Terms & Conditions

Please carefully read these terms and conditions of use (the "Terms of Use") before using www.stohd.com, www.sportstimeohio.com and similarly owned sites (collectively the "Website"). Your access to and use of the Website is subject to the Terms of Use (including the Privacy Policy of the Website) and all applicable laws. By accessing and using the Website, 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 Website, 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 Website 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 you shall not use the Website.

OWNERSHIP AND RESTRICTIONS:

The Website is owned by Fastball Sports Productions, LLC d/b/a SportsTime Ohio (“SportsTime Ohio”) and operated by Radium Hosting, LLC ("Radium Hosting"). SportsTime Ohio, Radium Hosting and their respective operators, members, teams, affiliates, employees, directors, and officers shall be collectively referred to herein as the "Operators."

The Website is protected by copyright pursuant to United States copyright laws, international conventions and other copyright laws. The content and materials contained within the Website (including, without limitation, video, audio, photos, text, images, statistics, updated scores and results, logos and all copyrights and intellectual property related to the Website, SportsTime Ohio, SportsTime Ohio sponsors, licensees and other affiliates) (the "Content") are either owned by, or licensed to, SportsTime Ohio. The Content from the Website 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 Website for your personal entertainment, information, education, and communication. Please feel free to browse the Website. You may download one copy of each piece of material displayed on the Website 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 Website 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 Website in any manner is a violation of the Operators' copyright and other proprietary rights.

The word marks and logos of SportsTime Ohio and the Website are the exclusive property of SportsTime Ohio. All other word marks and logos (each, a "Trademark" and, collectively, the "Trademarks") appearing on the Website are Trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website in any manner without the express written permission of SportsTime Ohio. Any use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in the Terms of Use, is strictly prohibited.

Images of people or places displayed on the Website 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 Website. 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 Website 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 Website, 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 Website, 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 Website, 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 Website. 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 Website 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 Website (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 Website. You must use the Message Features in a responsible manner. By entering the Website, 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 Website's infrastructure, or otherwise restricts or inhibits any other user from using and enjoying the Website; (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 Website 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 Website. Although the Operators may from time to time monitor or review Messages submitted on the Website, 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 Website 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 Website, 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 Website 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 Website, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Website 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 Website 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 Website 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.

ELECTRONIC NEWSLETTER

By submitting your contact information to SportsTime Ohio, you consent to SportsTime Ohio’s use of your name, address, mobile or telephone number, date or birth or your e-mail address to send you information regarding products, services, promotions, special events or programming, or as entry to a contest or sweepstakes, to provide to third-parties, or to contact you. You may opt-out of receiving such email at any time by contacting Operators.

THE ONLINE STORE ("STORE") :

The Website 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 Website, 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 Website'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 @

VOTES:

The Website 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 Website applicable to that event as well as in the Terms of Use.

LINKS:

The following restrictions ("Linkage Restrictions") apply to all links to the Website 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 the Website 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 the Website 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 Website 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 the Website without the express written permission of SportsTime Ohio.

D. No link to the Website 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 Website from a Permissible Site must be to the Website's home page -- links to internal pages within the Website are not permitted.

F. The posting or creation of any link to the Website 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 Website, 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 Website. The Operators make no representation that the materials contained in the Website are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Website, you do so on your own initiative, and are responsible for compliance with all applicable laws.

THE MATERIALS IN THIS WEBSITE 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 WEBSITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE WEBSITE 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 WEBSITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE WEBSITE 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 WEBSITE, OR THE USE OR INABILITY TO USE THIS WEBSITE 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 WEBSITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS WEBSITE, IF ANY.

The Website may contain links and pointers to other World Wide Web sites, resources, and advertisers. Links to and from the Website 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 Website and are not responsible for the content of any off-site pages or any other sites linked to the Website. Your linking to the Website, 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 Website 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 Website, 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 Website or in connection with the Website. All of your business dealings with vendors and advertisers appearing on or through the Website shall be at your sole risk.

NOTICE:

The Operators may give notice to users of the Website by means of a general notice on the Website, 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:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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

NOTICE OF COPYRIGHT INFRINGEMENT:

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), SportsTime Ohio has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Website (the "Designated Agent"). All such notifications relating to the Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:

J. Jaredd Flynn, Esq

Thrasher, Dinsmore & Dolan
100 7^th Avenue, Suite 150

Chardon, OH 44024

To be effective, the notification must be a written communication that includes the following: (1) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works; (3) 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 the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; (5) 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; and (6) 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.

INDEMNIFICATION:

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 Website, 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 Website at any time with or without notice, including the availability of any Website 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 Website, or the entire Website, 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 Website 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 Website and destroy all materials obtained from it.

SOFTWARE:

Software and other materials from the Website 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 Website 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 Website 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 Website 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 Website 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 Website after such amendment is posted on the Website 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 Website, 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 Website. SportsTime Ohio may change the Terms of Use at any time and in any manner, and your use of the Website after such changes are posted shall be deemed to indicate your acceptance thereto.