Use of the Official Website of Major League Baseball, which encompasses MLB.com, the Official Websites of the thirty (30) Major League Baseball ("MLB") Clubs and the Official Websites of certain other MLB-related properties (collectively, this "Website") and all products and services provided and/or distributed (whether via this Website or elsewhere) by MLB Advanced Media, L.P. ("MLBAM") are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other MLBAM-controlled products or services or MLBAM-operated interactive media locations will be referred to herein collectively as the "MLBAM Properties" and individually as an "MLBAM Property." By using this Website or the other MLBAM Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the MLBAM Properties.
Except for Submitted Content (defined below), the MLBAM Properties are either owned by or licensed to MLBAM. The applicable owners and licensors retain all rights to the MLBAM Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the MLBAM Properties 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 MLBAM Properties without first obtaining the written permission of MLBAM or otherwise as expressly set forth in the terms and conditions of the MLBAM Properties. The MLBAM Properties must not be used in any unauthorized manner.
You must not use the MLBAM Properties or Community Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of MLBAM or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts this Website or the other MLBAM Properties, imposes an unreasonable or disproportionately large load on this Website's or the other MLBAM Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other MLBAM Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent, inappropriate, constitutes hate speech, or which adversely affects MLBAM business or is otherwise objectionable in MLBAM's sole discretion; (iv) transmit, store or otherwise make available material which 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; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any information, software or other material of a commercial nature; (vii) transmit, store or otherwise make available material which contains advertising, promotions, "junk mail," "spam," "pyramid schemes," "chain letters" or solicitation of any kind; (viii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate players, management, employees of baseball, or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another's information, account, password, service or system except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit or debit card numbers; (xii) use automated scripts to collect information from or otherwise interact with this Website or the other MLBAM Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of any Community Features (defined below).
Third party text, photo, graphic, audio and/or video material, including that provided by Associated Press ("AP") (collectively, the "Third Party Materials"), contained on or incorporated in the MLBAM Properties shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. No third party provider, including without limitation AP, will 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 Third Party Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom 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.
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 or the other MLBAM Properties (the "Designated Agent"). All such notifications relating to this Website or the other MLBAM Properties must be a written communication and must include the following information:
Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to MLBAM's Designated Agent as follows:
MLBAM and its third-party providers ("Vendors") do not monitor, endorse, edit or screen your Submitted Content, although MLBAM and its Vendors reserve the right to do so, and neither MLBAM nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and MLBAM or between you and MLBAM's Vendors other than as expressly set forth in this Agreement. You acknowledge that MLBAM is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to MLBAM under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If MLBAM determines, in MLBAM's sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, MLBAM reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use this Website, the Community Features and/or the other MLBAM Properties; and/or (d) use any technological, legal, operational or other means available to MLBAM to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this Website, the Community Features or on the other MLBAM Properties.
You are solely responsible for your interactions with other users of the MLBAM Properties. You may use various features (e.g., the "Report Violation" feature in the Options menu button within a Discussion string on our Message Boards or the "Report any abuse or spam" hotlink within a blog or comment section within MLBlogs) of certain Community Features to report violators. We reserve the right, but have no obligation, to monitor disputes between you and other users.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to MLBAM a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
The MLB.com Shop allows you to order products supplied by independent merchandise Vendors. MLB.com Auctions allows you to purchase merchandise through an auction process. Products purchased via the MLB.com Shop and MLB.com Auctions are collectively referred to herein as "Merchandise." From the Ticketing sections of certain MLBAM Properties, you can, among other things, purchase tickets for MLB games supplied by MLB and/or the applicable MLB Club(s) ("Tickets"). Via certain MLBAM Properties, you can subscribe to or download audio, video and audiovisual content, fantasy and other games and other products and services (collectively, "Services"). In addition, you can buy MLBAM products and services from locations other than this Website or the other MLBAM Properties (e.g., via third party storefronts, including, without limitation, wireless carriers, online music and/or video download and streaming sites, video game console services, third party websites, etc.) (collectively, "Third Party Sales Locations").
ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. MLBAM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE MLBAM PROPERTIES, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS, MERCHANDISE, TICKETS OR SERVICES.
The Services and all other products offered via the MLBAM Properties are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
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.
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.
In addition, note:
This Website and other MLBAM Properties 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 this Website and/or the other applicable MLBAM Properties applicable to the event as well as the terms of this Agreement.
This Website and the other MLBAM Properties may contain links and pointers to other World Wide Web sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from this Website and/or MLBAM Properties from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties, do not constitute an endorsement by MLBAM or any other MLB Entity of any such third party website 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 the website administrator or Webmaster of the applicable third-party website or location.
You hereby agree to indemnify and hold 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 this Website, the other MLBAM Properties, the products, Merchandise, Tickets and/or Services purchased via this Website or the other MLBAM Properties; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the "MLB Entities" shall mean MLBAM, the Office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., Tickets.com, Inc., SportsOnEarth, LLC, the Major League Baseball Clubs, and each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Major League Baseball Clubs or the Office of the Commissioner of Baseball, and the directors, officers, employees and agents of the above entities.
MLBAM may change, suspend or discontinue any aspect of this Website or the other MLBAM Properties at any time, including the availability of any product, Merchandise offering, Ticket offering, Service, feature, database or content. MLBAM may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the MLBAM Properties without notice or liability at any time in MLBAM's exclusive discretion, without prejudice to any legal or equitable remedies available to MLBAM, for any reason or purpose, including, but not limited to, conduct that MLBAM believes violates this Agreement or other policies or guidelines posted on this Website or via other MLBAM Properties or conduct which MLBAM believes is harmful to other customers, to MLBAM's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by MLBAM in its sole discretion. In addition and without prejudice to any other remedy available to MLBAM, MLBAM may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by MLBAM in the MLBAM Properties.
Except for the arbitration undertaking provided for in Section 12, below, this Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of New York applicable to contracts entered into and performed exclusively in that State.
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 this Website or the other MLBAM Properties after such amendment is posted on this 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 THIS WEBSITE AND/OR THE OTHER MLBAM PROPERTIES, 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 this Website and/or the other MLBAM Properties. MLBAM may change the terms of this Agreement at any time, and your use of this Website and/or the other MLBAM Properties after such changes are posted will mean that you accept them.
Under California Civil Code Section 1789.3, California users of this Website and the other MLBAM Properties are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.