Contents

  1. The British Softball Website (page 1)
  2. Privacy and Protection of Personal Information On The Website (page 2)
  3. Registration of a Username and Password (page 3)
  4. Links to Third Party Sites (page 3)
  5. No Unlawful or Prohibited Use (page 4)
  6. User of Services (page 4)
  7. Materials Provided to British Softball Federation or Posted at any British Softball Federation Website (page 5)
  8. Liability Disclaimer (page 6)
  9. Storage Space And Other Limitations (page 7)
  10. Termination/Access Restriction (page 7)
  11. No Spam, Damages (Page 7)
  12. General (page 7)
  13. Copyright And Trademark Notices (page 8)

1. The British Softball Federation Website

1.1 The British Softball Federation (BSUK) website:

www.britishsoftball.org – the site of the British Softball Federation (BSF), the governing body of softball in this country. Created and operated by BSUK on behalf of the BSF, it provides softball participants, fans and other visitors with news and information about their sport as well as tools for managing leagues and competitions.

The above sites are owned and operated by BaseballSoftballUK, Ariel House, 74a Charlotte Street, London W1T 4QJ. For the purpose of these Terms of Use and Notices, references to 'British Softball Federation', 'BaseballSoftballUK', 'BSUK', the 'British Softball Federation website' and the 'British Softball Federation sites/services' also covers reference to the website listed above and the organisations BaseballSoftballUK, British Softball Federation and Fantasy Baseball UK. Your use of the British Softball Federation website constitutes your agreement to these Terms of Use and Notices.

1.2 Changes to our Terms of Use and Notices

British Softball Federation will occasionally update these Terms. If there are material changes to the Terms or Statement of Privacy or in how British Softball Federation will use your personal information, British Softball Federation will prominently post such changes prior to implementing the change.

2. PRIVACY AND PROTECTION OF PERSONAL INFORMATION ON THE WEBSITES

British Softball Federation is committed to protecting your privacy. British Softball Federation is a general audience website, intended for users of all ages. Personal information of all users is collected, used and disclosed as described in the following Statement of Privacy.

2.1 Collection of your Personal Information

British Softball Federation collects personal information, such as your e-mail address, name, home or work address or telephone number when you register. British Softball Federation may also collect demographic information, such as your postcode, age and gender, and sport-specific information, such as your softball/baseball experience.

2.2 Use of your Personal Information

British Softball Federation collects and uses your personal information to operate British Softball Federation and provide services to participants and website users. From time to time we will need to contact you in order to operate British Softball Federation and ensure our services are provided. British Softball Federation also uses your personal information to inform you of other products or services available from British Softball Federation and its affiliates in accordance with your stated preferences. British Softball Federation may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

If you consent to being included on the roster of any baseball or softball team, British Softball Federation provides access to personal information (including email address, postal address and telephone contact details) to those people who require it specifically for the purposes of operating the sports, including BSUK staff, BSF and BBF executive members and the appropriate club, team and league managers.

If you are listed as a team or league contact you will be contacted by us when necessary in order to operate the sports. If you are listed as a team or league contact on public pages of the website you will also be contactable by other participants and website users. On these public pages your actual email address is hidden. Responsibility for updating contacts listings on team and league pages on the British Softball Federation website falls to the team and leagues themselves.

British Softball Federation will not not sell, rent or lease your contact details to third parties without your explicit consent. If British Softball Federation contacts you in accordance with your stated preferences on behalf of external partners about a particular offering that may be of interest to you, your personal information (e-mail, name, address, telephone number) is not transferred to the third party.

We occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions, or performing statistical analysis of our services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.

British Softball Federation does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

British Softball Federation may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on British Softball Federation or the site, (b) protect and defend the rights or property of British Softball Federation, or (c) act under exigent circumstances to protect the personal safety of users of British Softball Federation, its website, or the public.

At times website users may provide content for the British Softball Federation website which contains personal information such as your contact details. By doing so you acknowledge that BSUK is not responsible for how these publicly-viewable details may be used by third parties. For more information on submitting content see Section 7 of these Terms.

2.3 Collection and Use of Children's Personal Information

British Softball Federation maintains information on children's baseball and softball leagues, and related programmes. The personal details (including email addresses, phone numbers and other information) of participants under the age of 16 are never disclosed to third parties or displayed in public areas of the website. Players' names appear in the roster section of team pages only where the viewer is a registered participant in the same league as the team being viewed.

Participants under the age of 16 may elect to be listed in the BSUK Address Book for the purposes of receiving bsukMail (in which case their actual email address is not revealed), but may not elect to list their telephone contact details. Participants under the age of 16 may use the BSUK Bulletin Boards but may not participate in www.fantasybaseballuk.com.

