Terms and Conditions
2022 Acquisition
In 2022, Blue Goat Systems, LLC acquired Baseball Manager from GameLine, LLC. These terms are updated to reflect acquisition.
Introduction
Blue Goat Systems, LLC ("Blue Goat Systems") provides Baseball Manager and the Diamond Club, our message board and chat service, as well as other content and data ("Baseball Content") subject to your compliance with the terms and conditions herein. Please read these Terms and Conditions carefully. By enrolling or participating in Baseball Manager, reading or participating in the Diamond Club, reading or accessing Baseball Content, you acknowledge that you have read these Terms and Conditions and that you agree to be bound by, and subject to, these Terms and Conditions as well as the decisions of Blue Goat Systems, which shall be final and binding in all respects. Further you acknowledge and agree to the Privacy Policy. In these Terms and Conditions, "you" and "your" and "participant" refers to you, the person who has enrolled, used, or participated in any of the Blue Goat Systems sites. (Blue Goat Systems sites are defined as Baseball Manager and the Diamond Club.)
Game of Skill
Baseball Manager (also called "BBM") is a game of skill designed to increase consumer awareness of and interest in Major League Baseball. To win a league, users must utilize their knowledge of individual player's daily statistics, how hitters are performing and have performed, and how starting and relief pitchers are performing and have performed in prior outings. Users must also know upcoming pitching rotations and batting lineups of actual major league teams, how hitters perform against opposing pitchers, how pitchers fare against hitters, how they each do in certain stadiums and any other variable that would impact a player's ability to perform well. In addition, you need to keep up to date with player moves and know whether players have been benched or are injured and other roster moves. In addition, in our Ultimate games, it is important to know how hitters perform and have performed against left-handed and right-handed pitching and know what relievers perform better as long relievers or as short relievers. The more you know about the players and the teams playing in Major League Baseball, and their opponents each night, the better your chances of winning your league. In Winter Ball, the more you know about players' performances, statistics, and individual game performances, the better your chances are of winning your league.
Game Play
Baseball Manager is a fun, daily game that will test your baseball knowledge. In Baseball Manager, you set your pitching and batting lineup each day as you prepare for nightly head to head matchup against your opponent. (In Ultimate Baseball Manager, you get the additional feature of setting lineups against left-handed and right-handed starting pitchers.) For more details on how to play and some tips, see the BBM Guide.
Different Game Levels
There are different levels of game play. We offer 3 main games during the baseball season. The three main games are: (a) Lightning, a 54 game season; (b) Express, a 162 game season; and (c) Ultimate, a 162 game season with separate lineups to set against left-handed pitchers and right-handed pitchers and playoffs. For Ultimate we also offer a Keeper version of the game. (See "Keeper" section below.) In the offseason, we offer access to your Keeper team around posted schedule maintenance times.
Please make your selection carefully on the enrollment screen when choosing which games/package you wish to play. Each game is individually and collectively defined as "Baseball Manager."
Eligibility
Subject to the next paragraph, Baseball Manager is intended for viewing only in the United States and Canada.
No one under 13 years of age may play the game. All federal, state and local laws and regulations apply.
Payment
Enrollment in Baseball Manager and the Blue Goat Systems sites requires a subscription which is charged in advance according to the game level you selected. Your payment may be charged directly by Blue Goat Systems through its payment processor. All subscriptions conclude at the beginning of the next calendar year.
If you purchase a subscription, you agree that your subscription is personal to you. You may not share your account or password with anyone else. Any such sharing by you of your account and password is a violation of these Terms and Conditions and may result in the cancellation of your subscription without refund. All decisions made by Blue Goat Systems in this regard shall be final. Blue Goat Systems will not refund any unused or inadvertently renewed subscriptions, and it is always within Blue Goat Systems's discretion whether to grant any refunds.
