Use of the ScoreMonster.com, which encompasses ScoreMonster.net, Score-Monster.com and Score-Monster.net, (collectively, this "Website") and all products and services provided and/or distributed (whether via this Website or elsewhere) by ScoreMonster, LLC. ("DaVinci") are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other DaVinci-controlled products or services or DaVinci-operated interactive media locations will be referred to herein collectively as the "DaVinci Properties" and individually as an "DaVinci Property." By using this Website or the other DaVinci 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 DaVinci Properties.
Except for Submitted Content (defined below), the DaVinci Properties are either owned by or licensed to DaVinci. The applicable owners and licensors retain all rights to the DaVinci Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the DaVinci 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 DaVinci Properties without first obtaining the written permission of DaVinci or otherwise as expressly set forth in the terms and conditions of the DaVinci Properties. The DaVinci 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 DaVinci Properties. By using this Website or the other DaVinci 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 DaVinci Properties or Community Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of DaVinci 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 DaVinci Properties, imposes an unreasonable or disproportionately large load on this Website's or the other DaVinci Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other DaVinci 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 DaVinci business or is otherwise objectionable in DaVinci'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 DaVinci Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of any 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 DaVinci 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.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), DaVinci has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other DaVinci Properties (the "Designated Agent"). All such notifications relating to this Website or the other DaVinci Properties must be a written communication and must include the following information:
Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to ScoreMonster's Designated Agent as follows:
DaVinci and its third-party providers ("Vendors") do not monitor, endorse, edit or screen your Submitted Content, although DaVinci and its Vendors reserve the right to do so, and neither DaVinci nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that 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 DaVinci or between you and DaVinci's Vendors other than as expressly set forth in this Agreement. You acknowledge that DaVinci 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 that you have all necessary rights in it and to submit it to DaVinci 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 DaVinci determines, in DaVinci's sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, DaVinci reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use this Website, the Community Features and/or the other DaVinci Properties; and/or (d) use any technological, legal, operational or other means available to DaVinci to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this Website, the Community Features or on the other DaVinci Properties.
You are solely responsible for your interactions with other users of the DaVinci Properties. You may use various features (e.g., the "Report Violation" feature in the Options menu button within a Discussion string on our Message Boards or the "Report any abuse or spam" hotlink within a blog or comment section within MBAlogs) of certain Community Features to report violators. We reserve the right, but have no obligation, to monitor disputes between you and other users.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to DaVinci 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.
The ScoreMonster.com Shop allows you to order products supplied by independent merchandise Vendors. ScoreMonster.com Auctions allows you to purchase merchandise through an auction process. Products purchased via the ScoreMonster.com Shop and ScoreMonster.com Auctions are collectively referred to herein as "Merchandise." Via certain DaVinci Properties, you can subscribe to or download audio, video and audiovisual content, fantasy and other games and other products and services (collectively, "Services"). In addition, you can buy DaVinci products and services from locations other than this Website or the other DaVinci Properties (e.g., via 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.) (collectively, "Third Party Sales Locations").
ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. DaVinci EXPRESSLY DISCLAIMS 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 DaVinci 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.
The Services and all other products offered via the DaVinci 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.
DaVinci reserves the right to modify the price of any Merchandise, Services or any other products offered via the DaVinci Properties. DaVinci is not responsible for any error in copy or images relating to Merchandise, Services or any other products offered via the DaVinci Properties. Any auction or offer to sell any Merchandise, Services or any other products offered via the DaVinci Properties, may be discontinued at any time in DaVinci's sole discretion.
With respect to Merchandise offered and/or sold via the MBA.com Shop, we cannot confirm the price or availability of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process (with the exception of any special order or customized/personalized products, which will be billed immediately after the order is received). Despite our best efforts, a small number of the items in the MBA.com Shop or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following:
The Services and any other applicable products offered via the DaVinci 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.
Should you have any questions about the purchase of Merchandise via the DaVinci Properties, please contact ScoreMonster.com Customer Service via e-mail email@example.com.
