1. Use of Our Service
You may use the Service only if you can form a binding contract with Pitcher List, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. The Service is not available to any Users previously removed from the Service by Pitcher List.
1.B. Pitcher List
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Pitcher List reserves all rights not expressly granted herein in the Service and the Pitcher List Content (as defined below). Pitcher List may terminate this license at any time for any reason or no reason.
1.C. Service Rules
You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”.
- Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Pitcher List servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
- Transmitting spam, chain letters, or other unsolicited email.
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.
- Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- Uploading invalid data, viruses, worms, or other software agents through the Service.
- Collecting or harvesting any personally identifiable information from the Service.
- Using the Service for any commercial solicitation purposes.
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
- Interfering with the proper working of the Service.
- Accessing any content on the Service through any technology or means other than those provided or authorized by the Service.
- Monetizing Pitcher List content through advertising, subscriptions, or other means.
We may, without prior notice, change the Service; stop providing the Service or features of the Service; or create usage limits for the Service.
You are solely responsible for your interactions with other Pitcher List Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Pitcher List shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. Our Proprietary Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, and photographs (the “Pitcher List Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Pitcher List, and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Pitcher List Content. Use of the Pitcher List Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Pitcher List under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Pitcher List does not waive any rights to use similar or related ideas previously known to Pitcher List, or developed by its employees, or obtained from sources other than you.
3. Description of Service
Pitcher List provides users with access to a rich collection of resources, including forums, search services, personalized content, blogs, statistics, data and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Pitcher List to provide the Service. You also understand and agree that the Service may include certain communications from Pitcher List, such as service announcements, administrative messages, and the Pitcher List Newsletter, and that these communications are considered part of Pitcher List membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Pitcher List properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Pitcher List assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
4. No Professional Advice
If the Service provides professional information (for example, financial, legal, or medical), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
5. Privacy and Data Security
Pitcher List cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
6. Your Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pitcher List has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pitcher List has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
7. Member Account, Password and Security
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Pitcher List of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Pitcher List cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
8. Interacting with the Service and User Content
8.A. Your User Content
Some areas of the Service allow Users to post content such as profile information, comments, questions, and other content or information. Any content or information a User submits, posts, displays, links to, or otherwise makes available on the Service is referred to as “User Content.” We claim no ownership rights over User Content created or provided by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with this Agreement. Pitcher List has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
8.B. How We and Other Users can Use Your Content.
By posting or otherwise making available any User Content on the Service, you hereby expressly grant, and you represent and warrant that you have all rights necessary to grant Pitcher List a royalty-free, sublicensable, transferable, perpetual, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Pitcher List’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, modify, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
8.C. What Not to Post.
You agree not to post User Content that:
- May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal.
- May create a risk of any other loss or damage to any person or property.
- Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise.
- May constitute or contribute to a crime or tort.
- Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, obscene, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable.
- Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets).
- Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- Contains any information or content that you know is not correct and current.
8.D. Respecting Others’ Rights.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.
8.E. Definition of Intellectual Property.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
8.F. User Content Representations and Warranties.
In connection with your User Content, you affirm, represent, and warrant the following:
- You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- Your User Content and any use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- Pitcher List may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
8.G. Your Conduct; Disclaimer
Pitcher List reserves the right, but is not obligated, to reject and/or remove any User Content that Pitcher List believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights. Pitcher List takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Pitcher List shall not be liable for any damages you allege to incur as a result of User Content.
9. Opinions Expressed by Our Content Contributors
Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Pitcher List. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, Pitcher List is not undertaking any obligation or liability relating to the content. Pitcher List and its affiliates, successors, assigns, employees, agents, directors, officers, and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. Pitcher List and its affiliates, successors, assigns, employees, agents, directors, officers, and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Pitcher List reserves the right to block or remove communications, postings, or materials at any time in our sole discretion.
10. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to defend, indemnify, and hold harmless, Pitcher List and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to:
- Your use of and access to the Service, including any data or content transmitted or received by you.
- Your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above.
- Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights.
- Your violation of any applicable law, rule or regulation.
- Any other information or content that is submitted via the Service including without limitation misleading, false or inaccurate information.
- Negligent or willful misconduct.
- Any other party’s access and use of the Service with your unique username, password or other appropriate security code.
12. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Pitcher List I.D.), use of the Service, or access to the Service.
13. General Practices Regarding Use and Storage
You acknowledge that Pitcher List may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Pitcher List has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Pitcher List reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Pitcher List reserves the right to modify these general practices and limits from time to time.
14. Modifications to Service
Pitcher List reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pitcher List shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that Pitcher List may, under certain circumstances and without prior notice, immediately terminate your Pitcher List account, and access to the Service. Cause for such termination shall include, but not be limited to:
- Breaches or violations of the TOS or other incorporated agreements or guidelines.
- Requests by law enforcement or other government agencies.
- A request by you (self-initiated account deletions).
- Discontinuance or material modification to the Service (or any part thereof).
- Unexpected technical or security issues or problems.
- Extended periods of inactivity.
- You have engaged in fraudulent or illegal activities.
Termination of your Pitcher List account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Pitcher List’s sole discretion and that Pitcher List shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
16. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Pitcher List shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
17. Third-Party Links
18. No Warranty
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Pitcher List or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, Pitcher List, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable, or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.
19. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Pitcher List, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will Pitcher List be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Pitcher List assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) the defamatory, offensive, or illegal conduct of any third party.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Pitcher List has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The exclusions and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Service is controlled and operated from facilities in the United States. Pitcher List makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
20. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 1 and 18 may not apply to you.
21. Special Admonition for Services Relating to Gambling.
If you intend to create or join any service, receive, or request any news, messages, alerts, or other information from the Service concerning players or teams, please read the above Sections 1 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the gambler beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for gambling. Pitcher List and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service and shall not be responsible or liable for any gambling decisions made based on such information.
22. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this Agreement.
Pitcher List may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
24. General Information
This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Pitcher List without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
24.B. Notification Procedures and Changes to the Agreement.
Pitcher List may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Pitcher List in our sole discretion. Pitcher List reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Pitcher List is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Pitcher List may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
24.C. Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with Pitcher List in connection with the Service, shall constitute the entire agreement between you and Pitcher List concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
24.D. No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Pitcher List’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
24.E. Government Use Rights.
If the Service is licensed to the United States government or any agency thereof, then the Service will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service.
Please contact us at email@example.com with any questions or violations regarding this Agreement.
This Agreement was last modified on January 23, 2022.