Terms of Use

The www.batkings.com website (the “Site”) is owned and operated by Bat Kings, LLC ("We", "Us" or "Our"). These terms of use (these “Terms of Use”) govern your access to and use of the Site.  If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Site. If you use the Site in any manner whatsoever, your use will be deemed to be acceptance of the Terms of Use.

1. Changes

We may, at any time, for any reason and without notice, make changes to these Terms of Use. Any modifications will take effect when posted to the Site. If you do not or cannot agree to the amended terms, your only option is to cease all use and access of the Site.

2. Local Compliance

2.1. If the Site Content (as defined below), including its products or services, is contrary to local laws or regulations, you are not authorized to access or use the Site. We make no representation that the content on the Site is appropriate or that its products or services are available outside of the United States. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

2.2. The Site may contain references to products, items and services that are not announced or available in your area. Such references do not imply that We intend to announce such products, items or services in your area.

2.3. “Site Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages or other material that are displayed, used, or otherwise incorporated into the Site.

3. License to Use

3.1. We grant you a personal, non-exclusive, non-transferable license to access and use the Site Content for your personal, informational, non-commercial use.  

3.2. You may not: (i) remove any trademarks, copyright notices, or any other notice contained in any Site Content; (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works based upon, publicly display or perform, or in any way exploit any Site Content; (iii) frame or utilize framing techniques to enclose any Site Content; (iv) disassemble, decompile or reverse engineer any of the Site Content; (v) attempt to hack any portion of the Site, or to defeat or overcome any encryption technology or security measures implemented by Us; (vi) interfere with or disrupt the operation of the Site or the servers or networks connected to, or operated in connection with, the Site;  (vii) violate any applicable local, state, national or international law; or (viii) make any request to transactional servers more than once during any three-second interval.

4. Intellectual Property

All Site Content is owned by Us and various third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Site Content without the written permission of Us or such other party that may own the Site Content. All trademarks on the Site, including the Our logos, are owned exclusively by Us and various third parties.  No license or grant of any rights, express or implied, are granted in or to Our trademarks.

5. Links

For your convenience, We may provide links to various other websites that may be of interest to you.  However, We do not control or endorse such websites and We are not responsible for their content, nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites.

6. Material Sent to Us

Any information, material, or products sent to Us will be deemed NOT to be confidential (except as set forth in Our Privacy Policy. By sending Us any information or material, you grant Us an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of those materials, information or products.

7. Terms of Sales

7.1. Bats can only be purchased from the Site using a PayPal account.  

7.2. Once purchased, bats cannot be refunded or exchanged for a different bat.

7.3. Registered users may send us bats for sale on the Site. All shipping and delivery changes will be paid by you. We will rate your bat and set the description and sale price in Our sole discretion without notice to you. If the bat is accepted by Us, we will post it on the Site without charging a listing charge. We may adjust the description, sale price or rating of your bat at any time without notice to you.

7.4. If your bat sells, We will ship the bat to the purchaser and credit your registered PayPal account an amount equal to the sales price minus $10 for each bat sold.  Fees charged to you by PayPal are charged seperately and are not determined by Us.

7.5. If your bat does not sell on the Site within 6 months, you can choose to: (i) donate the bat to a worthy cause (see our Donate Bats page for more details); or (ii) pay a shipping and handling charge of $10 for Us to send the bat back to you. We will send a message to your registered email address about two week before the 6 months expires. If you do not notify Us of your choice by the end of the 6 months, We will donate the bat to a worthy cause without additional notice to you.

8. No Warranties

YOUR USE OF THE SITE AND BATS SOLD ON THE SITE IS AT YOUR SOLE RISK AND THE SITE AND BATS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE SITE OR ANY BATS SOLD ON THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9. Governing Law, Forum

These Terms of Use shall be governed in all respects by the laws of the State of Texas, without reference to its choice of law rules.  Any lawsuit concerning these Terms of Use or the Site shall be brought only in the courts located in San Antonio, Texas, and you expressly consent to the personal jurisdiction and venue of such courts, and waive all objections thereto.

10. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE.  SOME STATES DO NOT ALLOW LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

11. Indemnity

You agree to defend, indemnify, and hold US, OUR past, present, and future officers, directors, MEMBERS, employees, agents, licensors, LICENSEES, MARKETING PARTNERS, and suppliers, TOGETHER WITH THEIR RESPECTIVE officers, directors, employees, AND agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

12. Assignability; Severability

We may assign these Terms of Use and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition of Us or the sale of substantially all of Our assets related to the Site, to the surviving or successor entity.  You may not assign these Terms of Use or the rights and obligations hereunder without Our prior written consent. If any provision of these Terms of Use shall be determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms of Use shall not be affected thereby and shall remain in force and effect.

13. Termination

We reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. Sections 4, 6, and 8-13 shall survive any termination of these Terms of Use.