Cook County, Illinois, United States of America, in all questions and controversies arising out of your use of this Site and this Terms of Use.

ENTIRE AGREEMENT.  This Terms and Conditions, together with those provisions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

How to Contact Us.  If you have any comments or questions, please do not hesitate to contact us.

Last Revised:  March 1, 2017