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Terms of Use

Terms of Use Agreement

PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER CAMELBACK RANCH PRODUCT OR SERVICE.

Table of Contents

1. Introduction; General; Ownership; Prohibitions
2. Notice and Procedure for Making Claims of Copyright Infringement
3. User Accounts; Third Party Social Networking Features
4. Special Terms and Conditions Applicable to Donations, Sales of Memberships, Products and Services; Customer Service Contact Information
A. Price Modifications; Tickets Availability
B. Customer Service
C. Purchasing Price; Payment
5. Votes; Contests; Sweepstakes
6. Linking
7. Disclaimer of Warranties
8. Limitations on Liability
9. Indemnification
10. Termination
11. Choice of Law; Jurisdiction; Attorneys' Fees
12. Miscellaneous
13. Acceptance of Terms of Use
14. Notice for California Consumers

1. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS

MLB Advanced Media, L.P. ("MLBAM"), on behalf of Camelback Spring Training, LLC ("Camelback Ranch") Camelback Ranch (MLBAM and Camelback Ranch, collectively, the "Providers"), is the organization that produces the Official Website of CamelbackRanchBaseball.com (this "Website"). Use of this Website and all products and services provided and/or distributed (whether via this Website or elsewhere) by Camelback Ranch are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other Camelback Ranch-controlled products or services or Camelback Ranch-operated interactive media locations, will be referred to herein collectively as the "Camelback Ranch Properties" and individually as a "Camelback Ranch Property." By using this Website or the other Camelback Ranch Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the Camelback Ranch Properties.

Except for Submitted Content (defined below), the Camelback Ranch Properties are either owned by or licensed to Camelback Ranch. The applicable owners and licensors retain all rights to the Camelback Ranch Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the Camelback Ranch Properties on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Camelback Ranch Properties without first obtaining the written permission of Camelback Ranch or otherwise as expressly set forth in the terms and conditions of the applicable Camelback Ranch Properties. The Camelback Ranch Properties must not be used in any unauthorized manner. In some instances, this Agreement and a separate end user license agreement or similar agreement will apply to the Camelback Ranch Properties. By using this Website or the other Camelback Ranch Properties you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by the terms and conditions.

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

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 Camelback Ranch 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 computer except for personal and non-commercial use. No third party provider, including without limitation AP, will be held liable in any way to any Website user or to any third party or to any other person who may receive information in the Third Party Materials or to any other person whatsoever, 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 any of the foregoing or occasioned thereby.

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"), Camelback Ranch has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other Camelback Ranch Properties (the "Designated Agent"). All such notifications relating to this Website or the other Camelback Ranch Properties must be a written communication and must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. 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.

C. 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 CBF to locate the material.

D. Information reasonably sufficient to permit CBF to contact the complaining party, such as an address, telephone number, and/or electronic mail address.

E. 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.

F. 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, fax or e-mail to CBF's Designated Agent as follows:

Service Provider: Camelback Ranch - Glendale
Full Address of Designated Agent to Which Notification Should Be Sent:
10710 West Camelback Road
Phoenix, AZ 85037
623.302.5000
Facsimile Number of Designated Agent: 623-877-8582
E-mail Address of Designated Agent: contact@camelbackranchbaseball.com


3. USER ACCOUNTS; THIRD PARTY SOCIAL NETWORKING FEATURES

The Camelback Ranch 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"). You are solely responsible for your Submitted Content and must use the Community Features in a responsible manner. The Camelback Ranch Properties may also offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material via third party social networking websites ("Third Party Social Networking Features") by means of applications or widgets appearing on or embedded within this Website. Any use of Third Party Social Networking Features on this Website is subject to the then current terms of use of the applicable third party website 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 Camelback Ranch Properties, you may be asked to register an account by providing certain personal information such as your name and/or email address. The Camelback Ranch Privacy Policy explains how such information may be collected and used. In consideration of your use of the applicable Camelback Ranch Properties, you agree (i) to provide accurate, current and complete information about yourself as may be prompted by any registration forms ("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 Camelback Ranch, and to keep it accurate, current and complete; (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.



4. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION

From the "Visiting Camelback: Tickets" section of certain Camel Back Ranch Properties, you can, among other things, purchase tickets for Spring Training Baseball via locations other than this Website or the other Camel Back Ranch Properties (e.g., third party storefronts, including, without limitation, wireless carriers, online music and/or video download and streaming sites, video game console services, third party websites, etc.) (any and all such locations, collectively, "Third Party Sales Locations").

ALL PURCHASES ARE SUBJECT TO AVAILABILITY. CAMELBACK RANCH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY THIRD PARTY SALES LOCATION, ANY TICKETS, MERCHANDISE AND/OR SERVICES OFFERED BY ANY THIRD PARTY SALES LOCATIONS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE CAMELBACK RANCH PROPERTIES, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS, MERCHANDISE, TICKETS OR SERVICES.

Any and all tickets, services and other products, if any, offered via the Camelback Ranch Properties are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.

  • A. Price Modifications; Availability

    Camelback Ranch reserves the right to modify the price of any Tickets, services or any other products (if any) offered via the Camelback Ranch Properties. Camelback Ranch is not responsible for any error in copy or images relating to Tickets, services or any other products (if any) offered via the Camelback Ranch Properties. Any offer to sell any, tickets, services or any other products (if any) offered via the Camelback Ranch Properties, may be discontinued at any time in Camelback Ranch's sole discretion.

    The Services and any other applicable products offered via the Camelback Ranch Properties are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

  • B. Customer Service

    Should you have any questions about the purchase of Services via the Camelback Ranch Properties, please call Camelback Ranch Customer Service at 623-302-5000 or e-mail customerservice@website.camelbackranchbaseball.com.

  • C. Purchasing; Price; Payment

    In order to purchase, tickets, services or any other products (if any) via the Camelback Ranch Properties or via Third Party Sales Locations, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit card information and shipping address. The CamelbackRanchBaseball.com Privacy Policy explains how such information collected via the Camelback Ranch Properties may be collected and used by Camelback Ranch. With respect to Third Party Sales Locations, the privacy policy of any such Third Party Sales Location applies to the collection and use of your information by the operators and/or owners of such Third Party Sales Location. Your ability to purchase tickets, services and/or any other products (if any) offered via the Camelback Ranch Properties is subject to limits established by your credit card issuer. You must notify Camelback Ranch or the applicable Third Party Sales Location immediately of any change in your credit card information, including any change to your home address. Camelback Ranch or the Third Party Sales Location may bill your credit card at the time the services, merchandise, tickets or any other products offered via the Camelback Ranch Properties are ordered or shipped, and the appropriate Third Party Sales Location may bill your credit card at the time your tickets are ordered or shipped in accordance with such Third Party Sales Location's terms and conditions. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Camelback Ranch may in its sole discretion decline service to or terminate any account. Neither the Providers nor any operator of any Third Party Sales Location is responsible, and must not be held liable, for any breaches in transaction security by any third party. Information regarding sales taxes for tickets, products and/or services offered by any Third Party Sales Location will be provided by such Third Party Sales Location.


5. VOTES; CONTESTS; SWEEPSTAKES

This Website and other Camelback Ranch Properties may offer you opportunities to vote in connection with certain events and also to enter contests, sweepstakes and/or other promotions. By participating in any such event or promotion, you signify your agreement to all special terms set forth on this Website and/or the other applicable Camelback Ranch Properties applicable to the event as well as the terms of this Agreement.

6. LINKING

This Website and the other Camelback Ranch Properties may contain links and pointers to other World Wide Web sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from this Website and/or Camelback Ranch Properties from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties, do not constitute an endorsement by Camelback Spring Training, LLC, of any such third party website or content. The Providers are not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to this Website administrator or Webmaster of the applicable third-party website or location.