You agree to pay all applicable charges to your account for enrolling in Baseball Manager from Blue Goat Systems. If you enroll in Baseball Manager, you may pay Blue Goat Systems by credit card. You agree and represent that all information you provide for the purpose of enrolling in Baseball Manager will be accurate, complete, and current. Your right to access Baseball Manager, is subject to any limits established by Blue Goat Systems, its contractors, or by your credit/charge card issuer. If payment cannot be charged to your credit card, for whatever reason, or if there is a chargeback for any reason, Blue Goat Systems reserves the right to either suspend or terminate your account with Baseball Manager. If you have reason to believe your account is no longer secure, because of theft, or unauthorized disclosure of your credit card, you must notify us at billing@baseballmanager.com.
Cancellation/Termination
Please read the enrollment and payment options carefully when you enroll in Baseball Manager and the Blue Goat Systems sites.
If you are dissatisfied with Baseball Manager or with any of the terms and conditions contained herein, your sole and exclusive remedy is to discontinue using Baseball Manager. You may cancel your enrollment in Baseball Manager at any time by sending a message to billing@baseballmanager.com.
Blue Goat Systems may in its sole discretion, cancel your enrollment and terminate your account if Blue Goat Systems believes that you violated these Terms and Conditions or other policies or guidelines that Blue Goat Systems may post on a Blue Goat Systems site. See also "Sportsmanship." Blue Goat Systems may terminate your account if you share your account with another user, attempt to enroll more than one team in a league, or do not pay fees to Blue Goat Systems when they are due. Blue Goat Systems may also terminate your account if Blue Goat Systems believes your conduct is harmful to other users enrolled in Baseball Manager. All decisions made by Blue Goat Systems in this matter will be final.
IMPORTANT: CANCELLATION MAY NOT ALWAYS ENTITLE YOU TO A REFUND. PLEASE SEE THE SECTION ENTITLED REFUNDS FOR MORE INFORMATION.
Refunds
To receive a refund of the enrollment fee for Baseball Manager, you must cancel your enrollment within seven (7) days of enrollment.
Pinetar
Pinetar is a community within Baseball Manager that offers progression leagues. Please note that Blue Goat Systems does not manage or operate Pinetar. You acknowledge and agree that by enrolling in Pinetar you may be subject to additional rules that govern the Pinetar leagues. If you have questions about Pinetar you should contact them directly.
Third Party Promotions
If you enroll in Baseball Manager as a result of any third-party promotion, you are subject to these Terms and Conditions. You hereby acknowledge and agree that Blue Goat Systems is not affiliated with any such third party and understand that any questions or concerns that arise from your membership with such third party is between you and that party. You should carefully read and understand the terms and conditions associated with your third party account. You further agree to release Blue Goat Systems and each of its respective affiliates, managers, members, directors, officers, employees, licensors, information providers, contractors, representatives, consultants, and agencies (collectively, the "Released Parties") from any and all liability for any claims, losses, costs, injuries or damages of any kind arising out of or in connection with any such third party and your participation in or purchase of any services or products from such third parties (including without limitation, claims, losses, costs, injuries, damages and losses related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional) whether under a theory of contract, tort (including negligence), warranty or other theory. Blue Goat Systems and the Released Parties assume no liability and are not responsible for, and you hereby forever waive any rights to any claim against the Released Parties in connection with any claim or dispute you may have with any such third party. You agree to indemnify and hold harmless Blue Goat Systems, its affiliates, directors, officers, employees, consultants, contractors, representatives, and agents from any and all liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, that may arise from your use of any such third party.
