MLBAM Terms of Use Agreement

PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER MLBAM PRODUCT OR SERVICE.

TABLE OF CONTENTS

1. Introduction; General; Ownership; Prohibitions
2. Notice and Procedure for Making Claims of Copyright Infringement
3. Community Features
4. Special Terms and Conditions Applicable to Sales; Customer Service Contact Information
5. Votes, Contests, Sweepstakes
6. Linking
7. Disclaimer of Warranties
8. Limitations on Liability
9. Indemnification
10. Termination
11. Choice of Law; Jurisdiction; Attorneys' Fees
12. Miscellaneous
13. Acceptance of Terms of Use
14. Notice for California Consumers

1. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS
Use of the Official Website of the  Baltimore Orioles, which encompasses MLB.com and the Official Websites of the thirty (30) Major League Baseball ("MLB") Clubs (collectively, the "Website") and all products and services provided and/or distributed (whether via the Website or elsewhere) by MLB Advanced Media, L.P. ("MLBAM") ((1) the Website, (2) all materials contained or distributed in the Website, and (3) all such products and services shall be collectively referred to herein as the "MLBAM Properties" and any such individual property as an "MLBAM Property") are subject to this Agreement. By using this Website or any other MLBAM Property 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 User-Generated 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 such MLBAM Property. The MLBAM 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 a MLBAM Property. By using the Website or any other MLBAM Property 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 any MLBAM Property or Community Feature 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 the Website or any other MLBAM Property, imposes an unreasonable or disproportionately large load on the Website's or any other MLBAM Property's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website or any other MLBAM Property; (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 card numbers; (xii) use automated scripts to collect information from or otherwise interact with the Website or any other MLBAM Property; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the Community Features.

Associated Press ("AP") text, photo, graphic, audio and/or video material (collectively, the "AP Materials") contained on or incorporated in any MLBAM Property 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 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.

2. 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 any other MLBAM Property (the "Designated Agent"). All such notifications relating to this Website or any other MLBAM Property 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's Designated Agent at the following:

Service Provider: 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

Telephone Number of Designated Agent: (212) 652-1690

Facsimile Number of Designated Agent: (212) 485-8111

E-mail Address of Designated Agent: legal@website.mlb.com

3. COMMUNITY FEATURES
The MLBAM Properties may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material (collectively, the "Submitted Content") in connection with various features including, but not limited to, profiles, forums, bulletin boards, wiki, vanity email, auctions, contests, games, blogs, audio and/or video submissions, message boards, Q&A features and chat features (collectively, the "Community Features"). You are solely responsible for your Submitted Content and must use Community Features in a responsible manner.

In order to participate in Community Features, you may be asked to register an account by providing certain personal information such as your name and/or email address. The MLBAM Privacy Policy explains how such information may be collected and used. In consideration of your use of the MLBAM Properties, you agree (a) to provide accurate, current and complete information about you as may be prompted by any registration forms ("Registration Data"); (b) to maintain the security of your password and identification; (c) to maintain and promptly update the Registration Data, and any other information you provide to MLBAM, to keep it accurate, current and complete; (d) not to sell, transfer or assign your account; and (e) to be fully responsible for all use of your account and for any actions that take place using your account.

MLBAM and its third-party providers (the "Vendors") do not monitor, endorse, edit or screen your Submitted Content, although MLBAM and its Vendors reserve the right to do so, and MLBAM or its Vendors shall not 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 no have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content to this Website or via any other MLBAM Property, 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. 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 MLBAM Properties. You represent that your Submitted Content is an original work by you or 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 does 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 the 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 the Website or on any other MLBAM Property.

You are solely responsible for your interactions with other users of the MLBAM Properties. You may use the "Report Violations" feature in certain Community Features "Options" section to report violators. We reserve the right, but have no obligation, to monitor disputes between you and other users.

By transmitting your Submitted Content, 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.

4. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION
The MLB.com Shop allows you to order products supplied by independent merchandise Vendors. MLB.com Auctions allow you to purchase merchandise through an auction process (products purchased via the MLB.com Shop and MLB.com Auctions collectively referred to as the "Merchandise"). From the Ticketing sections of the Website, you can, among other things, buy tickets for Major League Baseball games supplied by the applicable Major League Baseball Club(s). From certain sections of the Website, you can buy subscriptions to or downloads of audio, video and audiovisual content (collectively, the "Services"). From the Fantasy section of the Website, you can, among other things, subscribe to fantasy baseball games. In addition, you can buy MLBAM products and services from locations other than the Website (e.g., via third party storefronts (e.g., 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 SHOP, AUCTIONS, TICKETING, AUDIO AND VIDEO, MOBILE OR FANTASY SECTIONS, OTHER MLBAM PROPERTIES, OR THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE, MERCHANDISE OR TICKETS.

MLBAM reserves the right to modify the price of any Merchandise, ticket, product, Service or any other MLBAM Property. MLBAM is not responsible for any error in copy or images relating to Merchandise, tickets, products, Services or any other MLBAM Property. Any auction or offer to sell any Merchandise, ticket, product, Service or any other MLBAM Property, may be discontinued at any time in MLBAM's sole discretion.

