1. Ownership and Use. All information received from or through BluePontiac 2000 is provided solely for the use of Subscriber; any use by any other person is expressly prohibited without the express written consent of Company in advance of such use. Further, Subscriber acknowledges and agrees that:
a. All information received from or through BluePontiac 2000 is the sole, exclusive property of Company or its licensors, and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to Subscriber or any third party;
and
b. All information and programs provided by or accessed through BluePontiac 2000 are protected by contract law and various intellectual property laws, including United States copyright laws and the copyright laws of other countries, and Subscriber shall not reproduce in any manner whatsoever any such information or programs without the prior express written consent of Company or its licensors.
2. Fees and Payment. Subscriber hereby agrees to use the Services referred to above and that in consideration of such Services and the license granted in this Agreement, agrees to pay Company within fifteen (15) days after receipt of the monthly statement issued by Company the amount set forth on such statement, which amount shall reflect charges incurred by Subscriber based on the rate schedule in effect at the time such Services are used. Any sales or use taxes will be payable by Subscriber, if applicable, and will be included in each monthly statement. Any and all payments called for under the terms of this Agreement shall be charged automatically to Subscriber’s credit card indicated on the front page of this Agreement unless otherwise agreed to by the Company. Subscriber’s use of the Services will be subject to any credit limits established for Subscriber’s credit card or, where direct billing is requested, by limits established by Company! . Further, Subscriber expressly agrees to pay a late charge equal to one percent (1%) per month on any and all payments owing under the terms of this Agreement that become thirty (30) days past due. Notwithstanding any provision herein to the contrary, the interest charged under the terms of this Agreement shall never exceed the maximum rate permitted by applicable law.
A copy of the rate schedule in effect at the time of executing this Agreement is on the reverse side of this form. It is understood and agreed that the fees reflected in the rate schedule are subject to change upon thirty (30) days written notice to Subscriber. Any such amended rate schedule shall be deemed accepted by Subscriber if the Services are used in any manner by Subscriber after the effective date of such changes. Company reserves the right to modify these terms, conditions and the Services upon thirty (30) days written notice to Subscriber. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by Subscribers, and discontinuance of parts of the Services.
3. Password Disclosure. If, at any time, Subscriber should learn or suspect that Subscriber’s password has been disclosed or otherwise made known to any person other than Subscriber, Subscriber agrees to immediately notify Company at the telephone number listed on the reverse side of this Agreement and to confirm such notice in writing within seventy-two (72) hours. Upon receiving such notice, Company will assign a new password to Subscriber without charge.
4. Delays in Services. Subscriber understands and agrees that neither Company nor any of its licensors, officers, directors, employees, affiliates, agents, representatives or subcontractors shall be liable for any loss resulting from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes, or any loss resulting from erroneous statements or transmission errors. Company will have no responsibility to provide Services to Subscriber while interruption of Services due to any such cause shall continue.
5. Termination. This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or cancelled for any of the following reasons:
(a) Upon thirty (30) days written notice by either party of its intent to terminate this Agreement;
(b) immediately by Company for failure of Subscriber to make any payment when due;
(c) immediately by Company for any authorized access or use by Subscriber, including without limitation: (i) concurrent access of BluePontiac 2000 with identical user identification numbers; (ii) Subscriber permitting third party to use Subscriber’s user identification number to access BluePontiac 2000; or (iii) any other access or use of BluePontiac 2000 except as necessary to access and use PURE BASEBALL;
(d) immediately by Company if Subscriber assigns or transfers (or attempts the same) any rights granted to Subscriber under this Agreement;
(e) immediately, if Subscriber fails to abide by the rules and regulations relating to the use of, or tampers with or alters any of the program data files contained in PURE BASEBALL, or if Subscriber violates any of the terms and conditions of this Agreement; or
(f) immediately, if Subscriber transmits or receives (or causes the same) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to any other subscriber, Company, or any other person or business entity. Company, at its sole discretion, shall determine whether any information transmitted or received by Subscriber violates this provision.
Termination or cancellation of this Agreement shall not effect any right or relief to which Company may be entitled, at law or in equity.
6. Monitoring. Subscriber acknowledges and agrees that Company reserves the right to, and may from time to time, monitor any and all information transmitted or received through BluePontiac 2000. Company, at its sole discretion and without notice to Subscriber, may review, censor or prohibit the transmission or receipt of any information which Company deems inappropriate (such as that specified in Section 5(f)) or violates any term or condition of this Agreement.
