- Website Ownership
The Website is owned by MLB Advanced Media, L.P. ("MLBAM"). All materials distributed in the Website (the "Materials") are either owned by or licensed to MLBAM. MLBAM and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of MLBAM. Materials must not be used in any unauthorized manner.
Associated Press ("AP") text, photo, graphic, audio and/or video material (collectively, the "AP Materials") shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to any Website user or to any third party or to any other person who may receive information in the AP Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby. Corporate, governmental and institutional users may use portions of the AP Materials for internal printed communications and memoranda.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), MLBAM has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website (the "Designated Agent"). All such notifications relating to this Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Service Provider: MLB Advanced Media, L.P.
Name of Agent Designated to Receive Notification of Claimed Infringement: Michael J. Mellis
Full Address of Designated Agent to Which Notification Should Be Sent: 75 Ninth Avenue New York, NY 10011 United States of America
Telephone Number of Designated Agent: (212) 485-3452
Facsimile Number of Designated Agent: (212) 485-3456
E-mail Address of Designated Agent: email@example.com
- Message Features
Participation. The Website may offer opportunities for you to transmit messages in connection with various features including vanity email, auctions and message boards ("Message Features"). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message ("Message") in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; (ix) contains material irrelevant to the subject matter of the Message Feature; or (x) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine.
License. By transmitting any Message or Screen Name, you are granting MLBAM a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.
Message and Screen Name Review. MLBAM and its vendors act as a passive conduit in connection with your use of Message Features. MLBAM and its vendors have the right, but not the obligation, to review, edit or delete any Message or Screen Name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by MLBAM or its vendors.
You acknowledge that Messages and Screen Names are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and MLBAM and its vendors other than as expressly set forth in this Agreement.
- MLBAM may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. MLBAM may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
- The Official Store ("Store"), Auction Feature ("Auctions"), Online Ticketing Feature ("Ticketing Feature") and Subscription Content Services (the "Services")
The Store in the Website allows you to order products supplied by independent merchandise vendors(the "Vendors"). Auctions allow you to purchase merchandise through an auction process (products purchased via the Store and Auctions collectively referred to as the "Merchandise"). The Ticketing Feature allows you to order tickets for Major League Baseball games supplied by the appropriate Major League Baseball Clubs.
The Services, depending on which you subscribe to, may allow you to: watch certain live and/or historic Major League Baseball game telecasts and/or post-game video clips and/or video clip compilations; listen to certain live and/or historic Major League Baseball game radio broadcasts; and/or receive Major League Baseball-related textual content. The Services are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
The Services are subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
Subscription activation for Services, and subsequent ability to access Services, are subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by MLBAM (e.g., your IP address). Programming, pricing, terms and conditions are subject to availability, change or cancellation, as applicable. Scheduled games may be cancelled or substituted when necessary. Applicable taxes are not included and are the responsibility of the subscriber. Blackout restrictions apply to Services which allow you to watch video of live games, including for MLB.TV, (A) during the regular MLB season, (i) if you are located within the applicable Major League Baseball team's home television territory or in Japan, and (ii) at present, due to the national exclusivity of ESPN and FOX, each Saturday until 7:00 PM EST (beginning May 17, 2003 and continuing for remaining Saturdays during the regular season), Sunday night (for games that begin after 5:00 PM EST) and Wednesday night (for games that begin after 5:00 PM EST), the scheduled webcast of that team's game will be blacked out; and (B) during the MLB postseason, if you live within the following nations or territories, webcasts of the games will be blacked out: United States, Guam, US Virgin Islands and Japan.
For these Services, you must submit your email address provided by either your Internet Service Provider or place of work. Email addresses provided by email services (e.g., Yahoo.com) will not be permitted. For example, clicking on a live MLB.TV link will perform and trigger a number of checks to make sure that you are located outside of the applicable blackout territory. Due to the foregoing blackout restrictions, you may be required to log in to each webcast (both for free and subscription fee webcasts) with a valid major credit card for address verification. In such a case, a temporary $1.00 authorization hold will be placed on your credit card, which will subsequently expire. You will not incur a charge for this authorization hold. IF YOU ATTEMPT TO CIRCUMVENT OR CIRCUMVENT ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND A CHARGE OF ONE HUNDRED DOLLARS ($100.00) FOR EARLY TERMINATION; YOU MAY BE SUBJECT TO LEGAL ACTION; AND MLBAM RESERVES THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. MLBAM AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR OR SERVICE PROVIDER, THE MERCHANDISE OFFERED BY THE VENDORS OR SERVICE PROVIDERS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE, AUCTIONS, THE TICKETING FEATURE OR THE SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICES, MERCHANDISE OR TICKETS. MLBAM reserves the right to modify the price of any Merchandise or Services. Neither MLBAM nor its service providers are responsible for any error in copy or images relating to Merchandise, Services or tickets.
Questions relating to the Store, merchandise and its fulfillment should be directed to MLBAM either by: (i) e-mail to firstname.lastname@example.org; or (ii) telephone to (866) 225-6457. Questions relating to Auctions should be directed to MLBAM by e-mail to email@example.com. Questions relating to the Ticketing Feature, tickets and their fulfillment should be directed to firstname.lastname@example.org. Questions relating to the Services should be directed to MLBAM by: (i) e-mail to email@example.com; or (ii) telephone to (866) 800-1275.
With respect to the sale of certain Merchandise through Auctions to residents of the State of California, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2001):
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.
- Votes; Contests; Sweepstakes
The Website may offer you opportunities to vote in connection with certain events including the All-Star Game and also to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms set forth on the Website applicable to the event as well as the terms of this Agreement.
The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other Web sites maintained by third parties, do not constitute an endorsement by MLBAM or any of its affiliates of any third party Web site or content. MLBAM is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.
- Disclaimer of Warranties
A. USE OF THE WEBSITE, THE SERVICES, TICKETS, AND MERCHANDISE ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL MERCHANDISE, TICKETS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. NEITEHR MLBAM NOR ITS SERVICE PROVIDERS WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE, THE MERCHANDISE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, THE MERCHANDISE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE.
- Limitations on Liability
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY MLBAM OR ANY ACT OR FAILURE TO ACT BY MLBAM, ITS SERVICE PROVIDERS OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.
B. IN NO EVENT SHALL MLBAM OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES, TICKETS OR MERCHANDISE.
C. IN NO EVENT SHALL MLBAM, ITS SERVICE PROVIDERS, ITS VENDORS OR ANY OTHER MLB ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, MERCHANDISE, TICKETS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MLBAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF MLBAM AND ITS SERVICE PROVIDERS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF MLBAM, ITS SERVICE PROVIDERS, ITS VENDORS AND ANY MLB ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE OR THE SERVICES IS $50.
D. IN NO EVENT SHALL MLBAM, ITS SERVICE PROVIDERS, OR ANY OTHER MLB ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE,
INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.
You hereby agree to indemnify and hold MLBAM and its service providers, MLB Advanced Media, Inc., MLB Online Services, Inc., Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., Baseball Television, Inc., MLB Media Holdings, Inc., MLB Media Holdings, L.P., the Office of the Commissioner of Baseball, the American and National Leagues of Professional Baseball Clubs, their constituent Clubs, and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives (collectively, the "MLB Entities") harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, the Services, Merchandise and/or tickets purchased via the Website; or (B) any alleged breach of this Agreement by you.
- Choice of Law; Jurisdiction; Attorneys' Fees
This Agreement will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within New York County, New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. MLBAM will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. MLBAM in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. Sections 7, 8, 9, 11, 12 and 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. MLBAM may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.