HardBatClassics

Terms of Use

Please read these terms of use (the “Agreement”) carefully before accessing www.hardbatclassic.com (the “Website”) operated by Hardbat Classic LLC (“Hardbat”). By accessing the Website, you agree to be bound by the terms and conditions set forth in the Agreement. If you do not wish to be bound by the Agreement, you are not authorized to use this Website. Hardbat reserves the right to modify the Agreement at any time without prior notice to you. You agree to review the Agreement periodically to be aware of such modifications. You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. We will indicate that changes to the Agreement have been made by updating the date indicated after “Last Modified” at the end of the Agreement. If you do not agree to abide by any modified version of the Agreement, you are not authorized to use this Website. A current version of the Agreement is accessible via the footer of the Website’s homepage.

  1. Registration. Registration is not required to browse the Website. However, certain features offered on the Website, such as registration for the Hardback Classic Tournament (the “Tournament”) and subscription to the Hardback Classic Newsletter, may require you to submit certain personal information, including but not limited to, your name, your postal address, and your e-mail address. When you submit such information on the Website you represent that you are at least 13 years of age and that you have the authority to register with the Website, and that the information you provide is true, accurate, correct and complete. If you register for the Tournament, you agree to abide by the applicable Tournament rules as provided by Hardbat and/or its co-sponsor(s). If you are under the age of 13 and want to submit your personal information to us, you should ask your parent or legal guardian to send an e-mail to info@hardbatclassic.com, specifically allowing us to collect your personal information through the Website.
  2. Copyright. All content contained on the Website, including but not limited to video, clips, photographs, text, graphics, logos, icons, images and software (collectively, “Content”), is the property of Hardbat or its licensors and is protected by U.S. and/or international copyright laws. You may not copy or print copies of any Content or portion thereof contained on the Website. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the Website is strictly prohibited. If you use any Content contrary to the terms as set forth in the Agreement, you may be liable for infringement, misappropriation or other causes of action to the fullest extent of the law.
  3. Trademarks. “Hardbat Classic” and “Out of the Basement. Into the Big Time” are trademarks of Hardbat. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Hardbat or its licensors, partners or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Hardbat.
  4. Links. Hardbat and/or third parties may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Hardbat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites and we encourage users to be aware when they leave the Website to read the terms of use and privacy policies of these external sites.
  5. Submissions. The Website enables you to submit your comments, biographical information and stories and other content to Hardbat (“Submissions”). We respect your ownership of and responsibility for the content you wish to share. You acknowledge and agree that Hardbat does not and shall not have any obligation to review Submissions, and you agree that we do not have any obligation to use or respond to any Submission. By submitting a Submission, you warrant and represent that (i) you own the proprietary rights to such Submission, and (ii) such Submission does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such Submission is and will not be defamatory or libelous.
  6. Grant of License to Submissions. By submitting Submissions, you grant, and represent and warrant that you have the right to grant, to Hardbat, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Submissions, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Submissions (in whole or in part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. No Submissions shall impose any obligation on Hardbat, whether of attribution or otherwise, and Hardbat shall not be liable for any use or disclosure of any such Submissions.
  7. DISCLAIMER OF WARRANTIES.
    1. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS “AS IS” AND AT YOUR SOLE RISK. HARDBAT, ITS AFFILIATES OR ANY OTHER THIRD PARTY DO NOT MAKE ANY REPRESENTATION OR WARRANTY: (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE; OR (ii) GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE. HARDBAT IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE WEBSITE. THE WEBSITE IS PROVIDED “AS IS” AND HARDBAT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, HARDBAT DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
    2. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL HARDBAT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE OR CAUSED BY THE CONDUCT OF REGISTRANTS OR VISITORS. HARDBAT DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE. THE OPERATION OF THE WEBSITE MAY BE INTERFERED BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE WILL NOT BE LIABLE FOR DAMAGES CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON OR ANY OTHER DIRECT OR INDIRECT, CONSEQUENTIAL AND INCIDENTAL DAMAGES.
  8. LIMITATION OF LIABILITY.
    1. IN NO EVENT SHALL HARDBAT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. HARDBAT’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO $1,000.
    2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 6 OR 7 HEREOF MAY NOT APPLY TO YOU.
  9. Indemnification. You agree to indemnify, defend and hold Hardbat harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You agree that under no circumstances will Hardbat be liable in any way for the accuracy, reliability, or quality of any Submission, and that you shall hold Hardbat harmless for (i) any errors or omissions in any Submission submitted by you, or (ii) any loss or damage of any kind incurred as a result of the use of any Submission submitted by you.
  10. Commercial Use. You acknowledge and agree that the Website may not be used by you directly or indirectly in connection with any commercial endeavors.
  11. Privacy. Hardbat is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable and other information in connection with the Website is described in our Privacy Policy, which can be found at www.hardbatclassic.com/privacy.
  12. Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
  13. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Hardbat, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
  14. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at info@hardbatclassic.com or write to us at Hardbat Classic LLC, 435 Hudson Street, New York, NY 10014.

Last Modified: April 9, 2009