Should you have any questions about the purchase of Services via the DaVinci Properties, please contact ScoreMonster.com Customer Service via e-mail firstname.lastname@example.org.
Should you have any questions about the purchase of downloadable mobile or wireless products via the mobile DaVinci Properties, please contact ScoreMonster.com Customer Service via e-mail email@example.com.
By purchasing any Merchandise, Services or any other products offered via the DaVinci Properties, you acknowledge and agree that your credit card is being charged by the payment processor of DaVinci or its Vendor, the operator of such product or service. For purposes of this Agreement, such payment processor will be referred to as a "Vendor."
By utilizing a credit or debit card for purchase of any Services or any other applicable products offered via the DaVinci Properties, you authorize DaVinci to charge such card on the periodic basis as specified (e.g., once per month for monthly Services) in the amount described on the applicable Service or Services' purchase path(s).
For certain purchases of Merchandise or Services made via the DaVinci and/or Vendor-operated DaVinci Properties, DaVinci is required to collect sales tax. In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from the DaVinci Properties are not exempt from sales or use taxes simply because they are made from the Internet or because DaVinci is not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including whether the seller is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by DaVinci and certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected directly by DaVinci in connection with a purchase that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.
For Oklahoma purchasers, applicable use tax on purchases made via the DaVinci Properties may be reported and paid on an Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov.
For certain Services billed on a monthly basis, the term begins when you purchase and ends on October 31 of that year, with monthly billing during each month of March-October at the then prevailing monthly rate. Your subscription will automatically renew annually approximately March 1 each year at the previous year's regular full monthly price, unless you signified otherwise in accordance with the applicable instructions. In the event DaVinci discontinues or significantly alters a Service that you have purchased with monthly automatic renewal, DaVinci shall notify you via the email address provided at purchase of such cancellation and may provide information about similar or new Services available via the DaVinci Properties. To cancel your monthly subscription or the annual automatic renewal feature, send an e-mail to firstname.lastname@example.org. Cancellation will become effective as of the next monthly billing cycle following receipt.
For Services billed on a yearly basis, the term begins when you purchase and ends on the last day of February of the next year, with one-time billing immediately following your purchase. Your subscription will automatically renew annually approximately March 1 each year at the previous year's regular full yearly price, unless (1) you signified otherwise in accordance with the applicable instructions or (2) DaVinci discontinues or significantly alters the Service prior to the start of the applicable subscription Service renewal period. In the event DaVinci discontinues or significantly alters a Service that you have purchased with annual automatic renewal, DaVinci shall notify you via the email address provided at purchase of such cancellation and may provide information about similar or new Services available via the DaVinci Properties. To cancel the annual automatic renewal feature, send an e-mail to email@example.com.
In order to provide the highest customer satisfaction possible, DaVinci will refund the purchase price paid for a subscription offered via this Website if a refund request is made to the e-mail address provided immediately above and below within five (5) days of your subscription purchase date.
Of course, should you wish to cancel your subscription at any time, you may contact ScoreMonster.com Customer Support via e-mail at firstname.lastname@example.org. If such cancellation occurs on any date following the fifth (5th) day after your purchase date, then your cancellation will be effective as follows:
In no event will DaVinci provide pro-rated refunds.
By accepting this Agreement, you agree that DaVinci may notify you about changes to prices and/or Services by sending an e-mail message to your e-mail address on file with DaVinci and by publishing such notices from time to time on the informational page(s) of the DaVinci Properties applicable to the Services. It is your responsibility to notify DaVinci of any change in your e-mail address by logging in to the applicable DaVinci Property and using the online account management tool. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list.
Programming, pricing, terms and conditions of Services and other products offered via the DaVinci Properties are subject to availability and change. Certain Services offered via this Website and/or other DaVinci Properties may be governed by an end user license agreement or similar agreement with different terms and conditions than are contained in this Agreement, including different refund policies. Please refer to the terms and conditions of such Services and/or DaVinci Properties to determine the policies applicable for such other DaVinci Properties. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service or DaVinci Property, the terms and conditions of the applicable Service or DaVinci Property will govern.
