Please carefully read these terms and conditions of use (the "Terms of Use") before using www.sportstimeohio.com (the "Site"). Your access to and use of the Site is subject to the Terms of Use (including the Privacy Policy of the Site) and all applicable laws. By accessing and using the Site, you signify your assent to the Terms of Use. The Terms of Use may be amended or modified at the sole discretion of the owner of this Site, Fastball Sports Productions, LLC d/b/a SportsTime Ohio, or new conditions may be imposed, at any time with or without notice. Any such changes or additions will be reflected by an update of this posting. Please check the Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to the Terms of Use (including the Privacy Policy) will mean you accept those changes. If you do not agree to the Terms of Use, please do not use the Site.
OWNERSHIP AND RESTRICTIONS:
www.sportstimeohio.com is owned by Fastball Sports Productions, LLC d/b/a SportsTime Ohio (“SportsTime Ohio”) and operated by Ohio Connect, LLC (“Ohio Connect”). SportsTime Ohio, Ohio Connect and their respective operators, members, teams, affiliates, employees, directors, and officers shall be collectively referred to herein as the "Operators."
The content and materials contained within the Site (including, without limitation, video, audio, photos, text, images, statistics, updated scores and results, logos and all copyrights and intellectual property related to the Site, SportsTime Ohio, SportsTime Ohio sponsors, licensees and other affiliates) (the "Content") are either owned by, or licensed to, SportsTime Ohio. The Content from the Site may not be reproduced, republished, uploaded, posted, transmitted, distributed, copied, publicly displayed or otherwise used in any manner, except as expressly provided in the Terms of Use, without the express written permission of SportsTime Ohio. The Operators maintain the Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download one copy of each piece of material displayed on the Site to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, prepare derivative works based upon, modify, transmit, reuse, repost, or use any materials of or from the Site for public or commercial purposes on any other website or otherwise without the express written permission of SportsTime Ohio. Modification of any materials displayed on the Site in any manner is a violation of the Operators' copyright and other proprietary rights.
The word marks and logos of SportsTime Ohio and www.sportstimeohio.com are the exclusive property of SportsTime Ohio. All other word marks and logos (each, a "Trademark" and, collectively, the "Trademarks") appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site in any manner without the express written permission of SportsTime Ohio. Any use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in the Terms of Use, is strictly prohibited.
Images of people or places displayed on the Site are either the property of, or used with permission by, the Operators. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by the Terms of Use or by express permission that is granted elsewhere on the Site. Any unauthorized use of the images may violate federal and state copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operators neither warrant nor represent that your use of materials displayed on the Site will not infringe upon the rights of third parties neither owned by nor affiliated with the Operators.
REGISTRATION FOR USE OF CERTAIN FEATURES:
In order to access certain features of the Site, you may be required to register with SportsTime Ohio by providing certain personally identifiable information about yourself, including your name, e-mail address and mobile telephone number. In consideration for our granting you access to these features of the Site, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested as and necessary for our provision of, and/or your registration for the use of, those features of the Site, subject to all applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or if SportsTime Ohio has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, SportsTime Ohio has the absolute right to suspend or terminate your password at any time and refuse you any and all current or future use of the Site. For information concerning how SportsTime Ohio collects and uses such information please see our Privacy Policy.
You may receive a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. The Operators are not responsible for any loss or damage arising as a result of your failure to comply with this Section.
MESSAGE FEATURES:
The Site may offer opportunities for you to send messages or postings in connection with various features including electronic mail, text messages, chats with special guests and forums to communicate with other users about various sports featured on the Site (each a "Message Feature" and, collectively, the "Message Features"). In order to participate in any Message Feature, you may be required to provide accurate and complete personal information consisting of your name, telephone number (e.g., home, work mobile and/or fax) and e-mail address, which shall be collected pursuant to the Privacy Policy of the Site. You must use the Message Features in a responsible manner. By entering the Site, you expressly agree to not transmit any message in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Site's infrastructure, or otherwise restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, federal and state copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; and/or (ix) contains material irrelevant to the subject matter of the Message Feature.
