TERMS OF USE

Bay State Games Terms of Use Agreement

PLEASE READ THESE TERMS (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER MASSACHUSETTS AMATEUR SPORTS FOUNDATION, INC. SERVICE.
1. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS
Use of the Official Website of Massachusetts Amateur Sports Foundation, Inc. (this "Website"), and all products and services provided and/or distributed (whether via this Website or elsewhere) by the Massachusetts Amateur Sports Foundation (“MASF”) are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other MASF controlled products or services will be referred to herein collectively as the "MASF Digital Properties" and individually as an "MASF Digital Property." By using an MASF Digital Property, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the MASF Digital Properties.

Except for Submitted Content (defined below), the MASF Digital Properties are either owned by or licensed to MASF. The applicable owners and licensors retain all rights to the MASF Digital Properties, including, but not limited to, all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the MASF Digital Properties on any single device for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the MASF Digital Properties without first obtaining the written permission of MASF or otherwise as expressly set forth in the terms and conditions of the MASF Digital Properties. The MASF Digital Properties must not be used in any unauthorized manner.

In some instances, this Agreement and separate terms (e.g., an end user license agreement) will apply to the MASF Digital Properties. By using an MASF Digital Property, you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by such terms and conditions. When you submit personal information (e.g., full name and address) to an MASF Digital Property and/or to http://www.baystategames.org/ including any mobile version thereof or any successor site(s), you acknowledge and agree by acceptance of this Agreement that such personal information may be used in accordance with the Privacy Policy of the MASF Digital Properties.

You must not use the MASF Digital Properties, including but not limited to Community Features (defined below), to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of MASF 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 any of the MASF Digital Properties, imposes an unreasonable or disproportionately large load on any MASF Digital Property infrastructure or otherwise adversely affects, restricts or inhibits any other user from using any of the MASF Digital 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 or inappropriate, which constitutes hate speech or which adversely affects MASF business, or is otherwise objectionable in MASF's sole determination; (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 material of a commercial nature, including but not limited to advertising, promotions, "junk mail," "spam," "pyramid schemes," "chain letters" or solicitation of any kind; (vii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (viii) 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; (ix) use or attempt to use another's information, account, password, service or system except as expressly permitted; (x) 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 or debit card numbers; (xi) use automated scripts to collect information from or otherwise interact with the MASF Digital Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the applicable MASF Digital Properties.

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 MASF Digital 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 device except for personal and non-commercial use. No third party provider, including without limitation AP, will be held liable in any way to any user of an MASF Digital Property, or to any third party who may receive information in the Third Party Materials, 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 or occasioned by any of the foregoing.
2. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), MASF has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other MASF Digital Properties (the "Designated Agent"). All such notifications relating to this Website or the other MASF Digital Properties must be a written communication and must include the following information:
  1. A physical or electronic 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 at a single online site are covered by a single notification, a representative list of such works at that site.
  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 MASF to locate the material.
  4. Information reasonably sufficient to permit MASF to contact the complaining party, such as an address, telephone number, and/or 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.
  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.
Claims of infringement which include the above required information must be submitted via postal mail or email to MASF's Designated Agent as follows:
Designated Agent: Kevin Cummings
Full Address: Massachusetts Amateur Sports Foundation, Inc., 55 Sixth Road, Woburn, MA 01801
Telephone Number: (781) 932-3441
3. COMMUNITY FEATURES
The MASF Digital 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"). By transmitting your Submitted Content via any MASF Digital Property, you grant, and represent and warrant that you have the right to grant, to MASF a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.

You are solely responsible for your Submitted Content and must use the Community Features in a responsible manner. The MASF Digital Properties may also offer opportunities for you to transmit Submitted Content via third party social networking websites and products ("Third Party Social Networking Features"). Any use of Third Party Social Networking Features is subject to the then current terms of use of the applicable third party website or product 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 MASF Digital Properties, you may be asked to register an account by providing certain personal information such as your name and/or email address. The Privacy Policy of the MASF Digital Properties explains how we may collect and use such information. In consideration of your use of the applicable MASF Digital Properties, you agree (i) to provide accurate, current and complete information about yourself as may be prompted by any registration or other forms (collectively, "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 MASF; (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.

MASF and its third party providers ("Vendors") do not monitor, endorse, edit or screen your Submitted Content, although MASF and its Vendors reserve the right to do so, and neither MASF nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and your Submitted Content may be read, intercepted by others and widely accessible on the Internet and via other interactive media, and you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and MASF or between you and MASF's Vendors other than as expressly set forth in this Agreement. You acknowledge that MASF is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or you have all necessary rights in it to submit it to MASF under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If MASF determines, in MASF's sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, MASF reserves the right to (a) refuse to allow you to upload or otherwise transmit Submitted Content; (b) remove and delete your Submitted Content; (c) revoke your right to use any Community Features or other MASF Digital Properties; and/or (d) use any technological, legal, operational or other means available to MASF to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your account on any MASF Digital Property.