7. Governing Law. This Agreement shall be governed by the laws of the State of Texas; excluding any rule or principle that might refer to the substantive law of another state or jurisdiction. The parties hereto agree that, to the extent allowed by applicable law, any claims or causes of action related to the Services and/or programs contemplated by this Agreement must be instituted within one (1) year from the date upon which such claim or cause arose or was accrued or the same shall be barred by limitations pursuant to this Agreement.
8. Equipment. Subscriber shall provide all telephone and other equipment necessary to access the service, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne by Subscriber. Subscriber agrees to reimburse Company for any such costs incurred by Company due to use of the service by Subscriber; such reimbursement shall be billed to Subscriber and payable in accordance with Section 2 of this Agreement.
9. WARRANTY DISCLAIMER:
(a) SUBSCRIBER ACKNOWLEDGES THAT ALL INFORMATION AND SERVICES PROVIDED BY COMPANY TO SUBSCRIBER RELATED TO OR ARISING FROM THIS AGREEMENT ARE PROVIDED "AS IS." COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTY OF MERCHANTABILITY.
(b) COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SERVICES AND/OR PROGRAMS PROVIDED BY COMPANY TO SUBSCRIBER WILL:(i) BE ERROR FREE; (ii) WILL MEET SUBSCRIBER’S REQUIREMENTS; OR (iii) IS SUITABLE FOR SUBSCRIBER’S NEEDS.
(c) SUBSCRIBER ACKNOWLEDGES AND AGREES THAT COMPANY WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, BluePontiac 2000. HOWEVER, SUBSCRIBER HEREBY ASSUMES ALL RESPONSIBILITY, BY WHATEVER MEANS SUBSCRIBER DEEMS MOST APPROPRIATE FOR SUBSCRIBER’S NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
THESE PROVISIONS SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING THE ENFORCEABILITY OR NON-ENFORCEABILITY OF ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY AND SUBSCRIBER HEREBY AGREE THAT COMPANY’S MAXIMUM AGGREGATE LIABILITY TO SUBSCRIBER FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED IN AN AMOUNT EQUAL TO (a) $250.00, OR (b) TEN PERCENT (10%) OF ALL SUMS PAID BY SUBSCRIBER TO COMPANY UNDER THIS AGREEMENT; WHICHEVER IS GREATER. THIS PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
11. Subscriber agrees to indemnify and hold harmless Company, its agents, officers, directors, and employees for and against all claims brought by parties other than the parties to this Agreement related to the Services contemplated in this Agreement.
12. The parties agree that if there is any conflict between this Agreement and Subscriber’s purchase order, or any other document, this Agreement shall govern, whether such purchase order or other document is prior to or subsequent to this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of Company.
13. Subscriber agrees that if Company takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, Company shall be entitled to recover from Subscriber (and subscriber agrees to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
14. The parties acknowledge by their signatures on the front side of this form that this Agreement is complete at the time executed, that this Agreement constitutes the entire agreement between the parties, that no other agreement, written or oral, exists between them, and Subscriber acknowledges by his signature that he has received an exact copy of the original of this document.
This agreement is made by Reality Sports, Inc., a Colorado Corporation and BluePontiac 2000, a Texas Corporation (hereinafter referred to as "Licensers") and the customer who signifies his acceptance of the terms of the license set forth herein by requesting a Pure Baseball franchise and submitting a credit card authorization for payment thereof (hereinafter referred to as "Licensee").
Pure Baseball utilizes statistical information from past performances of baseball players in unique and subjective ways. The game is designed to permit Licensees to manipulate statistics that have been filtered through the unique structure of Pure Baseball in competition with other Licensees attracted and assembled by Licensers. The game and its methods of transmission are protected as intellectual property by their owners.
The granting of a license to Licensee is subject to the following terms and conditions:
The license granted to Licensee is to participate in a competitive league environment whose members play the game known as "Pure Baseball", which game is developed by Reality Sports, Inc.