The Operators shall have the absolute right, but not the obligation, to review, edit or delete any Message transmitted in any Message Feature that: (i) violates any term of the Terms of Use; and/or (ii) is otherwise illegal, offensive or inappropriate. The decision regarding whether a Message is offensive or inappropriate shall be within the sole discretion of the Operators. Depending on the nature of the violation, the Operators shall have the sole discretion to terminate your access to the Site at any time. Please be advised that the Operators will fully cooperate with any law enforcement authorities or court order requesting or directing the Operators to disclose personal information of anyone who submits a Message that violates the foregoing terms in accordance with the Privacy Policy of the Site. Although the Operators may from time to time monitor or review Messages submitted on the Site, the Operators are under no obligation to do so and assume no responsibility or liability that may result from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature does not constitute approval or endorsement by the Operators.
Messages submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and nonproprietary. By submitting a Message to the Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators other than as expressly set forth in the Terms of Use; and (iv) is subject to the grant of Rights to the Operators described below.
SUBMISSIONS:
By transmitting any Message or submitting creative ideas, concepts, know-how, techniques, suggestions or materials (each, a "Submission" and, collectively, "Submissions"), you are granting SportsTime Ohio a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, "Rights"). This means that anything submitted by you on or to the Site will be owned exclusively by SportsTime Ohio and may be used by the Operators for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, whether solicited or unsolicited, shall become and remain the exclusive property of SportsTime Ohio. The Operators shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent.
A. Solicited Submissions: At times, the Operators may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submission. Providing information in response to such a solicitation is a grant by you to the Operators of the Rights described above.
B. Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Site and SportsTime Ohio, it is SportsTime’s policy not to accept or consider any Submissions that are unsolicited. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by the Operators might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions via the Site or otherwise; we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future SportsTime Ohio designs, products, programs or otherwise. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of SportsTime Ohio. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operators of the Rights described above.
THE ONLINE STORE ("STORE") :
The Site may provide a Store that allows you to order products (the "Merchandise") online, supplied by independent merchandise vendors (each, a "Vendor" and, collectively, the "Vendors"). ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. OPERATORS EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE MERCHANDISE. The Operators reserve the right to modify the price of any Merchandise. The Operators are not responsible for any error in copy or images relating to Merchandise. In order to purchase merchandise on the Site, you must provide complete and accurate personal information consisting of your name, address, telephone number (e.g., home, work mobile and/or fax), e-mail address, credit card information and shipping address. (The Site's Privacy Policy explains how such information may be collected and used.) Your ability to purchase merchandise is subject to limits established by your credit card issuer. SportsTime Ohio may bill your credit card at the time merchandise is ordered or shipped. Any special order or customized/personalized products will be billed immediately after the order is received. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. SportsTime Ohio may in its sole discretion decline service to or terminate any account. Neither the Vendors nor the Operators are responsible for and must not be held liable for any breaches in transaction security by any third party. Questions relating to the Store, Merchandise and its fulfillment should be directed to the customer service by e-mail @ info@sportstimeohio.com.
VOTES:
The Site may offer you opportunities to vote in connection with certain events. By casting a vote, you signify your agreement to all special terms and voting guidelines set forth on the Site applicable to that event as well as in the Terms of Use.
COPYRIGHT; TRADEMARK:
The Site is protected by copyright pursuant to United States copyright laws, international conventions and other copyright laws. All materials contained on the Site are protected by copyright and are owned or controlled by SportsTime Ohio or the party credited as the provider of the content. Copying or storing any part of the Site is expressly prohibited without prior written permission from SportsTime Ohio or the copyright holder as identified on the Site.
SportsTime Ohio, STO, SportsTime, and other service marks, trademarks and logos displayed on the Site (“SportsTime Ohio Trademarks”) are the property of SportsTime Ohio or its licensors. You agree not to display any such SportsTime Ohio Trademarks in any manner.
