Terms and Conditions

1. Agreement

These Terms and Conditions ("Terms") are a binding agreement between you and Sports Media, Inc., a Colorado corporation with its mailing address at 274 Mount Harvard Ave., Suite 350, Severance, CO 80550 ("Sports Media," "we," "us," or "our"). Sports Media, Inc. owns and operates the Champion MVP brand, website, products, and program.

These Terms govern your use of championmvp.com, the "Let's Play Baseball!" game at games.sportsmedia.us, and any other Champion MVP website, game, or online service that links to these Terms (together, the "Services"), and your purchases from us.

By using the Services or making a purchase, you agree to these Terms. If you do not agree, do not use the Services.

The following are part of these Terms: our Privacy Policy, Children's Privacy and COPPA Notice, Cookie Policy, Copyright and DMCA Policy, Brand Usage Policy, Accessibility Statement, and Affiliate Disclosure.

Please read Section 16 carefully. It requires most disputes to be resolved by individual binding arbitration, waives class actions and jury trials, and explains how to opt out within 30 days.

2. Who may use the Services

Children. Our books, videos, game, and printables are made for children. Children may enjoy the free content without registering or providing any information. We do not collect personal information from children.

Adults only for transactions and contact. You must be at least 18 years old and able to form a binding contract to submit our contact form, book a call, join our email list, sign up for text messages, make a purchase, or enter any agreement with us. If you are under 18, please ask a parent, guardian, or teacher to do it for you.

Parents and guardians. If you allow a child in your care to use the Services, you accept these Terms on the child's behalf and are responsible for supervising the child's use.

Educators and organizations. If you use the Services for a school, district, league, library, or other organization, you represent that you are authorized to do so and that your use complies with your organization's policies and applicable student privacy law.

Where we operate. The Services are offered from and intended for the United States.

3. What we provide

Champion MVP is a sports-themed children's learning library for ages 3 to 8, including storybooks, coloring books, puzzle books, e-books, audiobooks, animated episodes (written for ages 3 to 10), a free browser game, printable activity pages, educator licensing, community sponsorships, and branded merchandise.

We may change, suspend, or discontinue any free content or feature at any time. If we discontinue something you paid for, Section 8 applies.

4. Our content and your license to use it

All content in the Services, including text, illustrations, characters, artwork, audio, video, games, software, page design, and their selection and arrangement, is owned by Sports Media, Inc. or its licensors and is protected by copyright, trademark, and other laws. The books are written by Dan Kost. The characters Zoe, Mikah, TT the puppy, and Coach Champ, and their names, looks, and personalities, are our intellectual property.

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services and to view, read, listen to, and play our content for personal, family, or classroom use as permitted in Section 5.

You may not, unless Section 5 or a written license from us allows it:

• Copy, republish, distribute, publicly display, or publicly perform our content
• Sell, rent, sublicense, or otherwise commercialize any part of the Services or content
• Create adaptations, translations, sequels, or other derivative works based on our content or characters
• Use our content or characters to train, fine-tune, or prompt any artificial intelligence or machine-learning system, or to generate similar output
• Remove or alter any copyright, trademark, or other notice
• Scrape, crawl, or bulk-download the Services by automated means
• Reverse engineer or decompile any game or software
• Frame or mirror the Services in a way that misrepresents their source

All rights not expressly granted are reserved.

5. Free use for families and educators

We want our free materials used. Within these limits, you do not need to ask.

5.1 Permitted without asking

• Families: a parent or guardian may print our free coloring pages, puzzles, and activity pages for children in their household.
• Educators and youth leaders: teachers, coaches, librarians, and youth program leaders may reproduce and distribute our free printable materials to the children in their own classroom, team, or group, for non-commercial instructional use, unmodified, with all notices intact.
• Instructional display: showing our free videos or game to a class, team, or group during instruction.
• Quotation: brief excerpts in a review, news story, academic work, or classroom discussion, with attribution.

