National Baseball Hall of Fame and Museum

Terms of Use

Welcome to the web site of the National Baseball Hall of Fame and Museum ("BHOF," “we,” “our,” or “us”). These Terms of Use (“Terms”) which include our Privacy Statement, http://baseballhall.org/privacy-statement, the terms and conditions for your use of web sites operated by the BHOF, including baseballhall.org, baseballhalloffame.org, and hofclubhouse.org (collectively, "Our Site").

Please read these Terms carefully because, by using Our Site, you agree to be bound by and comply with them. If you do not agree, you may not use Our Site. These Terms do not apply to your use of the shop located at http://shop.baseballhall.org (“Shop”), which is operated by a third party. We may change these Terms (including the Privacy Statement, http://baseballhall.org/privacy-statement) from time to time by posting an updated version on this page. By continuing to use Our Site after we have posted updated Terms, you agree to the updated Terms. If you do not agree to the updated Terms, you may not use Our Site.

Copyright

Material on Our Site is protected by copyright law. Except as expressly indicated otherwise in these Terms or on Our Site, you may download one copy of articles, podcasts, and other information posted on Our Site ("Site Content") solely for your limited, personal, non-commercial use as long as you do not alter the Site Content or remove any trademark, copyright, or other notices displayed on the Site Content. If you are an educator, you may download multiple copies of materials available through baseballhall.org/education for educational purposes as long as you do not alter the Site Content or remove any trademark, copyright or other notices. You may not download or duplicate copies of photographs displayed courtesy of a third party. Aside from expressly permitted uses, you may not reproduce, distribute, create derivative works of, publicly display or perform the Site Content in any manner, including extracting information or data for use in a database or any other purpose, without the BHOF’s prior written consent in each case. If you would like to use Site Content for any other purpose, please send your request to info@baseballhall.org.

Trademarks

Our name and our trademarks and service marks, including "National Baseball Hall of Fame and Museum," “National Baseball Hall of Fame,” “Baseball Hall of Fame,” “Baseball is America,” logos, slogans, and other indicia of source are owned by the BHOF (collectively, "Our Trademarks"). You may not use Our Trademarks without the BHOF’s prior written consent in each case, including in any manner that implies the BHOF sponsors, endorses or is otherwise the source of or affiliated with a product, service, entity, or activity or that would be likely to cause confusion among the public.

Accounts

You do not need to sign up to access the public portions of Our Site. To obtain access to some features, you will need to register for access. For example, you may register on Our Site for a membership account if you join the Baseball Hall of Fame and Museum as a member or you may register for a free Clubhouse account (each, an "Account"), which allows you to sign up for newsletters, events and other activities. You can choose to register (and then login) to your Account with information associated with selected third-party web sites (e.g., your Facebook, Twitter, Google, Linkedin, or Yahoo account). If you choose to register and login with your user profile from another site, that site will authenticate your password for Our Site. You should check the other site’s terms of use regarding using your user profile in this manner. You are responsible for all activity under your Account, must keep your Account username and password confidential, and may not transfer your Account or give another person access to it. You must notify us immediately if you become aware that anyone has obtained or attempted to obtain unauthorized access to your Account. You represent and warrant that all information you provide in connection with your Account is accurate and complete. We reserve the right, in our sole discretion, to suspend or terminate any Account or to block access to Our Site at any time if we suspect that you have not complied with these Terms or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use Our Site in any way that violates these Terms or any applicable law or regulation.

Additional terms or rules may be provided in connection with certain services or offers on Our Site. Subject to applicable law, these terms or rules will apply to those services or offers in addition to these Terms, although if any terms conflict, these Terms will prevail

Links, Frames and Metatags

You may not frame the content of Our Site on any other web site unless you first obtain our prior written consent in each case. You may not use metatags or any other "hidden text" that incorporates Our Trademarks, or words confusingly similar to Our Trademarks, without our prior written consent.