LINKS:
The following restrictions ("Linkage Restrictions") apply to all links to the Site from any on-line, cable, wireless or other website, service or browser:
A. On-line, cable, wireless or other websites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Pepsi) or service (e.g., Internet service providers or ticket sellers) (each, a "Commercial Site" and, collectively, "Commercial Sites") may not link to www.sportstimeohio.com without the written permission of SportsTime Ohio, even if the page/area where the link originates does not promote a product, brand or service.
B. Websites, services or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engine sites, widely available Internet browsers) (each, a "Permissible Site" and, collectively, "Permissible Sites") may link to www.sportstimeohio.com without the express written permission of SportsTime Ohio if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "www.sportstimeohio.com," "The Official Site of SportsTimeOhio"); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
C. The SportsTime Ohio Trademarks may not be used as or to link to www.sportstimeohio.com without the express written permission of SportsTime Ohio.
D. No link to the Site may be "framed" by the Permissible Site where the link originated if such "frame" contains any sponsorship, advertising or other commercial text or graphics.
E. All links to the Site from a Permissible Site must be to the Site's home page -- links to internal pages within the Site are not permitted.
F. The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms.
DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY :
While the Operators use reasonable efforts to include accurate and up to date information on the Site, the Operators make no warranties or representations as to its accuracy. The Operators assume no liability or responsibility for any errors or omissions in the content of the Site. The Operators make no representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site, you do so on your own initiative, and are responsible for compliance with all applicable laws.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATORS AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.
The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operators or any affiliate of any third party site or content. The Operators are not responsible for the availability of these third party resources, or their contents. The Operators have not reviewed any or all of the sites linked to the Site and are not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of the Operators. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operators with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the Operators shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site. All of your business dealings with vendors and advertisers appearing on or through the Site shall be at your sole risk.
NOTICE:
The Operators may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user's e-mail address if on record, text message to a user's mobile telephone if on record, or by written communication sent by first class mail to a user's address if on record. You may give notice to the Operators (such notice shall be deemed given when received) by any of the following means:
Electronic mail: info@sportstimeohio.com.
Letter delivered by first class postage prepaid mail or courier to SportsTime Ohio at the following address:
Fastball Sports Productions, LLC d/b/a SportsTime Ohio
1333 Lakeside Avenue
Cleveland, Ohio 44114
IDEMNIFICATION:
You hereby agree to indemnify and hold the Operators and each of their respective members, operators, directors, officers, employees, shareholders, agents, affiliates and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of the Site, including, without limitation, use of any Message Feature or the Store; and (ii) any breach or alleged breach of the Terms of Use.
TERMINATION OF SERVICE:
The Operators may, in their sole discretion, change, suspend or discontinue any aspect of the Site at any time with or without notice, including the availability of any Site feature, database, or content. The Operators may also cancel your registration password, or impose limits on certain features and services or restrict your access to parts of the Site, or the entire Site, with or without notice, and without liability, at any time, in the Operators' exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates the Terms of Use or other policies or guidelines posted on the Site or conduct which the Operators believe is harmful to other customers, to the Operators' respective businesses, or to other information providers. Upon any termination of this agreement, you immediately discontinue your use of the Site and destroy all materials obtained from it.
SOFTWARE:
Software and other materials from the Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Operators do not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.
CHOICE OF LAW:
The Terms of Use shall be construed and controlled by the laws of the State of Ohio, United States of America. Further, any disputes relating to the Terms of Use or anything contained on the Site will be governed by the laws of the State of Ohio, United States of America, without regard to its principles of conflicts of laws. Any claim relating to the Terms of Use or the Site shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the Cuyahoga County, Ohio, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. The Operators will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of the Terms of Use.
MISCELLANEOUS:
The Terms of Use constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operators. The Operators in their sole discretion may amend the Terms of Use, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in the Terms of Use are for convenience only and must not be given any legal import. If any provision of the Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
ACCEPTANCE OF TERMS OF USE:
By using the Site, you signify your agreement to the Terms of Use in their entirety. If you do not agree with the terms included herein, you must not use the Site. SportsTime Ohio may change the Terms of Use at any time and in any manner, and your use of the Site after such changes are posted shall be deemed to indicate your acceptance thereto.