These terms of use (“Terms of Use”) are entered into between you and Baseball App LLC (“Ballplayer,” “we,” or “us”). The Terms of Use govern your access to and use of the Ballplayer website, https://ballplayer.io , and any other website, social media pages, apps, or other digital medium owned or operated by Ballplayer(the “Site”), including any content, functionality, services, contests, and products offered on or through the Site.
By using the Site, you consent to and agree to be bound by and comply with these Terms of Use. Ballplayer may terminate your ability to use the Site without notice if you do not comply with the Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Site.
Ballplayer reserves the right to make changes to the Site and to the Terms of Use at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms of Use means that you accept and agree to the changes.
All information Ballplayer collects on this Site is subject to our Privacy Notice posted at the Site. By accessing or using our Site or products, you also acknowledge having read our Privacy Notice, which contains details relating to our collection, use, and disclosure of your personal information.
All Site Content (as defined in Section 8 below) is current as of the date it is posted on the Site to the best of Ballplayer’s knowledge.
Ballplayer grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Site Content as an informative resource and to engage in transactions while using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Site Content without prior permission of Ballplayer is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks (as defined in Section 8 below) or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not:
For some aspects of our Site, you may need to register an account with us. It is a condition of your use of the Site that all information you provide is complete, current, and accurate. Ballplayer can terminate your registration at any time for any reason.
You are responsible for maintaining the confidentiality of your username and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify Ballplayer immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. Ballplayer reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Ballplayer’s opinion, you have violated any provision of these Terms of Use.
We do not knowingly collect personal information from minors under the age of thirteen (13) years without the consent of their parents or guardians. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors without such consent, upon proper notice, authority, and necessary confirmation of such, we will work to promptly delete this information.
Ballplayer may provide services through a mobile application (“App”), including an App developed for the Apple Inc. (Apple) and Alphabet Inc. (Android) mobile platforms. Apple Inc., and Alphabet Inc., are not responsible for the App or content. The App is an extension of the Site and is subject to these Terms of Use. The App may collect personal information from you. Please refer to our Privacy Notice for more information on how we handle such personal information.
Your use of any App shall be governed both by these Terms of Use and our Privacy Notice, and by any end user license agreement or other agreement specific to a particular App.
In order to use the App, your device must satisfy certain system requirements, as found on the Apple and Google app marketplaces. We and/or our licensors or service providers may, from time to time in our or their sole discretion, develop and provide App updates, which may include upgrades, modifications, supplements, or new versions of the App, including to distribute bug fixes, patches, other error corrections, and/or new features or feature improvements (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. However, neither Ballplayer nor our licensors or service provides have any obligation to provide any Updates or technical or end user support, or to continue to provide or enable any particular features or functionality. Ballplayer disclaims any and all liability relating to your failure to install any updates.
You are under no obligation to provide any reviews, comments, suggestions, ideas, feedback, and recommendations (“Feedback”) to us. By providing any Feedback to Ballplayer, you grant us and our service providers, and each of their and our licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, create derivative works, and otherwise disclose to third parties any such material for any purpose.
If you submit Feedback to us, you represent and warrant that:
We are not responsible or liable to any third party for the content or accuracy of any Feedback.
The Site and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“Site Content”) are the property of Ballplayer or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.
The Ballplayer name and related logos are trademarks and service marks (“Marks”) of Ballplayer. Ballplayer Marks may not be used without advance written permission of Ballplayer, including in connection with any product or service that is not provided by Ballplayer, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Ballplayer. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.
If you believe that any content on the Site violates your intellectual property rights, please notify Ballplayer as described in Section 9.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim by contacting our designated Copyright Agent at mvp@ballplayer.io or:
Copyright Agent
Baseball App LLC
11035 SW 11th Street Bldg B Ste 290
Beaverton, OR 97005
United States
Please see 17 U.S.C. § 512(c)(3) for the general requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may, at our sole discretion, limit access to the Site and/or terminate the account of any user who repeatedly infringes any intellectual property rights of others.
This Site may include content, including advertisements, provided by third parties or links that allow you to access websites or other online services that are owned and operated by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Ballplayer. Ballplayer is not responsible for the content or accuracy of any materials provided by any third parties, any products or services made available through third parties, or your use of or interaction with third parties.
Ballplayer may provide links to external web sites for the convenience of Site users. The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind. Ballplayer does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy notice for such Sites.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND TRANSACTIONS RELATED TO THE SITE ARE AT YOUR SOLE RISK. WHILE BALLPLAYER ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE IS PROVIDED ON AN “AS-IS” BASIS. BALLPLAYER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, BALLPLAYER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
TO THE EXTENT PERMITTED BY LAW, BALLPLAYER, ITS DIRECTORS, ITS CONTRACTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR MISUSE OF THIS SITE, ANY SITE FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS OF USE IS TO STOP USING THE SITE. BALLPLAYER WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.
BALLPLAYER’S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ITS CONTENTS WILL NOT EXCEED $100.