Keeper Leagues
Keeper Leagues are for users that want to manage in Baseball Manager the same core group of players from the same team in the same league as such users have done in the prior season and be able to keep a group of those players for a future season. (provided the offer is available and they enroll at such time). If you enroll a team in a new Keeper League (in Ultimate Baseball Manager), you are entitled to play in that league for the current season and, you can only continue to play in such Keeper League in subsequent seasons if you enroll in Baseball Manager in each subsequent season. In addition, you understand and agree that if you do not re-enroll in Baseball Manager before the start of the subsequent season, then you forfeit that team and all rights you may have in that team (even if your subscription has not yet expired) and that you will not be entitled to any refund for monies paid. If you are in an existing Keeper League, you may continue to play in that league in the current season, provided you enroll in the proper package of games and pay the full fee.
Trades
Throughout the season, owners can trade players with other teams. Any trades accepted by two parties before the deadline will be subject to the following process:
How a trade is processed depends on your League Trade Review rule:
- If you have Trade Review in effect, then any agreed-to trade will take 2 days to clear. During this time, if 3 or more teams object to the trade, it will be reviewed by the Commissioner. If fewer than 3 teams object, it will be processed on the 2nd night after the trade is entered.
- If you do NOT have Trade Review in effect in your league, then your trade becomes immediate once both teams enter the same trade (or accept a proposed one.) You can see the changes to your roster immediately.
Trading is not available at the end of the season. The deadline for accepting a trade is 11:59 PM ET of the 15th of August. No trades will be allowed after that time.
Sportsmanship
Rules of Sportsmanship
You agree to comply with rules of sportsmanship when playing Baseball Manager. A violation of the rules of sportsmanship will include, but is not limited to: (i) controlling more than one team in the same league; (ii) making a collusive trade or a collusive transaction, where the move is made to benefit one team and not another; and (iii) interacting with other owners and players in an abusive and threatening manner; and posting or sending other postings or emails of messages of the type listed below.
You agree that, when using Baseball Manager, and the Diamond Club and/or the Blue Goat Systems sites, you will not post any messages or material that are: defamatory; abusive; threatening; bigoted, hateful or racially offensive; vulgar, obscene or indecent; advocating illegal activity or discussing illegal activity with the intent to commit such illegal activity; infringing on any copyright or trademark; spamming, advertising or any form of commercial solicitation; and any material or message that does not pertain to the particular chat room or bulletin board.
Right To Terminate for Violation Rules of Sportsmanship
Statements or postings that violate the above terms will be deleted upon discovery. Blue Goat Systems reserves the right to suspend and/or terminate the account of any User deemed to have violated any rule of sportsmanship or who has otherwise violated this section. All decisions made by Blue Goat Systems in this matter will be final.
Robos
You agree that Blue Goat Systems reserves the right to operate your team if your team goes "ROBO". "ROBO" means that you have not managed your team (made any transactions moves or updates to your roster) for fifteen (15) consecutive days. Blue Goat Systems will cease to operate your team at any time you actively manage your team, but reserves the right to operate your team if, at any later time, your team goes "ROBO" again.
Diamond Club
By submitting material to the Diamond Club you are irrevocably granting Blue Goat Systems the right to do anything Blue Goat Systems may choose with all parts of the material as if it were in the public domain, including modifying it or using it commercially and authorizing others to do so.
Additional Obligations and Legal Requirements
Use
You understand that you access Baseball Manager and the Blue Goat Systems sites via the Internet. Blue Goat Systems is not resonsible/accountable for your personal Internet connection. You understand further that Blue Goat Systems does not control or operate the Internet in any way. (See "Internet") Baseball Manager is a game of skill. It is for entertainment purposes only. You agree not to take part in any illegal activity related to Baseball Manager or the Blue Goat Systems sites, including, but not limited to, gambling or the making or placing of any bets or wagers. There are no prizes for winning your league or your playoffs in Baseball Manager.
