Terms of Service
Pitch Media L.L.C.
Universal Terms of Service for Software and Services
This Agreement ("Agreement") is by and between Pitch Media L.L.C. and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of your acceptance to these terms. This Agreement sets forth the terms and conditions of Your use of Pitch Media L.L.C. software (“Software”) and services (“Services”) and explains Pitch Media L.L.C.’s obligations to You and Your obligations to in relation to the Software and Services You purchase or use.
The General Terms in Section A apply to all users of this website.
A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES
1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that Pitch Media L.L.C. may modify this Agreement and the Services from time to time. You agree to be bound by any changes Pitch Media L.L.C. may reasonably make to this Agreement when such changes are made.
2. PRIVACY.
We will not give any information about you to others without your express permission.
Our site uses forms in which your coach or site administrator inputs contact information (your name, address, daytime telephone number, and email address) so you can be contacted in case of an emergency. Under no circumstances will we give this information out to anyone unless expressly authorized by you or as required to satisfy any law, regulation or government request.
3. ACCOUNT SECURITY.
You agree You are entirely responsible for maintaining the confidentiality of Your username and login password (collectively, the "Account Access Information"). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Pitch Media L.L.C. immediately of any unauthorized use of Your account or any other breach of security. You agree Pitch Media L.L.C. will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Pitch Media L.L.C. specifically disclaims liability for any activity in Your account, whether authorized by You or not.
4. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of Your use of Pitch Media L.L.C.’s Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements.
Pitch Media L.L.C. reserves the right at all times to disclose any information as Pitch Media L.L.C. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pitch Media L.L.C.'s sole discretion.
Pitch Media L.L.C. reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Pitch Media L.L.C. or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Pitch Media L.L.C. may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.
5. RIGHT TO MONITOR AND EDITORIAL CONTROL.
Pitch Media L.L.C. reserves the right, but does not have an obligation, to monitor and/or to review all materials posted to the Web Site or through the Web Site’s services or features by users, and that Pitch Media L.L.C. is not responsible for any such materials posted by users. Pitch Media L.L.C. is not responsible for any failure to monitor, review and/or delete any materials posted to the Web Site or through the Web Site’s services or features by users. However, Pitch Media L.L.C. reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Pitch Media L.L.C. ’s sole discretion, are objectionable or in violation of these Terms and Conditions, Pitch Media L.L.C. ’s policies or applicable law or for any reason whatsoever. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in our Terms and Conditions or in violation of applicable law, or for any other reason without notice or liability.
6. INTELLECTUAL PROPERTY.
You agree that Pitch Media L.L.C. holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You agree that PItch Media retains ownership of all source code written for this website. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.
7. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
8. LIMITATION OF LIABILITY.
THE USE OF THIS WEB SITE AND THE CONTENT IS AT YOUR OWN RISK AND THE Pitch Media L.L.C. ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEB SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION. IN NO EVENT SHALL Pitch Media L.L.C. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Pitch Media L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Pitch Media L.L.C.’s liability is limited to the full extent permitted by law. You agree that in no event shall Pitch Media L.L.C.’s maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased DIRECTLY from Pitch Media L.L.C..
9. DISCLAIMER OF WARRANTIES.
Pitch Media L.L.C. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. Pitch Media L.L.C. makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free or that defects will be corrected. Pitch Media L.L.C. does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.
10. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Pitch Media L.L.C. and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with Pitch Media L.L.C. whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from Pitch Media L.L.C. or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Pitch Media L.L.C. harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Pitch Media L.L.C. be notified of a pending law suit, or receive notice of the filing of a law suit, Pitch Media L.L.C. may seek a written confirmation from You concerning Your obligation to indemnify Pitch Media L.L.C.. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Pitch Media L.L.C. shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Pitch Media L.L.C. of any such claim promptly in writing and to allow Pitch Media L.L.C. to control the proceedings. You agree to cooperate fully with Pitch Media L.L.C. during such proceedings.
You agree to cooperate fully with Pitch Media L.L.C. during such proceedings. You agree You will not be entitled to a refund of any fees paid to Pitch Media L.L.C. if, for any reason, Pitch Media L.L.C. takes corrective action with respect to Your improper or illegal use of its services. You also agree that if Pitch Media L.L.C. is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with Pitch Media L.L.C., that Pitch Media L.L.C., in its sole discretion, may take whatever action Pitch Media L.L.C. deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
11. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This agreement shall be deemed entered into in the State of Louisiana. Except for disputes concerning the user of a domain name registered with Pitch Media L.L.C., You agree that the laws and judicial decisions of Calcasieu Parish, Louisiana, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Calcasieu Parish, Louisiana. For the adjudication of disputes concerning the use of any domain name registered with Pitch Media L.L.C., You agree to submit to jurisdiction and venue in Calcasieu Parish - state of Louisiana.
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
12. USE OF PHOTOGRAPH/LIKENESS
You specifically grant to Pitch Media L.L.C. permission to display images of you and/or your player that are submitted by you or submitted by your Bullet Baseball coach or by the administrator of this website or the developers of this website, in whole or in part; use, in whole or in part, your name, likeness, photograph submitted by you, your Bullet Baseball coach, parents or players of the Bulletbaseball or BSA organization, administrator of the website, or developer of this website in a manner as to promote this organization and/or website. You grant this permission without any compensation of any kind at any time. Your image may be displayed in the body of the webpages or in the top banner graphic of this website.
For sake of clarity, by virtue of the above grant, you also give Pitch Media L.L.C. permission to copy your Image as part of the normal backup process and/or to archive the Image.
13. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and Pitch Media L.L.C. regarding the Services contemplated herein.
14. SEVERABILITY.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
15. WAIVER.
The failure of Pitch Media L.L.C. to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Pitch Media L.L.C. thereafter to enforce such provisions.
16. FORCE MAJEURE.
Pitch Media L.L.C. will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Pitch Media L.L.C. liable for any of the consequences of such interruptions.