Third-Party Sites

Our Site contains links to web sites controlled and maintained by third parties ("Third-Party Sites"). For instance, when you click on the links to the “Shop,” the “Baseball Trivia” application or promotions for travel and tour package to the BHOF, you will be taken to a Third-Party Site. You may also link to social networking sites including the BHOF’s Facebook, Twitter, and YouTube accounts for additional BHOF news. The BHOF is not responsible for Third-Party Sites and providing a link to a Third-Party Site or the ability to share content (e.g., through an AddThis button) does not mean the BHOF endorses any Third-Party Site’s content, activities, policies or practices. Any information you share with or actions you take on Third-Party Sites are governed by the applicable Third-Party Sites terms and privacy statements, which you should review carefully. The BHOF makes no representation or warranty about any Third-Party Sites. You hereby release the BHOF from any claim of any nature, known or unknown, that you may ever have arising from your use of any Third-Party Site, and you waive all rights and benefits under California Civil Code Section 1542 (which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor) and under similar laws in other states.

Disclaimers

THE SERVICES AND CONTENT AVAILABLE THROUGH OUR SITE ARE AVAILABLE "AS IS" AND "AS AVAILABLE." WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY SERVICES OR CONTENT AVAILABLE THROUGH OUR SITE (OR THROUGH LINKS TO THIRD-PARTY SITES), INCLUDING THAT OUR SITE, SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR OTHER ISSUES CONCERNING OUR SITE, SERVICES, AND CONTENT. IF YOU RELY ON OUR SITE, SERVICES OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.


TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE, SERVICES, AND CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US), AND NON-INFRINGEMENT.


ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS TO OUR SITE, WE DO NOT WARRANT THAT OUR SITE, SERVICES OR CONTENT WILL BE FREE FROM SUCH ELEMENTS AND THE BHOF IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.

Limitation of Liability

THE BHOF AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, DAMAGE, LIABILITY, OR INJURY ARISING FROM YOUR USE OF OUR SITE OR YOUR BREACH OF THESE TERMS, INCLUDING FROM ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN OUR SITE, SERVICES OR CONTENT.


UNDER NO CIRCUMSTANCES WILL THE BHOF OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITE, SERVICES, OR CONTENT OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY DIRECT OR OTHER DAMAGES OF ANY NATURE ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SITE IS $US 100. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the BHOF and its directors, officers, employees, and agents harmless against all liabilities, losses, damages, and costs (including reasonable attorneys' fees) that any of the indemnified parties may incur arising out of or related to your use of Our Site, services or content or your violation of these Terms. The BHOF reserves the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.

Termination

We reserve the right to terminate these Terms, Our Site, and any services or content offered through Our Site at any time without notice for any reason. The "Disclaimers," "Limitation of Liability," "Indemnification," and "General" sections of these Terms (along with any other provision that by its terms contemplates survival) will survive any termination.

General

These Terms, which includes the Privacy Statement, http://baseballhall.org/privacy-statement, is the complete agreement between you and the BHOF regarding your use of Our Site, supersedes all other agreements (oral or written) between you and the BHOF, and is governed by and should be construed according to the laws of the State of New York applicable to agreements made and completely performed in New York, unless doing so would lead to the application of the laws of another jurisdiction. You irrevocably agree (A) to bring any claim or dispute relating to your use of Our Site and these Terms exclusively in the state and federal courts located in the State and County of New York, (B) to submit to the exclusive jurisdiction of those courts, and (C) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without the BHOF’s prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will effect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law (unless doing so would deprive either party of a material benefit of these Terms). The failure of a party to assert any right under these Terms will not be considered a waiver of that party’s right, which will remain in full force and effect. The term “including” in these Terms is intended to be illustrative and means “including without limitation.”

Questions

Please contact us at info@baseballhall.org or at 25 Main Street, Cooperstown, NY 13326, attn: Web Site Service with any questions you may have about these Terms, including the Privacy Statement, http://baseballhall.org/privacy-statement.


Last Updated: September 27, 2012

National Baseball Hall of Fame and Museum

Privacy Statement

We are committed to protecting your privacy. This Privacy Statement, which is part of the Terms, http://baseballhall.org/privacy-statement, describes the information we collect through Our Site, how we use it, and how you can make choices. By using Our Site, you consent to our collection and use of information about you in accordance with this Privacy Statement. If a capitalized term is not defined in this Privacy Statement, please check the definition in the Terms, http://baseballhall.org/privacy-statement.