Copyright
Except for public domain material, all material contained in Baseball Manager, the other Blue Goat Systems sites and other sites that may be related to Baseball Manager, is copyrighted. You may not reproduce or redistribute such material, in whole or in part, in any manner, without the prior written consent of the copyright owner, unless specifically permitted by these Terms and Conditions. You may make single copies of copyrighted material displayed on Baseball Manager solely for your own personal use if you preserve any copyright or other notices contained in or associated with such material. You may not distribute such copies to others, whether or not for a charge or other consideration, without written permission of the copyright owner. Requests for permission to reproduce portions of Baseball Manager for other purposes should be emailed to Blue Goat Systems. These Terms and Conditions do not grant you the right to use the Blue Goat Systems name or logo or registered trademarks of Blue Goat Systems or any other name or logo, including but not limited to, Baseball Manager and Scorecard.
Copyrighted material, including, without limitation, text, photographs, sound, video and music, may not be placed on the Diamond Club without the express written permission of the author or owner of the copyrighted material. You acknowledge that only the owner or someone authorized by the owner may place such material on the Diamond Club. The burden of determining whether any material on Baseball Manager and/or the Diamond Club is not protected by copyright rests with you. Blue Goat Systems is not responsible for the posting of any unauthorized copyrighted material posted on the Diamond Club. If you do submit copyrighted material without the specific authority of the copyright owner, it is a breach of these Terms and Conditions and may subject you to legal liability. By submitting material to the Diamond Club, you agree to indemnify and hold Blue Goat Systems, its employees, agents, consultants and contractors, harmless from all claims arising from such submission.
Trademarks
Baseball Manager and Scorecard are registered trademarks of Blue Goat Systems.
Internet
If, for any reason, Baseball Manger or any of the Blue Goat Systems sites are not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Blue Goat Systems, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of Baseball Manager, Blue Goat Systems reserves the right, in its sole discretion, to cancel, terminate, modify or suspend Baseball Manager. Blue Goat Systems assumes no responsibility for any error, omission, interruption, deletion, malfunction, defect, delay in operation or transmission of the Blue Goat Systems sites and Baseball Manager. Blue Goat Systems is not responsible for any error or omission in our data feed, any communications line failure, network inoperability, or for lost, late or misdirected entries or transactions, or for incorrect, inaccurate, delayed, misplaced or incomplete information whether caused by a user, equipment, a third party provider, or technical malfunction, or by any equipment or programming, or for any human error. Blue Goat Systems is not responsible for theft or destruction or unauthorized access to, or alteration of, entries or transactions or data, including but not limited to, credit card data and/or the sports data feed. Blue Goat Systems is not responsible for any technical errors or malfunctions, or any combination of any of the foregoing, including any injury or damage to you or to you or any person's computer or internet enable device related to or resulting from participation or downloading any materials in Baseball Manager. Blue Goat Systems reserves the right to halt or modify Baseball Manager at any time if events beyond their control compromise the game's fairness or integrity. Further, Blue Goat Systems reserves the right to disqualify any individual who tampers with any component of Baseball Manager or the Blue Goat Systems Sites.
Release and Indemnity
By participating in Baseball Manager, you (and if you are a minor, your parents or legal guardian) release and agree to hold harmless Blue Goat Systems and each of its Released Parties from any and all liability for any claims, losses, costs, injuries or damages of any kind arising out of or in connection with Baseball Manager or the Blue Goat Systems Sites, (including without limitation, claims, losses, costs, injuries, damages and losses related to personal injuries, death, damage to or destruction of property, theft, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional) whether under a theory of contract, tort (including negligence), warranty or other theory.
You agree to indemnify and hold harmless Blue Goat Systems, its Released Parties from any and all liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, that may arise from your use of any of the Blue Goat Systems Sites and/or your breach of the terms of these Terms and Conditions.
Further, Blue Goat Systems and the Released Parties assume no liability and are not responsible for, and you hereby forever waive any rights to any claim against the Released Parties in connection with (i) the inaccurate providing of data, including the feed of statistics; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information; (ii) any theft of your credit card information; and (iii) any part of Baseball Manager, including any advertising or promotions of Baseball Manager, and/or these Terms & Conditions. In the event of any ambiguity(s) or error(s) in these Terms & Conditions, Blue Goat Systems reserves the right to modify these Terms & Conditions for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of Baseball Manager.