You agree to defend, indemnify and hold harmless Ballplayer, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third-party claims, expenses and fees (including reasonable attorneys' fees), arising from or relating to your violation of these Terms of Use or your use or misuse of the Site, including, but not limited to, your content and any use of the Site Content and services other than as expressly authorized in these Terms of Use.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree that a breach of these Terms of Use will cause irreparable injury to Ballplayer for which monetary damages would not be an adequate remedy and Ballplayer shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.
No waiver by Ballplayer of a term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Ballplayer to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of the Terms of Use will continue in full force and effect.
The Terms of Use constitute the sole and entire agreement between you and Ballplayer with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
These Terms of Use will remain in full force and effect while you use the Site. Even after you are no longer a user of the Site, those provisions of these Terms that by their nature are intended to survive will remain binding on you.
You agree that Ballplayer, in its sole discretion, may suspend or terminate your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Oregon will govern these Terms of Use and any disputes under them, without giving effect to any principles of conflicts of laws.
Any controversy or claim arising out of or relating to these Terms of Use shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Consumer Arbitration Rules then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Washington County, Oregon. Any arbitration award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one user cannot be arbitrated or litigated jointly or consolidated with those of any other user. You and Ballplayer will each bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith.
You are giving up the right to litigate a dispute with Ballplayer before a judge or jury. If a dispute arises, you must give Ballplayer written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If Ballplayer does not resolve the dispute within 45 days after receiving your notice, you may pursue arbitration by sending a written demand for arbitration to Ballplayer at the address listed in Section 22.
You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to Ballplayer at the address listed in Section 22 no later than 60 days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.
The Site may be accessed from countries other than the United States. The Site or services may only be available for use in certain international locations. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations. We make no representation that any part of the Site is appropriate or available for use in other locations. Users may not download, use, export, or re-export any Site Content on or through the Site in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations, and controls.
The Social Posts feature allows users to post photos and videos only; commenting or direct responses to posted content are not permitted.
You affirm that any information or content you post is accurate, not misleading, and in compliance with all applicable laws, regulations, and App policies.
Users are strictly prohibited from adding comments, captions, or textual feedback under another user’s post, outside of the standard post creation process. Attempts to circumvent this restriction (e.g., embedding text on images to imitate comments) may result in account suspension or termination.
By submitting a Social Post, you grant Baseball App LLC a non-exclusive, royalty-free, worldwide, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, and publicly display your photo or video in the normal course of operating and providing the Ballplayer services.
We reserve the right to remove or disable access to any posted content that violates this Social Posts Section, our general Terms, or applicable law. Baseball App LLC may do so at any time, without prior notice, and at its sole discretion.
You are solely responsible for the Social Posts you create and share. If you breach these Terms or otherwise violate any applicable laws, you may be subject to penalties, including but not limited to suspension or termination of your account.
While Ballplayer has implemented automated software to filter out adult or inappropriate content, no system is infallible. We do not guarantee that all harmful or objectionable content will be identified or removed. By using this feature, you acknowledge that you may still encounter content that violates this policy, and you agree that Ballplayer is not liable for any exposure to such content.
By creating Social Posts, you acknowledge and agree that certain metadata (e.g., timestamp, device information) may be collected by Ballplayer in accordance with our Privacy Policy.
Your Social Posts may be visible to all users of the App or a subset of users according to your privacy and account settings. Please review and configure your sharing preferences carefully.
Baseball App LLC reserves the right, but does not assume any obligation, to monitor Social Posts for compliance with this Social Posts Section and the general Terms.
We may suspend or terminate your access to the Social Posts feature or your entire Ballplayer account if you violate these Terms, our general Terms, or otherwise engage in conduct we determine to be unlawful or harmful to the App or other users.
If you find Social Posts that you believe violate this Social Posts Section, please use the in-app reporting feature or contact our support team at [Support Email].
Baseball App LLC does not guarantee the continuous or uninterrupted availability of the Social Posts feature. We reserve the right to modify, suspend, or discontinue the Social Posts feature at any time, for any reason, without prior notice.
Ballplayer is not liable for any user-generated content. You acknowledge and agree that any reliance on material posted via the Social Posts feature is at your own risk.
Baseball App LLC may update or modify this Social Posts Section at any time. We will provide notice of material changes via email, in-app notification, or other reasonable means. Your continued use of the Social Posts feature after the effective date of any changes constitutes your acceptance of those changes.
Ballplayer may contact you regarding these Terms of Use or the Privacy Notice using any contact information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive communications from Ballplayer, you can click on the “unsubscribe link” provided in such communications or contact us at the address below.
For all other feedback, comments, requests for technical support, and other communications relating to the Site, these Terms of Use, and the Privacy Notice, please contact us at mvp@ballplayer.io or by mail at:
Baseball App LLC
11035 SW 11th Street Bldg B Ste 290
Beaverton, OR 97005
The Effective Date of these Terms of Use is January 2024.