Legal

Privacy Statement

BaseballMoves.com (the “Site”), a Web site owned and operated by White Clover, LLC (hereinafter “WC”), and any, and all, viewers, visitors or users (the “User”) of content accessed by the Web pages of or via third-party operators to the Site affirms its adherence to the all terms and conditions set forth and entered into by the WC and the User, notwithstanding any other statements explicitly, or implicitly, expressed herein to the contrary.

This Site and WC holds the privacy protection of the User as a matter of utter importance and all definitions, notices and declarations set forth in the privacy statement (the “Statement”) herein shall maintain the accountability of this Site and WC.

This Site does not, by and for any means or purpose, collect personally identifiable information of the User with the exception of any definably personally identifiable information (hereinafter “user-specific data”) provided herein. Any user-specific data collected by the Site or third-party operators is limited to, domain name, IP address, clickstream information, cookies, other aggregate non-personal information and/or voluntarily information offered by the User, if applicable. User-specific data collected by the Site or third-party operators shall be used strictly and exclusively for the purposes of ascertaining Site performance and to improve quality of service to the User and shall not for any other reason be disseminated and under no circumstances shall any such user-specific data be disseminated to agents independent of this Site and the terms and conditions governing the use hereof.

Third-party operators include, without limitation, ad servers associated with the Site and WC for the purposes of relevant ad placement unique to each User. All third-party operators of the Site are limited to the data collection expressly stated herein.

WC reserves the right to modify the effective definitions, notices and declarations in this Statement and shall not be held accountable for any such preceding definitions, notices and declarations that have been modified to the point of incongruity with any preceding statements. The User is responsible for regularly reviewing this statement to be apprised of any policy modifications.

If for any reason BaseballMoves.com appears not to adhere to any part of this statement, please let us know at WhiteCloverLLC@gmail.com.

Any information provided by the User to BaseballMoves.com via e-mail (hereinafter “Correspondence”) will be considered non-confidential and non-proprietary. WC and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such Correspondence and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

For further information regarding or policies governing BaseballMoves.com please refer to our term and conditions.

Privacy Statement Last Updated: October 25, 2008

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Terms and Conditions

White Clover, LLC (hereinafter “WC”) is pleased to offer the content of its network of Web sites owned and operated by WC (“WC Sites”) conditioned on the acceptance without modification of the terms, conditions and notices contained herein. Use of WC Sites constitutes agreement by the user to all such terms, conditions and notices. Use of a particular WC Web site may also be subject to additional terms as defined within said Web site (the “Additional Terms”) and such use also constitutes agreement to the Additional Terms where applicable. Notwithstanding any Additional Terms, other definitions and/or guidelines stated to the contrary, the terms, conditions and notices contained herein shall survive, in full force and effect, as part of the user’s agreement should any such conflicts arise.

Please read the following terms of use and disclaimers carefully before using this Web site (this “Site”).

By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

Modification of Terms of Use

WC reserves the right to change the terms, conditions and notices under which the WC Sites are offered, including, but not limited to, those governing the dissemination of any content, compilation or work product appearing on WC Sites. Users are responsible for regularly reviewing these terms and conditions.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the WC Sites are for the user’s personal and noncommercial use. To modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the WC Sites is strictly prohibited.

The user may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard-copy portions of the material from the different areas of the Site solely for personal and/or noncommercial use, or for the purposes of conducting business with WC. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of WC, is strictly prohibited.

Harassment in any manner or form on the Site or any of the WC Sites, including via e-mail, posted comments and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a WC employee, host, representative or other members or visitors on the Site is prohibited. Users may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. Users may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Copyrights and Trademarks

The entire content included in this Site, including, but not limited to, text, design, graphics, interfaces or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of WC. The collective work includes works that are licensed to WC. Copyright 2008. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to White Clover, LLC, or other respective owners that have granted White Clover, LLC the right and license to use such Marks.

Notices and Procedures for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Web site’s designated agent.

ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE NOR SHALL THE USER HOLD WC LIABLE FOR ANY ALLEGED ACTS OF COPYRIGHT INFRINGEMENT WITHOUT COMPLIANCE AND PROOF OF COMPLIANCE TO THE PROCEDURE SET FORTH BELOW.

WC respects the intellectual property of others, and we ask our users and visitors to do the same. WC will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, WC will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WC the following information. Please be advised that to be effective, the Notification must include ALL of the following:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Site;

4. Your address, telephone number and email address and all other information reasonably sufficient to permit WC to contact you;

5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By Mail:

White Clover, LLC
Legal Division
P.O. Box 10-205
Staten Island, NY 10301

By E-mail:

By Email: WhiteCloverLLC@gmail.com (Please include “Notice of Infringement” in the subject line.)

IMPORTANT NOTE:

THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING WHITE CLOVER, LLC THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS OR QUESTIONS ON PRIVACY WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Termination of Use

These terms and conditions are applicable to the user upon your accessing the Site. These terms and conditions, or any of them, may be modified or terminated by WC without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination by user or WC.

Third-party Links

In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with WC, WC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of WC. WC has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such Web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that WC sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, WC seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Disclaimer

White Clover, LLC makes no representation of any affiliation with other third-party vendors, entities or associations, including, but not limited to, Major League Baseball, Minor League Baseball, Major League Baseball Advanced Media or any of their teams, partners or subsidiaries except for those third-party vendors, entities or associations expressly stated herein.

White Clover, LLC makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites.

White Clover, LLC does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

This Site and the information, services and products in this Site, including, without limitation, text, graphics and links, are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, WC disclaims all warranties, express or implied, including, but not limited to, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. WC does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes the site available are free of viruses or other harmful components. WC does not make any warranties or representations regarding the use of the materials in this Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.

Limitation of Liability

In no event shall WC be liable for any direct, indirect, special, punitive, incidental, (exemplary or consequential) damages, or any damages whatsoever, even if WC has been previously advised of the possibility of such damages, whether in an action under contract, negligence or any other theory arising out of or in connection with the use, inability to use or performance of the information, services and products available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long any implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Indemnification

You, as the user, agree to indemnify, defend and hold harmless WC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

Applicable Laws

Use of this Site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions. You, the user, agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the use or misuse of WC content) shall be in the state or federal courts located in Richmond County, New York. Any cause of action or claim you may have with respect to the Site (including but not limited to the use or misuse of WC content) must be commenced within one (1) year after the claim or cause of action arises. WC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. WC may assign its rights and duties under this Agreement to any party at any time without notice to you.

WC makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside of New York state do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the WC products shall be governed by the internal substantive laws of the State of New York.

Arbitration

By using this Site, you agree that WC, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

Acknowledgement

This Site and the information, services and products in this Site, including, without limitation, any content, compilation or work product (the “Product”) is solely the output of WC, as the exclusive interest-holder and possessor of any and all rights of ownership in connection with said Product with the sole exception of raw data collected from, with full disclosure to and unequivocal consent of, the Web site domain www.baseball-databank.org, and the interest-holders thereof.

General

WC reserves the right to revise these Terms at any time. It is the responsibility of the User to revisit this page to remain apprised of the Terms which are binding, notwithstanding the User’s negligence to do so.

Contact Us

By Mail:

White Clover, LLC

Legal Division

Copyright Agent

P.O. Box 10-205

Staten Island, NY 10301

By E-mail:

WhiteCloverLLC@gmail.com

Last updated: November 8, 2009