By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to The Baseball Bluebook LLC.
The Baseball Bluebook LLC is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The Baseball Bluebook app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Baseball Bluebook app won’t work properly or at all.
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app
You should be aware that there are certain things that The Baseball Bluebook LLC will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but The Baseball Bluebook LLC cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, The Baseball Bluebook LLC cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, The Baseball Bluebook LLC cannot accept responsibility.
With respect to The Baseball Bluebook LLC’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. The Baseball Bluebook LLC accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. The Baseball Bluebook LLC does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
2. Ways of providing consent (permission) to our use of your UGCWe will contact you on the relevant Third Party Platform, our Bluebook platform, or another platform, which provides Services, to ask for your explicit consent to use your Content. We will ask you to reply to us whether you are happy that we will use your UGC. You could provide us with your explicit consent in any form of words or symbols (emoji), which confirms you agree to allow us to use your UGC in Bluebook Media, for example, “yes”, “OK”, “Agree” and other similar words in any language, including emoji. You must respond directly to us within the same chat, thread or by private message in order to release the agreed UGC to us. If we do not receive your response within 7 days from the date we contacted you, we will assume that you do not consent to our use of your UGC and your UGC will not be used by us in any Bluebook Media.
3. By consenting to our use of your UGC, you agree to provide Bluebook with the license on the following terms and conditions
3.1. Licensed Parties. USERs retain ownership of USER’s UGC (but excluding any ownership related to Services). At the same time, USERs agree to grant a non-exclusive, worldwide license (as detailed below) to Bluebook and its executives, employees, related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, third-party service providers and their respective retail partners, marketing or public relations agencies and other affiliates, and all other users of the Services (the “Licensed Parties”).
3.2. License of UGC. Once USER allows us to use USER’s User Generated Content by providing us with the consent, USER irrevocably grants to the Licensed Parties the non-exclusive, assignable, sub-licensable, worldwide, perpetual, royalty-free, no-cost license and right to use and otherwise exploit USER’s User Generated Content, in whole or in part, and all USER social profile information, code, content, content descriptions, and other materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, including on the Internet, in any commercial manner, and in advertising and promotion of Bluebook and its products and services, throughout the world and in any and all languages without the requirement to make payment to you or to any third party or the need to seek any third party permission. The Licensed Parties will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses with no obligations to you, whether financial, credit, approval of changes or otherwise. USER hereby forever waives and relinquishes all so-called “moral rights” now or hereafter recognized (for example, to be named as the author or to protect the integrity of your UGC.). The Licensed Parties shall have and retain all right, title, and interest in and to the data resulting from such processing, including without limitation, encoding, compressing, formatting, and processing of audio and video data.
3.3. The License of Name and Likeness. USER also irrevocably grants the Licensed Parties the perpetual, royalty-free, and worldwide right to use their name, voice, likeness, image, photograph, biographical material, logos, marks or trade names, or other information provided or obtained (“Name and Likeness”), including without limitation, the right to publicly display, publicly perform, distribute, and reproduce the UGC, name, voice, likeness, social profile information and biographical material, in connection with the Services, the User Generated Content, in derivative works thereof, and in any advertising, publicity and exploitation material for purposes of advertising or promoting Bluebook, its products and/or services.
3.4. No fees or obligations to return. USER agrees that no money will be owing to any party as a result of the posting of the UGC or its use as contemplated by the Services and this Agreement or for any use, distribution, or other exploitation of the UGC or any rights therein, whether as part of the Services or otherwise. USER also agrees that the Licensed Parties shall not be responsible for the return or preservation of UGC submitted or any elements thereof. This permission is given to the Licensed Parties with the knowledge that it will be relied thereon at substantial cost to the Licensed Parties, and USER agrees not to assert any claim against the Licensed Parties of any nature whatsoever arising by reason of its use of such UGC.
3.5. Bluebook’s lack of Obligations. We reserve the right, but have no obligation, to take any legally available action that we deem appropriate, in our sole discretion, including, without limitation, editing, removing, deleting, taking down or otherwise erasing your UGC at any time without notice for any reason whatsoever.
3.6. Intellectual Property. You agree that all goodwill that arises in connection with your use of Bluebook’s trademarks inures exclusively to Bluebook and agree not to challenge Bluebook’s ownership or control of any Bluebook trademarks, nor use or adopt any trademarks that might be confusingly similar to such Bluebook trademarks. You acknowledge and agree that you do not acquire any ownership or other rights in property information and materials of Bluebook by authorizing the use of your UGC or otherwise using or accessing the Services. The Services, their parts may be protected by copyright, trademark, and other intellectual property laws. For purposes of certainty, USER may not make any commercial or any other use of the Services.