Scope of Privacy Statement

This Privacy Statement applies to Our Site, which does not include the Shop located at www.shop.baseballhall.org. The Shop is operated by a third party, which has a separate privacy statement that governs its collection and use of your information. To read the privacy statement for the Shop, please visit the Shop site at http://shop.baseballhall.org.
Our Site may contain links to other Third-Party Sites. We are not responsible for Third-Party Sites or their privacy practices. If you follow any link to a Third-Party Site, you should review those sites' privacy statements to find out how they collect and use your information.

Collection and Use of Personal Information

We collect personally identifiable information about you ("Personal Information") when you voluntarily provide it to us. Your Personal Information may include, among other information, your name, email address, mailing address, phone number, and birth date, depending on the purpose for which you provide it. For example, we may collect your Personal Information at other times, including when you: join as a member of the BHOF and sign up for an Account, make a donation to the BHOF, sign up to participate in a BHOF event, take a poll or survey, apply to be an intern for one of our programs, or request information or materials from us. In addition, our third-party Service Provider will collect your credit card and related information, including when you pay your membership fees and make a donation, and will share only selected information with us (e.g., your name and the last four digits of your credit card).


We will use your Personal Information for the purposes for which you provided it. We may also send you other communications regarding our mission, programs, events, and opportunities that we think may be of interest to you. For fundraising purposes, we may combine and use your Personal Information with information that we have previously collected from you and from publicly available data.

Collection and Use of Other Information

We (and our Service Providers such as Google Analytics and AddThis) collect anonymous information about visitors to Our Site by using cookies (as further described below), including the type of browser used, the type of device used, the length of visits to Our Site, the web pages that linked visitors to Our Site, the web pages viewed during a visit, the actions taken during the visit (e.g., links clicked), and the visitor's IP address (which is the number assigned to the visitor's computer to identify its location on the Internet). We collect this anonymous information to analyze how visitors use Our Site so we can improve the quality of Our Site, services, and content. We do not use anonymous information to identify visitors individually.


AddThis may use non-personally identifiable information during your visits to web sites in order to provide advertisements about goods and services that may be of interest to you. To learn more about the privacy practices of these companies, please go to http://www.google.com/analytics and http://www.addthis.com. AddThis also suggests visiting www.networkadverting.org to learn more about its behavioral advertising practices.

Sharing Information with Third Parties

We share your Personal Information with companies that help us operate and provide services in connection with Our Site ("Service Providers"). If you have a membership Account, we will share your Personal Information with the company that operates the Shop (e.g., for the purpose of mailing catalogs and providing BHOF members with discounts). We also may share your Personal Information with organizations with which we have a business relationship or that we think may offer information or services that may be of interest to you. You may opt-out of this type of sharing by contacting us at membership@baseballhall.org or at 25 Main Street, Cooperstown, NY 13326, attn: Membership or by calling (607) 547-0397.
We may share aggregated, anonymous information about visitors to Our Site with third parties such as BHOF sponsors. In addition, we reserve the right to disclose and use Personal Information and anonymous information in special circumstances, including to enforce this Privacy Statement or any other part of our Terms, to protect our property or rights, to protect the safety of any one, and for other reasons we determine in good faith are necessary, appropriate or required by law, legal process or law enforcement. If we ever merge with, are acquired by, or otherwise consolidate with another organization, your Personal Information may be transferred as part of our assets.

Your California Privacy Rights

If you are a California resident who has an established business relationship with the BHOF, under the California Civil Code, you may request and obtain from us (once during each calendar year) information about your Personal Information that we have shared, if any, with other businesses for their direct marketing purposes.


If applicable, this information would include the categories of your Personal Information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To make such a request, you may contact us at info@baseballhall.org with "Your California Privacy Rights Request” in the subject line of your message or at 25 Main Street, Cooperstown, NY 13326, attn: Web Site Service – Your California Privacy Rights Request. All requests should clearly state the request is related to Your California Privacy Rights and include your first and last name, email address (or, if you want a reply by regular mail, include your street address, city, state and zip code). We will send the requested information to you, as applicable, at your e-mail or postal address.

