INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS
MLB Advanced Media, L.P. ("MLBAM") , is the organization that produces the Official Website of MLBAM.com ("MLBAM.com Website") and MLBAM in conjunction with a third party ("MLBAM.com Partner") produce a number of other websites operated by MLBAM and located within the MLBAM.com domain ("Third Party MLBAM.com Websites" and collectively with the MLBAM.com Website the "Website"). Use of this Website and all products and services provided and/or distributed (whether via this Website or elsewhere) by MLBAM are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other MLBAM.com products or services or MLBAM.com interactive media locations, will be referred to herein collectively as the "MLBAM.com Properties" and individually as an "MLBAM.com Property." By using this Website or the other MLBAM.com 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.com Properties.
The MLBAM.com Properties are either owned by or licensed to MLBAM. The applicable owners and licensors retain all rights to the MLBAM.com Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the MLBAM.com 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.com Properties without first obtaining the written permission of MLBAM or otherwise as expressly set forth in the terms and conditions of the applicable MLBAM.com Properties. The MLBAM.com Properties must not be used in any unauthorized manner. In some instances, this Agreement and a separate end user license agreement or similar agreement will apply to the MLBAM.com Properties. By using this Website or the other MLBAM.com Properties you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by the terms and conditions.
You must not use the MLBAM.com Properties to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of MLBAM.com 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.com Properties, imposes an unreasonable or disproportionately large load on this Website's or the other MLBAM.com Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other MLBAM.com 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's 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 card numbers; and (xii) use automated scripts to collect information from or otherwise interact with this Website or the other MLBAM.com Properties.
MLBAM.com Partner and other 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.com 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.
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 or the other MLBAM.com Properties (the "Designated Agent"). All such notifications relating to this Website or the other MLBAM.com Properties must be a written communication and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MLBAM to locate the material.
D. Information reasonably sufficient to permit MLBAM to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to MLBAM.com Website and Third Party MLBAM.com Websites' Designated Agent as follows:
Service Provider: MLB Advanced Media, L.P.MLB Advanced Media, L.P.
Full Address of Designated Agent to Which Notification Should Be Sent:
75 Ninth Avenue
New York, NY 10011
United States of America
Facsimile Number of Designated Agent: (212) 485-8111
E-mail Address of Designated Agent: email@example.com
This Website and the other MLBAM.com Properties may contain links and pointers to other World Wide Web sites and resources. Links to and from this Website and/or MLBAM.com Properties from or to websites or locations maintained by third parties do not constitute an endorsement by MLBAM.com 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 this Website administrator or Webmaster of the applicable third party website or location.
DISCLAIMER OF WARRANTIES
A. USE OF THIS WEBSITE, ALL OTHER MLBAM.COM PROPERTIES AND THE PRODUCTS AND SERVICES INCLUDED HEREIN AND THEREIN 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 MLBAM.COM, THIS WEBSITE, THE OTHER MLBAM.COM PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO ALL PRODUCTS 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. MLBAM AND EACH MLBAM.COM PARTNER DO NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER MLBAM.COM PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER MLBAM.COM PROPERTIES OR THE PRODUCTSOR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER MLBAM.COM PROPERTIES, THE PRODUCTSOR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER MLBAM.COM PROPERTIES, THE PRODUCTSOR SERVICES WILL BE ACCURATE OR RELIABLE.
LIMITATIONS ON LIABILITY
A. IN NO EVENT SHALL MLBAM OR AN MLBAM.COM PARTNER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE OR THE OTHER MLBAM.COM PROPERTIES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MLBAM OR AN MLBAM.COM PARTNER HAVE 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 AN MLBAM.COM PARTNER IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF MLBAM OR AN MLBAM.COM PARTNER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR THE OTHER MLBAM.COM PROPERTIES IS $50.
B. IN NO EVENT SHALL MLBAM OR AN MLBAM.COM PARTNER BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER MLBAM.COM PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
You hereby agree to indemnify and hold the MLBAM and the MLBAM.com Partners 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 and/or the other MLBAM.com Properties; or (B) any alleged breach of this Agreement by you.
MLBAM may change, suspend or discontinue any aspect of this Website or the other MLBAM.com Properties at any time, including the availability of any product, feature, database or content. MLBAM.com may also impose limits on certain such products and features or restrict your access to parts, or the entirety, of the MLBAM.com Properties without notice or liability at any time in MLBAM's exclusive discretion, without prejudice to any legal or equitable remedies available to MLBAM.com, for any reason or purpose, including, but not limited to, conduct that MLBAM.com believes violates this Agreement or other policies or guidelines posted on this Website or via the other MLBAM.com 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.com Properties.
CHOICE OF LAW
Except for the arbitration undertaking provided for in Section 9, 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.
ARBITRATION; CONSENT TO JURISDICTION IN NEW YORK; ATTORNEYS' FEES
A. Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and MLBAM.com waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in New York County, New York, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement.
B. Subject to the limitations set forth below in this Section 9.B, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of New York, provided that:
- The arbitrator shall not have authority to award punitive damages; and
- Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and MLBAM.com agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
C. For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within New York County, New York (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and MLBAM.com waive any and all rights to trial by jury with respect to any Claims.
D. In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section 9, or initiates a proceeding involving a Claim under Section 9.C other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this agreement to arbitrate and the Forum to which the parties have herein agreed.
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.com in its sole discretion may amend this Agreement, and your use of this Website or the other MLBAM.com Properties after such amendment is posted on this Website will constitute acceptance of it by you. Sections 4, 5, 6, 8, 9, 10 and 11 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.COM 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.com Properties. MLBAM may change the terms of this Agreement at any time, and your use of this Website and/or the other MLBAM.com Properties after such changes are posted will mean that you accept them.
NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of this Website and the other MLBAM.com 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.
LAST UPDATED: SEPTEMBER 23, 2013