IMPORTANT INFORMATION
You should carefully read the following Policy. Your purchase or use of our products and/or our vendor products implies that you have read and accepted this Policy. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Ballparks.com reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
LICENSE
Our website grants you a nonexclusive limited license to use the products sold through our web site in accordance with these Terms and Conditions (the "license") issued by Ballparks.com.
a) UNAUTHORIZED USE
You may not place any of our products and/or our vendors products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.
b) ASSIGNABILITY
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from Ballparks.com.
c) OWNERSHIP
You may not claim intellectual or exclusive ownership to any of our products and/or our vendors products, modified or unmodified. All products are the property of our independent vendors. All products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
ILLEGAL USE
Ballparks.com products may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. We will be the sole arbiters as to what constitutes a violation of this provision, provided that all such determinations shall be made reasonably in good faith based on applicable law, regulation and the accepted norms of the Internet community.
OUR REFUND POLICY
All products are refundable via our vendors. There may be a 10% re-stocking charge. Each product is handled via the vendor and their policies may differ from other vendors within our virtual mall.
ANTIFRAUD CHECK
Customer purchase can be suspended for manual antifraud check. Antifraud check occurs because of a growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase.
SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
MISUSE OF SYSTEM RESOURCES
It is a violation for anyone to post information or to include programs on the web space provided through the Ballparks.com services which consume excessive bandwidth, CPU time or storage space.
ONLINE CONDUCT
No one shall post unlawful or defamatory information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
CONSEQUENCES OF VIOLATION
When Ballparks.com becomes aware of an alleged violation of its Acceptable Use Policy, Ballparks.com will initiate an investigation. During this time, Ballparks.com may restrict Customer's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Ballparks.com may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offence, Ballparks.com will notify the appropriate law enforcement department of such violation. Ballparks.com does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
INDEMNITY
You agree to defend, indemnify and hold harmless Ballparks.com, including all employees and associates, from and against all claims, actions or demands, liabilities settlements, including without limitation, reasonable legal accounting fees, alleged to result from your use of the site, Ballparks.com services or your violation of this Agreement. Our company reserves the right to change or modify this Policy with no prior notice.
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