CONDITIONS OF USE - DONNIEBASEBALL.COM
RESTRICTIONS ON USE OF MATERIALS.
This site is owned and operated by Joseph L. Riccitelli, Jr. (referred to as "DONNIEBASEBALL.COM," "me," "I," "my," or "mine" herein). No material from DONNIEBASEBALL.COM or any Web site owned, operated, licensed or controlled by me may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of my copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Joseph L. Riccitelli, Jr. or any other party that I specify on any individual page.
In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by me. I do not transfer title to the Software to you. You own the medium on which the Software is recorded, but I retain full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
DONNIEBASEBALL.COM is pleased to hear from its loyal fans and welcomes your comments regarding my products, including DONNIEBASEBALL.COM's online services. I am open to accept or consider creative ideas, suggestions, or materials. I will accept any original creative materials such as stories or photos, ideas, or original artwork. While I value your feedback on my services and products, I request that you be specific in your comments on those services and products, and I welcome any creative ideas, suggestions, or materials.
If you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of DONNIEBASEBALL.COM. None of the Information shall be subject to any obligation of confidence on the part of DONNIEBASEBALL.COM, and DONNIEBASEBALL.COM shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, DONNIEBASEBALL.COM shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
Unless otherwise specified, the materials in the site are presented solely for the purpose of providing information, and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by me from my office within the State of Florida, United States of America. DONNIEBASEBALL.COM makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all DONNIEBASEBALL.COM site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from me if in my sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other DONNIEBASEBALL.COM site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DONNIEBASEBALL.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DONNIEBASEBALL.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DONNIEBASEBALL.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DONNIEBASEBALL.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
Under no circumstances, including, but not limited to, negligence, shall DONNIEBASEBALL.COM be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if DONNIEBASEBALL.COM or a DONNIEBASEBALL.COM authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall DONNIEBASEBALL.COM's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.
This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.