5.2 Requires a written license

• District-wide, school-wide, or organization-wide reproduction or distribution
• Posting our materials publicly, or on any website, learning management system, shared drive, or file-sharing service reachable outside your own classroom, team, or group
• Including our materials in anything that is sold or exchanged for value
• Charging any fee for access to our materials
• Modifying, rebranding, or removing attribution from our materials

Contact info@championmvp.com for educator, building, district, or organization licensing. Any signed license agreement controls over these Terms if they conflict.

6. Rules of use

You agree not to:

• Use the Services for any unlawful purpose
• Use the Services in any way that could harm, exploit, or endanger a child, or that is inappropriate for children
• Try to gain unauthorized access to the Services, our systems, or our CRM
• Introduce malware or interfere with the Services
• Submit false information, impersonate anyone, or misrepresent your affiliation
• Submit a minor's personal information through our forms
• Use our forms or phone line to send spam or unsolicited commercial messages

We may investigate violations, block access, and report unlawful conduct to authorities.

7. No user content

The Services do not accept user-submitted content. There are no comments, forums, uploads, chat, or profiles. Messages you send us through our forms are handled under our Privacy Policy. If you send us ideas or suggestions, we may use them without obligation to you.

8. Purchases

8.1 General

• Adults only. All purchases must be made by an adult 18 or older.
• Checkout. Purchases are completed on a secure checkout page hosted by our payment processor, Stripe. We do not see or store your full payment card number. Stripe's terms and privacy policy apply to the checkout page.
• Prices and availability may change. All prices are in U.S. dollars. Applicable taxes and shipping are shown at checkout before you pay.
• Orders. Your order is an offer to buy. We may decline or cancel an order (for example, for a pricing error, suspected fraud, or unavailability). If we cancel after you paid, we will refund you in full.
• Descriptions. We try to describe products accurately. Colors and print placement on screen may differ slightly from the finished product.

8.2 Books sold on Amazon

Our printed books and e-books are sold by Amazon and other retailers. Those purchases are between you and the retailer and are governed by the retailer's terms, return policy, and privacy policy, not these Terms.

8.3 Audiobook digital downloads

• What you get. Each audiobook download ($5.99 unless otherwise stated at checkout) gives you a personal, non-transferable license to download and listen to the audiobook for personal, household, or classroom listening. You may not resell, share publicly, upload, or redistribute the file.
• Delivery. After payment, you will receive a download link by email or on the confirmation page. Download links may expire for security; contact us and we will send a new one.
• Refunds. Because digital files cannot be returned once delivered, audiobook sales are final once the file has been downloaded, except as follows. If the file is defective, incomplete, will not play on a standard device, or is not the title you ordered, contact info@championmvp.com within 30 days of purchase and we will provide a working file or a full refund, at your choice. If you have not yet downloaded the file, you may request a refund within 14 days of purchase. Duplicate or unauthorized charges will always be refunded.
• Availability. We will make reasonable efforts to keep purchases available for re-download. If we ever discontinue a title, we will give reasonable notice so you can download it first.

8.4 Print-on-demand merchandise

• Made to order. Our apparel, hats, mugs, bags, stickers, and other merchandise are printed or embroidered after you order and are shipped by our third-party print-on-demand partner.
• Production and shipping times shown at checkout are estimates. Title and risk of loss pass to you when the carrier delivers the order to the shipping address you provided.
• Returns for defects only. Because each item is made for you, we do not accept returns or exchanges for change of mind, ordering the wrong size, or fit. We will replace the item or refund you if it arrives damaged, misprinted, defective, or is not what you ordered. Email info@championmvp.com within 30 days of delivery with your order number and a photo of the problem. We may ask you to return the item, at our cost.
• Lost packages. If tracking shows an order was lost in transit, contact us and we will work with the carrier and our partner to replace it or refund you.
• Wrong address. We are not responsible for orders sent to an incorrect address you entered, but we will help where we can.
• Size charts are provided on product pages. Please check them before ordering.

8.5 Your rights under law

Nothing in this Section limits any right you have under applicable consumer protection law that cannot be waived.