Cookies

Our Site uses cookies, which are small data files placed on your computer, to recognize you when you return to Our Site. You are not required to accept cookies from Our Site. You can disable the cookies function, or delete existing cookies, through your web browser's options. If you do not accept cookies, you may not be able to use certain features on Our Site.

Review and Update Your Personal Information

We will use reasonable efforts to let you review your Personal Information and, upon your instructions, to correct inaccuracies in your Personal Information in our databases. If you wish to review and update your Personal Information, you can do so on the Account profile page on Our Site. If you have any questions regarding our treatment of your Personal Information, you can contact us by sending a request to info@baseballhall.org or at 25 Main Street, Cooperstown, NY 13326, attn: Web Site Service.

Third-Party Information

From time to time, Our Site may have features that allow you to provide information about third parties or to send communications related to Our Site to third parties (e.g., for the purposes of giving a gift membership to the BHOF or referring them to Our Site). For these features to operate, Our Site will collect contact information from you about those third-party recipients ("Third-Party Information"). You warrant that you have the right to provide all information you provide about any third party. We will not use this Third-Party Information for any purpose other than to send the communications you have initiated. We may keep a record of the Third-Party Information for a period of time in case we need to resolve problems related to the communications. If the third-party recipient wishes to have information about him or her deleted from our records, the recipient should contact us at membership@baseballhall.org or at 25 Main Street, Cooperstown, NY 13326, attn: Membership or by calling (607) 547-0397.

BASE: Be A Superior Example  --  Children Under Age 13  

Our Site includes an educational program, “BASE: Be A Superior Example,” that promotes concepts of healthy lifestyle choices and provides information about the dangers of performance-enhancing substances (“Base Program”). Our primary audience is students age 8 to 18 (but the program excludes no ages). Individuals may register in the Base Program, which will include a searchable database of registrants (“National Registry”), by creating an account (“Base Account”). To create a Base Account, the user will be asked to enter his or her first and last name, email address, and month, day, and year of birth. If the birth date entered indicates that the individual is under age 13, the Base Program will require the user to enter a parent’s valid email address to continue the registration process, but the child will be able to continue the educational program process (during which no further personal information will be collected). For children under age 13, we will send a notice to the parent’s email address, which includes a copy of this Privacy Statement, explains the information that will be collected for the Base Program, and asks the parent to confirm whether he or she gives consent for us to collect, use, and disclose the child’s personal information in connection with the Base Program (including in the National Registry) as described in this Privacy Statement by signing the form and returning it by mail to: National Baseball Hall of Fame and Museum, 25 Main Street, Cooperstown, NY 13326, Attn: BASE Parental Consent. The parent may also suggest a user name for the child (which we may revise if the user name has already been chosen). If a parent does not give consent, we will delete the first and last name, email address, and birth date initially collected. If a parent gives consent, we will confirm the consent by return email and send the child an email to invite him or her to complete the Base Program registration.

As part of the registration process for
the Base Program we will collect the following information: first and last name,
birth date, email address, country, and zip/postal code (“Base Information”). 
In addition, a registrant will have the option to provide the following information:
gender, street address, telephone number, an image (i.e., a user can upload a
photograph or avatar image that will be viewable only by the individual user),
team and/or school name, league, sport (chosen from a list), favorite team,
favorite athlete, and a statement of participation; if this optional
information is provided, it will be considered part of the Base Information,
but Our Site does not condition registration in the Base Program on providing
the optional information.

As part of the registration process for the Base Program we will collect the following information: first and last name, birth date, email address, country, and zip/postal code (“Base Information”). In addition, a registrant will have the option to provide the following information: gender, street address, telephone number, an image (i.e., a user can upload a photograph or avatar image that will be viewable only by the individual user), team and/or school name, league, sport (chosen from a list), favorite team, favorite athlete, and a statement of participation; if this optional information is provided, it will be considered part of the Base Information, but Our Site does not condition registration in the Base Program on providing the optional information.

