Brushback - Beta Version
Brushback Baseball is an online beta version baseball simulation.


2008
The year Brushback Baseball was invented

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BrushbackBaseball

BrushbackBaseball.com Terms of Use


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

The following terms and conditions (the "Terms of Use") govern your use of this Website and any services that are offered here. By purchasing Brushback Points, or using this Site, or the services provided thereon, you agree to be, and are, bound by these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to access or use this Site or the services provided therein. In these Terms of Use, the words "you" and "your" refer to each customer or Site visitor, "we", "us" and "our" refer to Askeo Company and "Services" refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. These Terms of Use may be revised by Askeo Company from time to time, without prior warning, and without notice to you. You acknowledge and agree that your continued use of the BrushbackBaseball.com Website or services after any such update signifies your acceptance of such modified Terms of Use.

1. Privacy Policy.
Askeo Company and BrushbackBaseball.com certify that all individually identifiable information is kept confidential. We do not sell or disclose any personal information about our users. Information users provide us with at the time of registration is not distributed to any third party partners without consent of our users.

Personal information, such as name and email, are used primarily to recognize individual accounts. Occasionally individually identifiable information, such as email addresses, will be used by us in order to contact the user for technical support or provide product update and account information.

2. Ownership.
This Site is owned and operated by Askeo Company.com, Inc. All right, title and interest in and to the materials provided on this Site, including but not limited to information, text, logos, graphics, sounds and images (the "Materials") are owned either by Askeo Company or by third party authors, developers or vendors ("Third Party Providers"). Brushback Baseball, BrushbackBaseball.com, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Askeo Company. Except as otherwise expressly provided in writing by an officer of Askeo Company, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Askeo Company's intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by Askeo Company.

All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2009 Brushback Baseball, Inc. ALL RIGHTS RESERVED.

3. Links to Third Party Sites.
This Site may contain links to Web sites controlled by parties other than Askeo Company. You acknowledge and agree that Askeo Company is not responsible or liable in any way for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on our Website does not imply that Askeo Company endorses any of the linked sites. You use the links at your own risk.

4. NO WARRANTY.
THE SITE AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW. ASKEO COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Furthermore, Askeo Company.com MAKES NO WARRANTIES THAT THE MATERIAL CONTAINED ON THE BrushbackBaseball.com WEB SITE IS ACCURATE OR COMPLETE, OR THAT THE BrushbackBaseball.com WEB SITE OR SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, OR WILL BE SUITABLE FOR YOUR NEEDS OR INTENDED APPLICATIONS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE BRUSHBACKBASEBALL.COM WEB SITE AND THE SERVICES OFFERED THERIN IS AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. ASKEO COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, COOKIES, INFORMATION OR SOFTWARE.

5. LIMITATION OF LIABILITY.
If you do not agree with our Terms of Use, or if you are not satisfied with our Web Site or any of the services that BrushbackBaseball.com provides, your sole remedy is to discontinue your use of the BrushbackBaseball.com Web Site and services. Askeo Company.com WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE BrushbackBaseball.com WEB SITES OR SERVICES, AND WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Askeo Company.com HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGE. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF the BrushbackBaseball.com WEB SITE AND SERVICES.

SOME JURSIDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

6. Indemnification.
You agree to defend, indemnify and hold harmless Askeo Company, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses, expenses, or costs, including without limitation reasonable legal and accounting fees and costs, arising out of or in any way connected with your access to or use of the Site, your violation of these Terms of Use, or your violation of any laws, regulations, or third-party rights.

7. Registration and Account Use
You agree that any information you provide in response to BrushbackBaseball.com registration and other forms will be true, accurate, current and complete. In particular, you agree not to misrepresent your identity to Askeo Company or BrushbackBaseball.com. By submitting any information to BrushbackBaseball.com, you grant Askeo Company the right to use this information to provide any services you request and for any other purpose that is consistent with our privacy policy, which policy is described it item (1) above.