3.7. Non-Confidentiality of UGC. You agree that your UGC will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies.
4. Representations, warranties, and indemnity
4.1. READ AND AGREE. BY PROVIDING CONSENT TO USE YOUR UGC TO Bluebook, YOU REPRESENT AND WARRANT THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THAT YOU AGREE TO COMPLY WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. OTHERWISE, YOU AGREE NOT TO PROVIDE THE CONSENT TO USE YOUR UGC TO Bluebook.
4.2. Age of Majority and Authority. By providing your UGC to Bluebook, you represent and warrant that you are at least the age of majority in your country of residence (which is eighteen (18) in most countries) and you have the right to execute and fully perform this Agreement.
4.3. No Prohibited UGC Content. By providing your UGC to Bluebook, you represent and warrant that the UGC does not contain any Prohibited UGC content that:
4.3.1. is known by you to be false, inaccurate or misleading;
4.3.2. infringes any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
4.3.3. violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
4.3.4. is, or may reasonably be considered to be abusive, illegal, defamatory, libelous, indecent, hateful, racially or religiously biased or offensive, slanderous, indecent, obscene, pornographic, sexually explicit, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation in any way; or that encourages anyone to break any local, state, national or international law;
4.3.5. is or contains advertising, promotional material or promotes a product, service or other commercial activity;
4.3.6. that impersonates or attempts to impersonate Bluebook or any of its employees, another user, or person or entity (including, without limitation, the use of email addresses associated with any of the foregoing);
4.3.7. that includes any information that references other websites or personally identifiable information (e.g., first and last name, addresses, email addresses, contact information or phone numbers);
4.3.8. that contains any computer viruses, worms, Trojan horses, spyware or other potentially damaging technologies, computer programs or files or malicious code that could impact the operation of our Services or any computer or other device;
4.3.9. that contains any persons who have not consented or are unable to consent (whether due to being below the age of majority or otherwise incapable) to the Licensed Parties’ use of their Name and Likeness under clause above of this Agreement.
4.4. Name and Likeness of Others. By providing your UGC to Bluebook, you represent and warrant that you have obtained permission for you to use and for the Licensed Parties to use the personal data, Name and Likeness of any individuals contained in the UGC, in the same manner as to which you agreed under this Agreement. USER represents and warrants that USER has all the necessary rights, licenses, clearances and consents needed from third parties in order for you to submit UGC (including but not limited to all copyright and right of publicity and privacy rights) for USER to comply with the terms of this Agreement (for example, if someone has taken a video of you and your friend, and you submit that video to Bluebook as your UGC, then you must obtain your friend’s and the photographer’s permission to do so). We may require, at any time, proof of the permissions referred to above in a form acceptable to us. If you ever have reason to believe that you have not maintained any of these rights or obligations, you must provide immediate notice to Bluebook and contact us.
4.5. Original Work. USER hereby represents and warrants that his or her contribution to UGC are wholly original with USER and are not a copy or imitation of any other material; will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, publicity, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity; and are not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof.
4.6. Indemnity. USER agrees to indemnify, hold harmless, and defend the Licensed Parties from any claim or liability related in any way to this Agreement, your use of the Services, the Licensed Parties’ use of your UGC, or relating to any breach of any representation, warranty or covenant made by USER in this Agreement.
4.7. Liability. To the extent permitted by law, Bluebook accepts no liability for any damage, loss or injury suffered due to this Agreement.
5.2. Right to Modify. Bluebook reserves the right to modify this Agreement at any time without prior notice (“Updated Agreement”). You agree that we may notify you of the Updated Agreement by posting it on the Services so that it is accessible via a link on the Services, and that your use of the Services after we post the Updated Agreement (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Agreement. Therefore, you should review this Agreement on a regular and frequent basis. The Updated Agreement will be effective as of the time that Bluebook posts it on the Services or such later date as may be specified in it.
5.3. Notice. You must send any notice related to this agreement to Bluebook by [email protected]
5.4. Governing law. Any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the State of Missouri excluding its conflicts of law rules. You hereby consent to personal jurisdiction and venue in the state and federal courts located in Greene County, Missouri.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2020-07-09
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [email protected]