9. Affiliate disclosure

Links to our books on Amazon (including amzn.to short links) are affiliate links. As an Amazon Associate we earn from qualifying purchases. The price you pay is the same whether or not you use our link. See our Affiliate Disclosure for details.

10. Educator and organization licensing

Licenses for classroom sets, buildings, districts, and youth organizations are provided under a separate written quote or license agreement, which controls over these Terms if they conflict. We do not collect student personal information. We will execute your state's student data privacy agreement on request. Purchase orders are accepted.

11. Community sponsorships

Sponsorships are governed by a separate written sponsorship agreement. Our sponsorship standards are part of every agreement:

• We do not accept sponsorship from alcohol, tobacco, vaping, cannabis, gambling, or firearms businesses, or from any business whose products or services are unsuitable for young children.
• We do not place advertising inside our books. Sponsor recognition is limited to a name and logo on a bookplate, at events, and in program materials we approve.
• We do not collect, share, or sell information about any child or family for or with sponsors. Sponsors receive aggregate program reporting only.
• Sponsorship does not mean we endorse a sponsor's products, and sponsors may not state or imply that Champion MVP or Sports Media, Inc. endorses them beyond the recognition described in their agreement.

12. Third-party services and links

The Services link to or use services we do not control, including YouTube, Amazon, Stripe, our CRM and booking provider, and our print-on-demand partner. We are not responsible for their content, products, terms, or privacy practices. Your dealings with them are between you and them.

13. Disclaimers

Not medical, health, or athletic training advice. Our books, videos, game, printables, and blog articles are for general educational and entertainment purposes. They are not medical, health, physical therapy, athletic training, coaching, or safety advice, and they are not a substitute for advice from a qualified professional.

Adult supervision is required for physical activity. Children should always be supervised by a responsible adult during any physical activity, game, or sport suggested by our content. Sports and physical play carry a risk of injury. Use a safe space, suitable equipment, and age-appropriate activities, and consult a physician before a child starts a new sport or activity, especially if the child has any health condition. You are responsible for deciding whether an activity is safe and appropriate for a particular child.

Screen time. You decide how much screen time is appropriate for your child. Our content is designed to be short and to encourage active play away from the screen.

Merchandise. Small items such as stickers, buttons, pins, and patches are not toys and may present a choking hazard for young children. Keep them away from children under 3. Follow all care and use instructions provided with any product.

No guaranteed results. We do not promise any particular educational, athletic, or developmental outcome.

As is. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. We do not warrant that the Services will be uninterrupted or error-free. Some states do not allow these exclusions, so some may not apply to you. This disclaimer does not limit our defect replacement and refund commitments in Section 8.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SPORTS MEDIA, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES, YOUR PURCHASES, OR THESE TERMS, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Nothing in these Terms limits liability for death or personal injury caused by our negligence, for fraud, gross negligence, or willful misconduct, or any other liability that cannot be limited under applicable law. Some states do not allow certain limitations, so some may not apply to you.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Sports Media, Inc. and its officers, directors, employees, and agents from third-party claims, losses, and reasonable attorneys' fees arising from your violation of these Terms, your misuse of the Services or our content, or your violation of any law or third-party right. This Section does not apply to consumers to the extent prohibited by law.

16. Dispute resolution, arbitration, and class action waiver

16.1 Informal resolution first

Before starting any arbitration or court case, the party with the dispute must send a written notice describing the dispute and the relief requested. Send notices to us at legal@championmvp.com and to the mailing address in Section 1. We will send notices to the email or address we have for you. Both parties agree to try in good faith to resolve the dispute informally for 60 days after the notice is received, including, at either party's request, a telephone call. Time limits are paused during this period.

16.2 Agreement to arbitrate

If the dispute is not resolved within 60 days, you and Sports Media, Inc. agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any purchase from us by binding individual arbitration, except as provided in Sections 16.3 and 16.4. This includes disputes about the scope, validity, or enforceability of this arbitration agreement, which the arbitrator will decide, except that a court will decide issues about Section 16.5 (class action waiver).

