Terms of Use Agreement
MLB Advanced Media, L.P. ("MLBAM"), on behalf of Camelback Spring Training, LLC ("Camelback Ranch") Camelback Ranch (MLBAM and Camelback Ranch, collectively, the "Providers"), is the organization that produces the Official Website of CamelbackRanchBaseball.com (this "Website"). Use of this Website and all products and services provided and/or distributed (whether via this Website or elsewhere) by Camelback Ranch are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other Camelback Ranch-controlled products or services or Camelback Ranch-operated interactive media locations, will be referred to herein collectively as the "Camelback Ranch Properties" and individually as a "Camelback Ranch Property." By using this Website or the other Camelback Ranch Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the Camelback Ranch Properties.
Except for Submitted Content (defined below), the Camelback Ranch Properties are either owned by or licensed to Camelback Ranch. The applicable owners and licensors retain all rights to the Camelback Ranch Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the Camelback Ranch Properties 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 Camelback Ranch Properties without first obtaining the written permission of Camelback Ranch or otherwise as expressly set forth in the terms and conditions of the applicable Camelback Ranch Properties. The Camelback Ranch Properties must not be used in any unauthorized manner. In some instances, this Agreement and a separate end user license agreement or similar agreement will apply to the Camelback Ranch Properties. By using this Website or the other Camelback Ranch Properties you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by the terms and conditions.
You must not use the Camelback Ranch Properties or Community Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of Camelback Ranch or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts this Website or the other Camelback Ranch Properties, imposes an unreasonable or disproportionately large load on this Website's or the other Camelback Ranch Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other Camelback Ranch Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent, inappropriate, constitutes hate speech, or which adversely affects Camelback Ranch business or is otherwise objectionable in Camelback Ranch's sole discretion; (iv) transmit, store or otherwise make available material which 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; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any information, software or other material of a commercial nature; (vii) transmit, store or otherwise make available material which contains advertising, promotions, "junk mail", "spam", "pyramid schemes", "chain letters" or solicitation of any kind; (viii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate players, management, employees of baseball, or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another's information, account, password, service or system except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit card numbers; (xii) use automated scripts to collect information from or otherwise interact with this Website or the other Camelback Ranch Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the Community Features (defined below).
Third party text, photo, graphic, audio and/or video material, including that provided by Associated Press ("AP") (collectively, the "Third Party Materials"), contained on or incorporated in the Camelback Ranch Properties shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. No third party provider, including without limitation AP, will 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 Third Party Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom 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.
2. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENTPursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), Camelback Ranch has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other Camelback Ranch Properties (the "Designated Agent"). All such notifications relating to this Website or the other Camelback Ranch Properties must be a written communication and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CBF to locate the material. D. Information reasonably sufficient to permit CBF to contact the complaining party, such as an address, telephone number, and/or electronic mail address. E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to CBF's Designated Agent as follows:Service Provider: Camelback Ranch - Glendale
Full Address of Designated Agent to Which Notification Should Be Sent:
10710 West Camelback Road
Phoenix, AZ 85037
623.302.5000
Facsimile Number of Designated Agent: 623-877-8582
E-mail Address of Designated Agent: contact@camelbackranchbaseball.com
The Camelback Ranch Properties may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material (collectively, the "Submitted Content") in connection with various features including, but not limited to, profiles, forums, bulletin boards, wiki, vanity email, auctions, contests, games, blogs, audio and/or video submissions, message boards, Q&A features and chat features (collectively, the "Community Features"). You are solely responsible for your Submitted Content and must use the Community Features in a responsible manner. The Camelback Ranch Properties may also offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material via third party social networking websites ("Third Party Social Networking Features") by means of applications or widgets appearing on or embedded within this Website. Any use of Third Party Social Networking Features on this Website is subject to the then current terms of use of the applicable third party website and not this Agreement, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.
In order to participate in Community Features and/or certain other Camelback Ranch Properties, you may be asked to register an account by providing certain personal information such as your name and/or email address. The Camelback Ranch Privacy Policy explains how such information may be collected and used. In consideration of your use of the applicable Camelback Ranch Properties, you agree (i) to provide accurate, current and complete information about yourself as may be prompted by any registration forms ("Registration Data"); (ii) to maintain the security of your password and identification; (iii) to maintain and promptly update Registration Data, and any other information you provide to Camelback Ranch, and to keep it accurate, current and complete; (iv) not to sell, transfer or assign your account; and (v) to be fully responsible for all use of your account and for any actions that take place using your account.From the "Visiting Camelback: Tickets" section of certain Camel Back Ranch Properties, you can, among other things, purchase tickets for Spring Training Baseball via locations other than this Website or the other Camel Back Ranch Properties (e.g., third party storefronts, including, without limitation, wireless carriers, online music and/or video download and streaming sites, video game console services, third party websites, etc.) (any and all such locations, collectively, "Third Party Sales Locations").
ALL PURCHASES ARE SUBJECT TO AVAILABILITY. CAMELBACK RANCH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY THIRD PARTY SALES LOCATION, ANY TICKETS, MERCHANDISE AND/OR SERVICES OFFERED BY ANY THIRD PARTY SALES LOCATIONS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE CAMELBACK RANCH PROPERTIES, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS, MERCHANDISE, TICKETS OR SERVICES.
Any and all tickets, services and other products, if any, offered via the Camelback Ranch Properties are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
Camelback Ranch reserves the right to modify the price of any Tickets, services or any other products (if any) offered via the Camelback Ranch Properties. Camelback Ranch is not responsible for any error in copy or images relating to Tickets, services or any other products (if any) offered via the Camelback Ranch Properties. Any offer to sell any, tickets, services or any other products (if any) offered via the Camelback Ranch Properties, may be discontinued at any time in Camelback Ranch's sole discretion.
The Services and any other applicable products offered via the Camelback Ranch Properties 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.