Blue Goat Systems and the Released Parties assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer, credit card data, or property related to or resulting from participating in Baseball Manager and/or the Blue Goat Systems Sites or downloading materials from Baseball Manager and/or the Blue Goat Systems Sites.
CAUTION: ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF BASEBALL MANAGER AND/OR THE Blue Goat Systems SITES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, Blue Goat Systems RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitations of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF BASEBALL MANAGER AND THE OTHER BLUE GOAT SYSTEMS SITES IS AT YOUR OWN RISK. BASEBALL MANAGER AND THE OTHER BLUE GOAT SYSTEMS SITES ARE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER Blue Goat Systems NOR ANY OF ITS RELEASED PARTIES MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING BASEBALL MANAGER AND THE OTHER BLUE GOAT SYSTEMS SITES, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH BASEBALL MANAGER AND THE OTHER Blue Goat Systems SITES OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. BLUE GOAT SYSTEMS HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL INFORMATION PROVIDERS TO IT AND ALL RELEASED PARTIES ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES INCLUDING BUT NOT LIMITED TO DATA PROVIDED BY OUR DATA PROVIDERS; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. ANY LIABILITY OF BLUE GOAT SYSTEMS, ITS RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE, OR DATA, INCLUDING OUR STATISTICS DATA FEED, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF BLUE GOAT SYSTEMS'S RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT YOU PAID TO BLUE GOAT SYSTEMS THIS CALENDAR YEAR FOR ENROLLMENT IN BASEBALL MANAGER AND/OR THE PURCHASE PRICE YOU PAID FOR MERCHANDISE PURCHASE FROM Blue Goat Systems IN THIS CALENDAR YEAR. IN NO EVENT SHALL BLUE GOAT SYSTEMS OR ITS RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE OR OTHER DAMAGES, ARISING OUT OF YOUR ACCESS, YOUR USE OR INABILITY TO USE OR ACCESS BASEBALL MANAGER AND/OR THE OTHER BLUE GOAT SYSTEMS SITES OR FOR ANY BREACH OF WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT YOU WILL NOT HOLD BLUE GOAT SYSTEMS RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH BASEBALL MANAGER AND/OR THE OTHER BLUE GOAT SYSTEMS SITES, INCLUDING, WITHOUT LIMITATION, THOSE WITH WHOM BLUE GOAT SYSTEMS CONTRACTS TO OPERATE VARIOUS PORTIONS OF BASEBALL MANAGER AND/OR THE OTHER BLUE GOAT SYSTEMS SITES AND THOSE TO WHOM BLUE GOAT SYSTEMS USES OR PROVIDES LINKS TO FOR CREDIT CARD PROCESSING, CONTENT, ADVERTISING OR ANY OTHER TYPE OF DATA OR INFORMATION.
Choice of Law
These Terms and Conditions shall be construed and controlled by the laws of the State of Michigan. Any dispute arising from these Terms and Conditions, including, without limitation, a breach of these Terms and Conditions, shall be governed by the laws of the State of Michigan.
Other
These Terms and Conditions constitute the entire Agreement between the parties with respect to the subject matter contained herein and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, between you and Blue Goat Systems. Blue Goat Systems may change these Terms and Conditions at any time upon notice published on any one of Blue Goat Systems's sites. Any use of any of Blue Goat Systems's sites after such notice shall be deemed to be continued acceptance of these Terms and Conditions including its amendments and modifications. Blue Goat Systems reserves the right to discontinue Baseball Manager at any time. Blue Goat Systems may give general notices to you by posting on any of the Blue Goat Systems Sites, or, if possible, by electronic mail to your email address. You may give notice to Blue Goat Systems by email at service@baseballmanager.com.
Last Modified: 3/08/2022