• Rules and provider. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or, for disputes with businesses, its Commercial Arbitration Rules), as modified by these Terms. If AAA is unavailable, the parties will agree on another provider, or a court will appoint one.
• Location and format. The arbitration will take place in the county where you live, or by phone, video, or written submissions, at your choice. For claims of $10,000 or less, either party may choose arbitration on written submissions only.
• Fees. For consumer claims, we will pay all filing, administration, and arbitrator fees above the amount you would pay to file in court, unless the arbitrator finds your claim frivolous or brought for an improper purpose.
• Relief. The arbitrator may award the same individual relief a court could award, but only in favor of the individual party seeking relief and only to the extent needed for that party's individual claim.
• Federal Arbitration Act. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
• Mass filings. If 25 or more similar arbitration demands are filed against us by or with the help of the same law firm or organization, the demands will be administered in batches of up to 25 under the provider's mass arbitration procedures, and the parties agree to cooperate in good faith to resolve them efficiently.

16.3 Small claims exception

Either party may bring an individual claim in small claims court in Weld County, Colorado, or in the county where you live, if the claim qualifies and stays in that court on an individual basis.

16.4 Intellectual property and injunctive relief exception

Either party may bring a lawsuit in court solely for injunctive relief to stop unauthorized use or infringement of copyrights, trademarks, or other intellectual property rights.

16.5 Class action and jury trial waiver

YOU AND SPORTS MEDIA, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims (except as provided for mass filings in Section 16.2) and may not preside over any form of class or representative proceeding. To the extent any dispute proceeds in court rather than arbitration, you and we each waive any right to a jury trial. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and decided by a court under Section 16.8, after any individual arbitration is complete.

16.6 30-day right to opt out

You may opt out of this arbitration agreement by sending written notice within 30 days after you first accept these Terms (for example, by first using the Services or making a purchase on or after the effective date above). Email legal@championmvp.com with the subject line "Arbitration Opt-Out," or mail the notice to the address in Section 1. Include your name, mailing address, and email address, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms, and it does not affect any earlier arbitration agreement you may have with us.

16.7 Changes to this Section

If we make a material change to this Section 16, the change will not apply to any dispute of which we had notice before the change took effect, and you may reject the change by sending us written notice within 30 days after it takes effect.

16.8 Governing law and venue

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law rules, and by the Federal Arbitration Act for Section 16. Any claim not subject to arbitration (including claims excepted under Sections 16.3 and 16.4, and any claim for which arbitration is found unenforceable) will be brought exclusively in the state or federal courts located in Weld County, Colorado, and both parties consent to personal jurisdiction and venue there, except that small claims may also be brought in the county where you live.

16.9 Time limit

To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

17. Termination

We may suspend or end your access to the Services if you violate these Terms. You may stop using the Services at any time. Sections 4, 5.2, 7, 8.3 (license limits), 9, and 13 through 18 survive termination.

18. General

• Entire agreement. These Terms and the policies they include are the entire agreement between you and us about the Services, except where a separate signed agreement applies.
• Severability. If any provision is unenforceable, it will be limited or removed to the minimum extent necessary, and the rest stays in effect.
• No waiver. Our failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
• Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control.
• No third-party beneficiaries.
• Electronic communications. You agree that we may provide notices and agreements to you electronically.
• Changes. We may update these Terms. We will post the new version with a new "Last updated" date. For material changes, we will give notice on the Site, and by email where we have your address, at least 30 days before the change takes effect. Changes do not apply to purchases made before the change. Continued use after a change takes effect means you accept it.

19. Contact

Sports Media, Inc.
274 Mount Harvard Ave., Suite 350
Severance, CO 80550
General: info@championmvp.com
Partnerships: Dan@ChampionMVP.com
Legal notices: legal@championmvp.com
Telephone: (970) 394-3339 (answered by an AI assistant)

Champion MVP is a brand of Sports Media, Inc.