Terms and Conditions | Batbox USA | Baseball Simulators
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Terms and Conditions

BATBOX TERMS AND CONDITIONS AGREEMENT.

 

YOUR ACKNOWLEDGEMENT OF THE TERMS AND CONDITIONS

By accessing BATBOX Website you, the user, acknowledge and confirm that you have read, understood, and agree to the following terms and conditions of use. Furthermore, you agree to be bound by all applicable laws as well as any other applicable rules and conditions. If you do not understand or agree with these terms and conditions, you must stop accessing and using this Site.

 

SCOPE OF RIGHT TO USE

All text footage, pictures, graphics, software, applications, sound samples, animations videos, corporate logos and brands, the layout of BATBOX Site, as well as other content contained in the Site, hereinafter jointly referred to as the "BATBOX Website Content", are protected by trademark and copyright law and other laws for the protection of intellectual property and may be subject to third parties’ rights.

 

BATBOX does not grant any license rights or other rights regarding the use of the intellectual property rights in the Site Content, unless otherwise specified herein. The copying, distributing, reproducing, forwarding, otherwise using of these intellectual property rights in the Site including the making available to third parties is not permitted without the prior written consent of BATBOX. All such intellectual property rights remain the property of BATBOX.

 

PRIVACY

All personal data is collected, stored, processed and used in accordance with applicable data protection laws. 

 

NO WARRANTIES

BATBOX does not give any express or implied warranties, nor do they make any representations, nor do they assume any responsibility that:

  • BATBOX Site content are available without interruption;

  • BATBOX Site content will not infringe any third party rights;

  • BATBOX Site content are free from errors or are complete, accurate or up-to-date at all times; or

  • BATBOX Site is free from viruses, bugs, malware, or similar malicious programs.

 

LIMITATION OF LIABILITY

Under no circumstances, including negligence, batbox be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result from the use of or inability to use this site, nor shall BATBOX be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond BATBOX reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to this site's records, programs, or services. Under no circumstances, including but not limited to a negligent act, will BATBOX or its affiliates or agents be liable for any damage of any kind that results from the use of, or the inability to use, the site, even if BATBOX has been advised of the possibility of such damages. some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.

 

AMENDMENTS TO THE LINDE WEBSITE OR THE LINDE WEBSITE CONTENT OR TERMS AND CONDITIONS

BATBOX reserves the right, at any time and without prior notice, to make amendments, or additions, to the Site or the Site Content.  

 

BATBOX reserves the right to change these Terms and Conditions of use from time to time at its sole discretion without any obligation to inform the user. The user agrees that his continued use of the Site constitutes his consent to respective changes of the terms and conditions as applicable.

 

VIOLATION OF THESE TERMS AND CONDITIONS

BATBOX reserves the right to deny the user’s access to the Site in whole or in part at any time in case of the user’s non-compliance with these Terms and Conditions or the user’s infringement of the rights of BATBOX in the Site or the BATBOX website content or any third parties’ rights.  

 

Furthermore, the user herewith indemnifies and holds harmless BATBOX from and against all claims and damages arising out of or in connection with (i) the use of, or activities in connection with, the Site and BATBOX Website Content, or (ii) any violation of these Terms and Conditions by the user.

 

TERMINATION

BATBOX may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you.  You agree that you do not have any rights in this Site and that BATBOX will have no liability to you if this Site is discontinued or your ability to access the Site. 

 

OTHER TERMS

Any other terms on our Site are hereby incorporated by reference into these Terms. 

 

ASSIGNMENT

BATBOX may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or any part of it, to any other person. Any attempt by you to do so is void.

 

NO WAIVER

No delay or failure by BATBOX to enforce any of these Terms and Conditions Agreement shall constitute a waiver of any of our rights under this Terms and Conditions Agreement.  Neither the receipt of any funds by BATBOX nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of this Terms and Conditions Agreement. Only a specific, written waiver signed by an authorized representative of Batbox shall have any legal effect.

 

GOVERNING LAW 

These Terms will be governed by and construed in accordance with the internal laws of Texas without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Texas. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.

 

FOR MORE INFORMATION.

If you have any questions regarding our Terms and Conditions Agreement, please contact us by sending an email to hello@batboxusa.com

 

 

April 2022.

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