7. DISCLAIMER OF WARRANTIES

A. USE OF THIS WEBSITE, ALL OTHER CAMELBACK RANCH PROPERTIES AND THE PRODUCTS, TICKETS AND SERVICES INCLUDED HEREIN AND THEREIN ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY CAMELBACK RANCH, THIS WEBSITE, THE OTHER CAMELBACK RANCH PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO ALL PRODUCTS, TICKETS AND SERVICES ARE 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.

C. THE PROVIDERS DO NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER CAMELBACK RANCHPROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER CAMELBACK RANCHPROPERTIES, THE PRODUCTS,TICKETS, OR SERVICES (IF ANY) WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER CAMELBACK RANCHPROPERTIES, THE PRODUCTS, TICKETS, MERCHANDISE OR SERVICES (IF ANY) WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER CAMELBACK RANCH PROPERTIES, THE PRODUCTS, MERCHANDISE, TICKETS OR SERVICES (IF ANY) WILL BE ACCURATE OR RELIABLE.

8. LIMITATIONS ON LIABILITY

A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERM AND CONDITION OF THE CAMELBACK RANCH PROPERTIES OR ANY ACT OR FAILURE TO ACT BY THE PROVIDERS OR THEIR THIRD PARTY SERVICE PROVIDERS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.

B. IN NO EVENT SHALL THE PROVIDERS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS, MERCHANDISE, TICKETS OR SERVICES.

C. IN NO EVENT SHALL THE PROVIDERS OR ANY OF THEIR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE OR THE OTHER CAMELBACK RANCHPROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS, MERCHANDISE, TICKETS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE PROVIDERS HAVE 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 CAMELBACK RANCH IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE PROVIDERS OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE SERVICES OR THE OTHER CAMELBACK RANCHPROPERTIES IS $50.

D. IN NO EVENT SHALL THE PROVIDERS BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER CAMELBACK RANCH PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.

9. INDEMNIFICATION

You hereby agree to indemnify and hold the Providers harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of this Website, the other Camelback Ranch Properties, any products, tickets and/or services purchased via this Website or the other Camelback Ranch Properties or from any Third Party Sales Location; or (B) any alleged breach of this Agreement by you.

10. TERMINATION

Camelback Ranch may change, suspend or discontinue any aspect of this Website or the other Camelback Ranch Properties at any time, including the availability of any product, Ticket offering, Service, feature, database or content. Camelback Ranch may also impose limits on certain such products, Services and features or restrict your access to parts, or the entirety, of the Camelback Ranch Properties without notice or liability at any time in Camelback Ranch's exclusive discretion, without prejudice to any legal or equitable remedies available to Camelback Ranch, for any reason or purpose, including, but not limited to, conduct that Camelback Ranch believes violates this Agreement or other policies or guidelines posted on this Website or via the other Camelback Ranch Properties or conduct which Camelback Ranch believes is harmful to other customers, to Camelback Ranch's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by Camelback Ranch in its sole discretion. In addition and without prejudice to any other remedy available to Camelback Ranch, Camelback Ranch may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by Camelback Ranch in the Camelback Ranch Properties.

11. CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES

This Agreement will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within New York County, New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Camelback Ranch will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.

12. 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. Camelback Ranch in its sole discretion may amend this Agreement, and your use of this Website or the other Camelback Ranch Properties after such amendment is posted on this Website will constitute acceptance of it by you. Sections 7, 8, 9, 11, 12 and 13 of this Agreement will survive any termination or cancellation of this Agreement. 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.

13. ACCEPTANCE OF TERMS OF USE

BY USING THIS WEBSITE AND/OR THE OTHER CAMELBACK RANCH PROPERTIES, 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 this Website and/or the other Camelback Ranch Properties. Camelback Ranch may change the terms of this Agreement at any time, and your use of this Website and/or the other Camelback Ranch Properties after such changes are posted will mean that you accept them.

14. NOTICE FOR CALIFORNIA CONSUMERS

Under California Civil Code Section 1789.3, California users of this Website and the other Camelback Ranch Properties are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

LAST UPDATED: November 2, 2011.