You agree that all information submitted to the BrushbackBaseball.com Website is owned by Askeo Company and may be used or modified in any way, within the confines of the Privacy Policy posted on this Web Site. This information includes, but is not limited to, all players and player names, teams and team names, logos, avatars, and text posted via the forum and private messages.

You agree that you are allowed to open only one (1) account, unless specifically given written permission from an administrator of BrushbackBaseball.com. Opening multiple accounts without permission will be grounds for termination of all accounts you have opened, and a possible ban of the IP address used to open said accounts and at our discretion other IP addresses you may have used or attempt to use in the future.

BrushbackBaseball.com wishes to ensure an enjoyable game experience for its users. To this end you agree that BrushbackBaseball.com has the right to terminate your account for any behavior the site Administrators consider to be detrimental to the game experience they wish to provide. Detrimental behavior is determined solely by the Administrators and includes, but is not limited to lack of cooperation with forum moderators or Administrators. No refunds will be available on account of any termination of this Agreement.

BrushbackBaseball.com reserves the right to terminate your account and this Agreement immediately and without notice in the event that you breach any provision of this Agreement. No refunds will be available on account of any termination of this Agreement.

Neither accounts, nor players, nor accumulated Brushback Points may be sold or transferred to other account holders.

You agree that you are using an unfinished version of this game, which is designated as a 'beta' version. As such, features are being added to and/or removed from Brushback Baseball at any time and without prior notice.

BrushbackBaseball.com reserves the right to shut down its site, terminate all accounts, and end this Agreement for any reason at any time and without notice. No refunds will be available on account of any termination of this agreement.

If you become a registered user of the BrushbackBaseball.com Site, you will receive a password for accessing your account information. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. Askeo Company and BrushbackBaseball.com administrators will not be liable for any loss that you may incur as a result of any third party's use of your password or account, either with or without your knowledge.

8. Brushback Points
You may play this game for free and without charge.

From time-to-time we even have even given out free Brushback Points. You agree that we are under no obligation to follow past patterns or timing in giving free points and we may never give any free points again. You agree that when or if we provide free Brushback Points to any user or group of users, we are under no obligation to provide free Brushback Points to any other account holder or account holders.

You agree that all purchases of Brushback Points are final, and REFUNDS WILL NOT BE GIVEN.

You agree that any attempt to cheat or defraud the payment processor will result in the immediate termination of your account and possible legal action.

You agree that all referrals you provide to BrushbackBaseball.com are legitimate individual users other than yourself. Any attempt to cheat or defraud BrushbackBaseball.com through fake referrals will result in the immediate termination of your account and a possible ban of the IP address used to create said account.

9. Cheating
You agree to use the BrushbackBaseball.com Website in a manner that is consistent with the expressed wishes of Askeo Company and the Terms of Use herein. Any attempt to cheat, gain multiple accounts through illicit means, or gain Brushback Points via fake referrals will result in immediate termination of all accounts you have opened, and may result in a ban of the IP address used to open said accounts. Cheating includes, but is not limited to: using automated account creation or log-in tools (i.e. "bots"), exploiting a bug without bringing it to the attention of BrushbackBaseball.com administrators, attempting to hack into any BrushbackBaseball.com server, or gaining Brushback Points through fake referrals.

You agree that the interpretation of the word "cheating" is entirely up to the administrators of BrushbackBaseball.com and may change at any time, in order to improve the experience of all users.

10. Modification to Terms of Use
No modification to these Terms of Use will be effective unless: (a) posted by Askeo Company in the Terms of Use section of BrushbackBaseball.com's Web site; or (b) expressly agreed to in writing on Askeo Company's letterhead and signed by an officer of BrushbackBaseball.com. Any modification posted on this Site will become effective immediately, and your continued use of BrushbackBaseball.com's Web Sites or the services it offers will signify your acceptance of such modified terms.

11. General Provisions.
By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Indiana, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in Indiana, and in the County of Marion. You and Brushback Baseball agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.





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