A registrant in the Base Program may opt in to have the following information included in the Base Program’s publicly searchable National Registry on Our Site and at kiosks located at The Baseball Hall of Fame and Museum in Cooperstown, New York: a registered user’s first name and last initial and city, state, zip/postal code, and gender. If the parent gives consent for the BHOF to collect personal information from the child, but does not give consent for this limited information (i.e., first name and last initial, city, state, zip/postal code) to be included in the National Registry, the parent would not opt in on the parental consent form. Registrants may opt out of being included in the publicly available data at a later time by contacting us at membership@baseballhall.org or at 25 Main Street, Cooperstown, NY 13326, attn: Membership or by changing the Base Account settings on Our Site.

We will use the personally identifiable information we collect from a registrant in the Base Program only in connection with the Base Program to permit the registrant to register and participate in the Base Program by providing the information and material described above, by including limited information in the National Registry (if the parent consents, in the case of children under age 13), and by permitting the registrant to print a certificate indicating commitment to the Base Program principles. If a registrant opts in, we will also send the registrant other communications about the BHOF and its mission, programs, events, and opportunities.

The BHOF will keep the personal information of children under age 13 in connection with the Base Program separately from other personally identifiable information collected on Our Site. The BHOF may share the child’s personal information with its Service Providers who assist the BHOF in operating and maintaining the Base Program. In addition, we reserve the right to disclose and use the Base Information in special circumstances, including to enforce this Privacy Statement or any other part of our Terms, to protect our property or rights, to protect the safety of any one, and for other reasons we determine in good faith are necessary, appropriate, or required by law, legal process or law enforcement. If we ever merge with, are acquired by, or otherwise consolidate with another organization, the Base registrants’ personal information may be transferred as part of our assets.

We also collect anonymous information on our Site as part of the BASE Program as described above (“Collection and Use of Other Information”).

We will associate a parent’s email address with the child’s Base Account and may use the parent’s email address to communicate with the parent about the child’s Base Account, the Base Program or the Terms. If the parent chooses, we may also use this email address to send the parent additional information about the BHOF and its mission, programs, events, and opportunities.

For purposes of this Privacy Statement, the term “parent” means either a parent or a legal guardian.

Except as described in this Privacy Statement, we do not knowingly collect any personally identifiable information from children under age 13 on Our Site. If you are a parent and believe that we have inadvertently collected any personally identifiable information from your child under age 13 without verification of parental consent or if you want to request that your child’s Base Information be changed or deleted, please contact us at membership@baseballhall.org or at 25 Main Street, Cooperstown, NY 13326, attn: Membership or by calling (607) 547-0397.

IF YOU A ARE A PARENT OF A CHILD UNDER AGE 13 AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER FOR THE BASE PROGRAM AND PROVIDE HIS OR HER BASE INFORMATION, YOU AGREE, ON BEHALF OF YOURSELF AND YOUR CHILD, TO BE BOUND BY OUR SITE’S TERMS, INCLUDING THIS PRIVACY STATEMENT.

Security

We take reasonable steps to keep personal information in a secure manner and safeguard it from unauthorized access. When you enter payment card information and personal information to join as a member and similar purposes, we (or, as applicable, our Service Provider) encrypts the information using secure socket layer technology. Of course, no transmission over the Internet can be guaranteed to be 100% secure, so you provide your Personal Information at your own risk.

Location of Servers and Transfer of Information

Our servers are located in the United States. If you are located outside of the United States, be aware that the information you provide to us will be transferred to the United States. By using Our Site or providing your Personal Information to us (or giving consent for your child to do so), you consent to this transfer and to the collection, storage, processing and use of your Personal Information in the United States. If you are located in the United States, our Service Providers (or other entities with which we share your information) may not be located in your geographic area in the United States. By providing your Personal Information on Our Site, you consent to the transfer of your Personal Information to these entities.

Opt Out and Questions

If you have questions about how we collect and use your Personal Information or this Privacy Statement or you no longer wish to receive communications from us, you can contact us at info@baseballhall.org or at 25 Main Street, Cooperstown, NY 13326, attn: Web Site Service. You can also opt-out by following instructions in the messages you receive or by changing your Account settings in the “My Account” section of Our Site.

Last Updated: September 27, 2012