You are solely responsible for your interactions with other users of the MASF Digital Properties. You may use various features (e.g., the "Flag" within comments sections) of certain Community Features to report violators. We reserve the right, but have no obligation, to monitor disputes between you and other users.
4. LINKING
The MASF Digital Properties may contain links and pointers to other Internet sites and resources, including, without limitation, Third Party Social Networking Features. Links to and from the MASF Digital Properties from or to Third Party Social Networking Features and other websites or locations maintained by third parties do not constitute an endorsement by MASF or any other MASF Entity of any such third party website or content. MASF is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to the administrator of the applicable third party website or location.
5. DISCLAIMER OF WARRANTIES
  1. USE OF THE MASF DIGITAL PROPERTIES ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
  2. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY MASF AND/OR THE APPLICABLE VENDOR, THE MASF DIGITAL PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED THEREINARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  3. MASF DOES NOT WARRANT THAT: (1) THE MASF DIGITAL PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE MASF DIGITAL PROPERTIES WILL BE CORRECTED; (3) THE MASF DIGITAL PROPERTIESWILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE MASF DIGITAL PROPERTIES WILL BE ACCURATE OR RELIABLE.
6. LIMITATIONS ON LIABILITY
  1. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE MASF DIGITAL PROPERTIES OR ANY ACT OR FAILURE TO ACT BY MASF OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE MASF DIGITAL PROPERTIES.
  2. IN NO EVENT SHALL MASF BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES.
  3. IN NO EVENT SHALL MASF, ANY OTHER MASF ENTITY OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE MASF DIGITAL PROPERTIES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF MASF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF MASF IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF MASF, ANY OTHER MASF ENTITY OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE MASF DIGITAL PROPERTIES. IN NO EVENT SHALL MASF OR ANY OTHER MASF ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE MASF DIGITAL PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
7. INDEMNIFICATION
You hereby agree to indemnify and hold the MASF Entities harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (i) your use of the MASF Digital Properties purchased via the MASF Digital Properties; or (ii) any alleged breach of this Agreement by you. For purposes of this Agreement, the "MASF Entities" shall mean MASF directors, officers, employees and agents of MASF.
8. TERMINATION
MASF may change, suspend or discontinue any aspect of the MASF Digital Properties at any time, including the availability of any feature, database or content. MASF may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the MASF Digital Properties without notice or liability at any time in MASF's exclusive discretion, without prejudice to any legal or equitable remedies available to MASF, for any reason or purpose, including, but not limited to, conduct that MASF believes violates this Agreement or other policies or guidelines posted on the MASF Digital Properties or conduct which MASF believes is harmful to other customers, to MASF's business or to other information providers. In addition and without prejudice to any other remedy available to MASF, MASF may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by MASF in the MASF Digital Properties. This Agreement may also be immediately terminated at any time by MASF in its sole discretion.
9. ARBITRATION; CONSENT TO JURISDICTION IN MASSACHUSETTS; ATTORNEYS' FEES; TIME PERIOD LIMITATION FOR CLAIMS
  1. Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the MASF Digital Properties (including all commercial transactions conducted through the MASF Digital Properties) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and MASF waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Suffolk County, Massachusetts, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This arbitration provision shall survive termination of this Agreement.
  2. Subject to the limitations set forth below in this Section 11.B, the arbitrator shall have authority to award legal and equitable relief available in the courts of the Commonwealth of Massachusetts, provided that:
  3. The arbitrator shall not have authority to award punitive damages unless authorized to do so by statute; and
  4. Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and MASF agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
  5. For any Claims that are not subject to arbitration: (i) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Suffolk County, Massachusetts (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (ii) you and MASF waive any and all rights to trial by jury with respect to any Claims.
  6. In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section 11, or initiates a proceeding involving a Claim under Section 11.C other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this agreement to arbitrate and the Forum to which the parties have herein agreed.
  7. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide MASF with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
10. CHOICE OF LAW
Any and all Claims arising out of or related to this Agreement or to your use of any product or service distributed by MASF shall be governed by, and construed and interpreted in accordance with, the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles.
11. MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. MASF in its sole discretion may amend this Agreement, in which case we will post the amended Agreement within the MASF Digital Properties. Your use of the MASF Digital Properties after such amended Agreement is posted will constitute acceptance of it by you. MASF may be required to notify you of certain events concerning the MASF Digital Properties and your use thereof, and your use of the MASF Digital Properties constitutes acceptance that such notices will be effective upon our posting them on the applicable MASF Digital Properties or, if we elect in our sole discretion, emailing you at an address you have provided to us. Sections 5, 6, 7, 9, 10 and 13 of this Agreement will survive any termination or cancellation of this Agreement. MASF's performance under this Agreement is subject to applicable law and nothing contained herein is in derogation of MASF's right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the MASF Digital Properties or information provided to or gathered by MASF with respect to such use. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
12. ACCEPTANCE OF TERMS OF USE
BY USING AN MASF DIGITAL PROPERTY, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use any of the MASF Digital Properties. MASF may change the terms of this Agreement at any time, and your use of an MASF Digital Property after such change is posted will mean that you accept such change.

LAST UPDATED: FEBRUARY 26, 2020
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