2.4 Use of Cookies

British Softball Federation uses "cookies" to identify you to the website during a session. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the British Softball Federation services.

2.5 Advertising

All advertisements you see on British Softball Federation website are displayed by British Softball Federation and are appropriate for a general audience with an interest in baseball and softball. British Softball Federation does not allows other companies to display advertisements on British Softball Federation website.

2.6 Enforcement of this Statement of Privacy

If you have questions regarding this statement, you should first contact the BSUK webmaster via the Support & FAQs page on our website.

3. Registration of a Username and Password

You are required to register to access certain functions of the site, particularly to register as a player or to manage a team or league. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account, for maintaining up-to-date account details and for any and all activities that occur under your account. You may not use anyone else's account at any time, without the permission of the account holder.

You are also able to choose a roster code. This is a special password which may be provided to another user wishing to add you to their team roster, or to include you in any other list. Knowledge of your roster code will not allow anyone else access to your personal details. You can change your roster code as often as you like.

4. Links to Third Party Sites

The British Softball Federation site/services may contain images of and links to third party website ("linked sites"). The linked sites are not under the control of British Softball Federation and British Softball Federation is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. British Softball Federation is not responsible for webcasting or any other form of transmission received from any linked site nor is British Softball Federation responsible if the linked site is not working appropriately. British Softball Federation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by British Softball Federation of the site or any association with its operators.

You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites. Any dealings with third parties (including advertisers) included within the British Softball Federation site/services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. British Softball Federation shall not be responsible or liable for any part of any such dealings or promotions.

5. No Unlawful or Prohibited Use

As a condition of your use of the British Softball Federation site/services, you will not use the British Softball Federation site/services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the British Softball Federation site/services in any manner that could damage, disable, overburden, or impair any British Softball Federation site/services (or the network(s) connected to any British Softball Federation site/services) or interfere with any other party's use and enjoyment of any British Softball Federation site/services. You may not attempt to gain unauthorised access to any British Softball Federation site/services, other accounts, computer systems or networks connected to any British Softball Federation site/services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the British Softball Federation site/services.

6. User of Services

The British Softball Federation site/services may contain e-mail services, bulletin board services, chat areas, news groups, forums, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

British Softball Federation has no obligation to monitor the Communication Services. However, British Softball Federation reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. British Softball Federation reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

British Softball Federation reserves the right at all times to disclose any information as British Softball Federation deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in British Softball Federation's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. British Softball Federation does not control or endorse the content, messages or information found in any Communication Service and, therefore, British Softball Federation specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised British Softball Federation spokespersons, and their views do not necessarily reflect those of British Softball Federation.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

7. Materials Provided to British Softball Federation or Posted at any British Softball Federation Website

British Softball Federation does not claim ownership of the materials you provide to British Softball Federation (including feedback and suggestions) or post, upload, input or submit to any British Softball Federation Site/Service or its associated services for review by the general public, or by the members of any public or private group, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting British Softball Federation, its affiliated companies and necessary sublicensees (i) permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all British Softball Federation Site/Services) (ii) the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, to publish your name in connection with your Submission, (iii) and the right to sublicense such rights to any supplier of a British Softball Federation Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. British Softball Federation is under no obligation to post or use any Submission you may provide and British Softball Federation may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

This section is inapplicable to any personally identifiable information that you provide in connection with your use of the British Softball Federation Site/Services. For terms and conditions governing the use of such information please refer to the Statement of Privacy in Section 2.

8. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BRITISH SOFTBALL FEDERATION SITE/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE BRITISH SOFTBALL FEDERATION SITE/SERVICES AND TO THE INFORMATION THEREIN. THE BRITISH SOFTBALL FEDERATION AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BRITISH SOFTBALL FEDERATION SITE/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE BRITISH SOFTBALL FEDERATION SITE/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE BRITISH SOFTBALL FEDERATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE BRITISH SOFTBALL FEDERATION SITE/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW. THE BRITISH SOFTBALL FEDERATION AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT THE BRITISH SOFTBALL FEDERATION SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE BRITISH SOFTBALL FEDERATION SITE/SERVICE. YOU SPECIFICALLY AGREE THAT THE BRITISH SOFTBALL FEDERATION IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE BRITISH SOFTBALL FEDERATION IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE BRITISH SOFTBALL FEDERATION SITE/SERVICE BY ANY THIRD PARTY. YOU SPECIFICALLY AGREE THAT THE BRITISH SOFTBALL FEDERATION IS NOT RESPONSIBLE FOR THE USE BY THIRD PARTIES OF PERSONAL DETAILS YOU HAVE CONSENTED TO BEING PUBLISHED ON THE SITES.

TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL THE BRITISH SOFTBALL FEDERATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BRITISH SOFTBALL FEDERATION SITE/SERVICES, WITH THE DELAY OR INABILITY TO USE THE BRITISH SOFTBALL FEDERATION SITE/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BRITISH SOFTBALL FEDERATION SITE/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE BRITISH SOFTBALL FEDERATION SITE/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BRITISH SOFTBALL FEDERATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BRITISH SOFTBALL FEDERATION SITE/SERVICES, OR WITH ANY OF THESE TERMS OF USE, TO THE FULLEST EXTENT PERMISSIBLE BY ENGLISH LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BRITISH SOFTBALL FEDERATION SITE/SERVICES. THE LIMITATIONS ON AND EXCLUSIONS OF LIABILITY FOR DAMAGES IN THIS AGREEMENT APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY. NOTHING IN THIS AGREEMENT LIMITS THE BRITISH SOFTBALL FEDERATION'S LIABILITY FOR (I) PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE OR (II) FRAUD.

9. Storage Space And Other Limitations

You agree that British Softball Federation may establish limits concerning use of any British Softball Federation Service offered on a British Softball Federation website, including the maximum number of e-mail messages that may be sent from or received by an account on any British Softball Federation Service, the maximum size of an e-mail message that may be sent from or received by an account on any British Softball Federation Service, the maximum disk space that will be allotted on British Softball Federation's servers on your behalf either cumulatively or for any particular service, such as for storing digital photographs, and the maximum number of times and duration you may access any British Softball Federation Service in a given period of time.

You agree that British Softball Federation has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any British Softball Federation Service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any British Softball Federation service may change at any time. You acknowledge that British Softball Federation reserves the right to sign out, terminate or delete your accounts for any particular website or service within British Softball Federation that are "inactive" for an extended period of time. "Inactive" means that you have not signed in to a particular service for an extended period of time, as determined by British Softball Federation, in its sole discretion. The amount of time that British Softball Federation considers as an "extended" period of time is determined based on the particular British Softball Federation website or British Softball Federation Service within British Softball Federation to which it pertains, and will be published on the website prior to any termination or deletion.

British Softball Federation MAKES NO WARRANTY THAT ANY British Softball Federation SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

10. Termination/Access Restriction

British Softball Federation reserves the right, in its sole discretion, to terminate your access to any or all British Softball Federation Site/Services and the related services or any portion thereof at any time, without notice. British Softball Federation may also terminate or suspend your access to British Softball Federation Site/Service(s) for inactivity, as set forth, above, in "Storage Space and Other Limitations". British Softball Federation shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

11. No Spam, Damages

British Softball Federation may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay British Softball Federation liquidated damages of five UK pounds (GBP 5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay British Softball Federation's actual damages, to the extent such actual damages can be reasonably calculated. You agree that British Softball Federation may charge such damages to your selected payment method.

12. General

Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of England, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the non- exclusive jurisdiction and venue of the English courts in all disputes arising out of or relating to the use of the British Softball Federation Site/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and British Softball Federation as a result of this agreement or use of the British Softball Federation Site/Services. You agree to indemnify and hold British Softball Federation, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees on a solicitor-client basis, asserted by any third party due to or arising out of your use of or conduct on the British Softball Federation Site/Services.

Subject to all applicable Data Protection legislation, British Softball Federation reserves the right to disclose any personal information about you or your use of the British Softball Federation Site/Services, including its contents, without your prior permission if British Softball Federation has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process, (2) protect and defend the rights or property of British Softball Federation or its affiliated companies, (3) enforce these Terms of Use and Notices, or (4) act to protect the interests of its members or others. British Softball Federation's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of British Softball Federation's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the British Softball Federation Site/Services or information provided to or gathered by British Softball Federation with respect to such use.

The Contracts (rights of Third Parties) Act 1999 does not apply to the agreement between you and us formed by these Terms of Use and Notices. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. British Softball Federation will not be liable to you for any breach of these Terms of Use and Notices, which arise because of any circumstances that British Softball Federation cannot reasonably be expected to control. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and British Softball Federation with respect to the British Softball Federation Site/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and British Softball Federation with respect to the British Softball Federation Site/Services provided that this shall not limit either party's liability for any fraudulent misrepresentation. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

13. Copyright And Trademark Notices:

All contents of the British Softball Federation website are: Copyright (c) 1996 - 2009 British Softball Federation, Ariel House, 74a Charlotte Street, London, W1H 4QT United Kingdom All rights reserved.