1. Website Ownership
The Website is owned by Ohio Concrete Resurfacing, Inc., d.b.a. NATURE STONE®. All materials distributed in the Website (the “Materials”) are either owned by or licensed to NATURE STONE® and its licensers retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer for your personal, noncommercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of NATURE STONE® The following are trademarks or service marks of Major League Baseball entities: the name (Cleveland Indians), nickname, logos (Chief Wahoo), color combinations. Major League Baseball clubs and entities, and their respective mascots (Slider).
Press Editorials (Editorials) text, photo, graphic, audio and/or video material (collectively, the “Editorials”) shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Editorials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Editorial Press will not be held liable in any way to any Website user or to any third party or to any other person who may receive information in the Editorials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby. Corporate, governmental and institutional Users may use portions of the Editorials for internal printed communications and memoranda.
2. Guestbook Features
Participation. The Website may offer opportunities for you to transmit messages in connection with various features including email and message boards (“Message Features”). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message (“Message”) in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Website’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains advertising, promotions or commercial solicitations of any kind; (vii) constitutes or contains false or misleading indications of origin or statements of fact; (viii) contains material irrelevant to the subject matter of the Message Feature; or (ix) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine.
License. By transmitting any Message or Name, you are granting NATURE STONE® a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or Name, in whole or in part, in any form, media or technology known or hereafter developed.
Message and Name Review. NATURE STONE® and its vendors act as a passive conduit in connection with your use of Message Features. NATURE STONE® and its vendors have the right, but not the obligation, to review, edit or delete any Message or Name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any Message or Name in any Message Feature does not constitute its approval or endorsement by NATURE STONE® or its vendors. You acknowledge that Messages and Names are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web.
You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and NATURE STONE® and its vendors other than as expressly set forth in this Agreement.
NATURE STONE® may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. NATURE STONE® may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
4. Contests, Sweepstakes
The Website may offer you opportunities to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms set forth on the Website applicable to the event as well as the terms of this Agreement.
The Website may contain links and pointers to other World Wide Websites and resources. Links to and from the Website to other Websites maintained by third parties, do not constitute an endorsement by NATURE STONE® or any of its affiliates of any third party website or content. NATURE STONE® is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Website administrator or Webmaster.
6. Limitations on Liability
NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY MLBAM OR ANY ACT OR FAILURE TO ACT BY MLBAM OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.
You hereby agree to indemnify and hold NATURE STONE®, Major League Baseball (Cleveland Indians), and our webmasters harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the Website; or (B) any alleged breach of this Agreement by you.
This Agreement may be immediately terminated at any time by NATURE STONE® in its sole discretion. In addition and without prejudice to any other remedy available to NATURE STONE®, NATURE STONE® may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by NATURE STONE®.
By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. NATURE STONE® may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.