Licensers reserve all rights to supervise and control leagues set up by them to create and maintain a wholesome and enjoyable experience for all licensees. In furtherance thereof and by way of example and not limitation the following behavior shall not be tolerated, and shall be grounds for the immediate loss of Licensee’s license without further notice or warning from Licensers:
- Use of foul language;
- Harassment of any other Licensee;
- Cheating or electronic tampering with results, ratings or any method of play or the reporting of results;
- Language that is league-wide and critical of Licensers, their employees or their methods of operation. We can handle criticism provided that it is constructive and it is made to the Commissioner without dissemination to other league members or to the web-site. Language and comments that are non-constructive in its nature and content, in the sole opinion of the Licensers will be scrutinized by Licensers and they may deem it grounds for loss of your license;
- Any other behavior which is injurious to a wholesome and enjoyable league environment of other Licensees.
Forbearance by Licensers to act upon conduct detrimental to the league environment does not constitute a waiver of any right of theirs to subsequently act summarily with result to similar or apparently similar such conduct. Further, Licensers reserve to themselves to deal with such conduct in their total discretion with or without revoking the license of an offending Licensee.
The game known as "Pure Baseball", its ratings, its use of statistics, currently derived from Stats Inc., and its methods of dissemination remains the sole property of Licensers. The license to use the game in a league-wide competitive environment set up and run by Licensers is all that is granted to Licensees by this agreement. Licensees are informed hereby that the game may be modified, with or without the knowledge of Licensees at any time. Licensers warrant that any such modifications will be league-wide and will not be instituted with the intent to give any individual or class of individuals a competitive advantage (even though any change or modification in the game, its algorithms or its uses of statistical information may incidentally give some Licensees such an advantage).
Billing: All licenses are contingent upon payment therefor at rates to be set by Licensers, which rates may be modified by them from time to time. The current rates are set forth below.
Billing shall be done by credit cards which are acceptable to Licensers. Those credit cards which are currently acceptable are set forth below. If a charge fails to be paid by Licensee’s previously designated credit card, the Licensee shall be notified as soon as practicable by Licensers via e-mail or other communication. If payment arrangements satisfactory to Licensers are not then made, Licensee’s license shall then be terminated. There shall be separate fees for perpetual team ownership, short season leagues, one-time and other non-perpetual leagues and a one time membership fee, all of which are set forth below. Pre-payment programs by check will be announced as instituted by Licensers. You may own various teams in separate leagues; but only one to a league.
Perpetual Franchises: These will be awarded by Licensers only to Licensees who have met the following conditions: 1. You must have participated in one short season practice league; 2. You must have participated in that short season’s draft, roster cut-down and home games; 3. You have must have provided the requested personal information in the required questionnaire for all prospective owners; and, 4. You have made payment arrangements as set forth above.
License termination by Licensee: You may drop out of team ownership at any time, subject to giving the Commissioner one month advance notice. If you fail to give the required notice, you will be billed for that one month that you have not provided the proper notice. During the month after having given notice, Licensees may retain ownership rights to their team(s). The notice requirement allows the Commissioner to find a replacement for you.
Effect of Termination of License: If your license is terminated involuntarily, you will not be eligible to rejoin any league or other functions of Licensers’. If you have voluntarily terminated your license, as set forth in the preceding paragraph, generally you will be allowed to rejoin Pure Baseball and functions associated therewith. Licensers reserve the right to set any additional conditions in their discretion upon allowing any person to rejoin Pure Baseball or functions associated therewith. Upon license termination, Licensee’s franchise(s) may be awarded to any person, without any right or claim upon such team or franchise by Licensee.
Waiver of Property Rights: By entering into this license agreement, Licensee acknowledges that he or she will not assert any property right whatsoever to any team or franchise awarded to such Licensee, whether or not Licensee’s rights granted hereunder are subsequently terminated.
On-line Charges and Access Fees: On line charges and access fees are the sole responsibility of the Licensee over the Internet. Licensers will bear no responsibility for connection problems to the website or technical difficulties in downloading information, which difficulties are not deemed by Licensers to be their, Licensers’, sole responsibility. No credit will be given for access time lost by Licensee to correct any failure to transmit information necessary to operate the game. Licensers will provide technical advice to seek to rectify transmission difficulties.
I have read the above and foregoing license conditions, and by electronically signifying below, I accept and agree to the above license.
Rate Structure
Team Fees:
Perpetual Teams
$9.95/month per team.
$4.00 per month per each additional team
Launch League Teams
Free for first time PB Managers.
otherwise $14.95 for each launch league season.