Subscription activation for Services and other products offered via the DaVinci Properties, and subsequent ability to access Services and other products offered via the DaVinci Properties, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by DaVinci (e.g., your IP address). Scheduled games may be cancelled or substituted when necessary.
SHARING OF PASSWORDS TO ANY SERVICE, PRODUCT OR THE DaVinci PROPERTIES IS STRICTLY FORBIDDEN. IN ADDITION TO THE RIGHTS AND REMEDIES AVAILABLE TO DaVinci AS SET FORTH IN THE PREVIOUS PARAGRAPH, DaVinci RESERVES THE RIGHT TO CHARGE USERS THE FULL SUBSCRIPTION FEE FOR EACH INDIVIDUAL WITH WHOM THE USER HAS SHARED HIS/HER PASSWORD.
This Website and other DaVinci Properties may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms set forth on this Website and/or the other applicable DaVinci Properties applicable to the event as well as the terms of this Agreement.
This Website and the other DaVinci 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 DaVinci 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 DaVinci or any other DaVinci Entity of any such third party website or content. DaVinci 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 website administrator or Webmaster of the applicable third-party website or location.
USE OF THIS WEBSITE, ALL OTHER DAVINCI PROPERTIES AND THE PRODUCTS, MERCHANDISE, TICKETS AND SERVICES, INCLUDED HEREIN AND THEREIN, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY DaVinci AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER DaVinci PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO, ALL PRODUCTS, MERCHANDISE, 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.
DAVINCI DOES NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER DaVinci PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER DaVinci PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER DaVinci PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER DaVinci PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE ACCURATE OR RELIABLE.
NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE DAVINCI PROPERTIES OR ANY ACT OR FAILURE TO ACT BY DAVINCI OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.
IN NO EVENT SHALL DaVinci 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.
IN NO EVENT SHALL DAVINCI, ANY OTHER DAVINCI 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 THIS WEBSITE OR OTHER DAVINCI PROPERTIES 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 DAVINCI 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 DAVINCI IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF DAVINCI, ANY OTHER DAVINCI ENTITY OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE, THE SERVICES OR THE OTHER DAVINCI PROPERTIES IS $50.
IN NO EVENT SHALL DAVINCI OR ANY OTHER DAVINCI ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER DAVINCI PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
You hereby agree to indemnify and hold the DaVinci Entities 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 DaVinci Properties, the products, Merchandise and/or Services purchased via this Website or the other DaVinci Properties; or (B) any alleged breach of this Agreement by you.
DaVinci may change, suspend or discontinue any aspect of this Website or the other DaVinci Properties at any time, including the availability of any product, Merchandise offering, Service, feature, database or content. DaVinci may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the DaVinci Properties without notice or liability at any time in DaVinci's exclusive discretion, without prejudice to any legal or equitable remedies available to DaVinci, for any reason or purpose, including, but not limited to, conduct that DaVinci believes violates this Agreement or other policies or guidelines posted on this Website or via other DaVinci Properties or conduct which DaVinci believes is harmful to other customers, to DaVinci's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by DaVinci in its sole discretion. In addition and without prejudice to any other remedy available to DaVinci, DaVinci may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by DaVinci in the DaVinci Properties.
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. DaVinci 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.
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. DaVinci in its sole discretion may amend this Agreement, and your use of this Website or the other DaVinci 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.
BY USING THIS WEBSITE AND/OR THE OTHER DaVinci 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 DaVinci Properties. DaVinci may change the terms of this Agreement at any time, and your use of this Website and/or the other DaVinci Properties after such changes are posted will mean that you accept them.
Under California Civil Code Section 1789.3, California users of this Website and the other DaVinci 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: June 24, 2015