With respect to Merchandise offered and/or sold via the MLB.com Shop, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process (with the exception of any special order or customized/personalized products, which will be billed immediately after the order is received). Despite our best efforts, a small number of the items in the MLB.com Shop or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following:

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

With respect to the sale of certain Merchandise through MLB.com 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.

With respect to the sale of certain Merchandise on the Website, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006):
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.

The certificates of authenticity referenced above will be provided in the form of a certificate of authenticity or as a unique hologram affixed to the item itself. Each hologram bears a unique tamper-proof identification number that upon entry in Major League Baseball's database will provide the name of the signer and the date the item was signed. Each item and its unique identification number is processed and posted on the official program pages, which are accessible through the Shop.

Should you have any questions about the purchase of Merchandise, please call MLB.com Shop Customer Service at 888-MLB-SHOP (888-652-7467) within the U.S., or e-mail customerservice@website.mlb.com.

Should you have any questions about the purchase of subscription Services, please call 866-800-1275 within the U.S. and 512-434-1542 outside the U.S., or e-mail cssubscriptionfeedback@website.mlb.com.

Should you have any questions about the purchase of downloadable mobile or wireless content, please e-mail mobilecs@mlb.com.

Purchasing; Price; Payment
In order to purchase Merchandise, tickets, products, or Services on the Website or via Third Party Sales Locations, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit card information and shipping address. (The MLBAM Privacy Policy explains how such information may be collected and used.). Your ability to purchase Merchandise, tickets, products, Services and/or other MLBAM Properties is subject to limits established by your credit card issuer. You must notify MLBAM immediately of any change in your credit card information, including any change to your home address. MLBAM may bill your credit card at the time the Services, Merchandise, tickets or other MLBAM Properties are ordered or shipped, and the appropriate Major League Baseball Club or Vendor may bill your credit card at the time your tickets are ordered or shipped. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. MLBAM may in its sole discretion decline service to or terminate any account. Neither MLBAM, nor any other MLB Entity (defined in Section 9 below), nor any Vendor or any operator of any Third Party Sales Location is responsible, and must not be held liable, for any breaches in transaction security by any third party.

By purchasing any product, Service or other MLBAM Property via the Website, you acknowledge and agree that your credit card is being charged by the payment processor of MLBAM, the operator of such product or service. For purposes of this Agreement, such payment processor will be referred to as a "Vendor."

By utilizing a credit or debit card for purchase of any product, Service or other MLBAM Property, you authorize MLBAM to charge such card on the specified periodic basis (e.g., once per month for monthly Services) the amount described on the applicable Service or Services' purchase path(s).

The Services and all other 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.

The Services are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

Billing, Automatic Renewal and Refund Policies for Certain Services
For certain Services billed on a monthly basis (e.g., MLB.TV Premium Monthly and MLB.TV Monthly subscriptions), the term begins when you purchase and ends on October 31 of that year, with monthly billing during each month of March-October at the then prevailing monthly rate. The subscription will automatically renew on March 1 of each subsequent year and end on October 31 of each subsequent year, with monthly billing resuming during each month of March - October at the previous year's rate, unless you signified otherwise in accordance with the applicable instructions. To cancel your monthly subscription or this automatic renewal feature, send an e-mail to cssubscriptionfeedback@website.mlb.com or call MLB.com Customer Service at 866-800-1275 within the US, and 512-434-1542 outside the US. Cancellation will become effective as of the next monthly billing cycle following receipt.

For Services billed on a yearly basis (e.g., MLB.TV Premium Yearly, MLB.TV Yearly and MLB.com Gameday Audio Yearly subscriptions), the term begins when you purchase and ends on the last day of February of the next year, with one-time billing immediately following your purchase. The subscription will automatically renew on March 1 of the next year at the previous year's rate, unless you signified otherwise in accordance with the applicable instructions. To cancel this automatic renewal feature send an e-mail to cssubscriptionfeedback@website.mlb.com or call MLB.com Customer Service toll free within the U.S. at 866-800-1275, and 512-434-1542 outside the US.

Refund Policies for Certain Subscription Services
In order to provide the highest customer satisfaction possible, MLBAM will refund the paid purchase price of a:

Yearly subscription: if you request a refund within ten (10) days after the later to occur of: (i) your subscription purchase date or (ii) the date you first view or listen to live subscription content.

Monthly subscription: if you request a refund within five (5) days after the later to occur of: (i) your subscription purchase date or (ii) the date you first view or listen to live subscription content.

Of course, should you wish to cancel your subscription at any time, you may contact MLB.com Customer Support toll free within the U.S. at (866) 800-1275, and 512-434-1542 outside the US or via e-mail at cssubscriptionfeedback@website.mlb.com. If such cancellation occurs outside of the prescribed time periods for a refund set forth above, then your cancellation will be effective as follows:

Yearly subscription: Cancellation of each yearly term after (and not including) the term of the year during which you cancel. NOTE: Each yearly term concludes on February 28 of each subsequent year.

Monthly subscription: Cancellation of every 30-day period after (and not including) the 30-day period during which you cancel. In no event will MLBAM provide pro-rated refunds.

In the event that you are an existing customer who purchased an MLB.com subscription Service under the terms of a different refund policy, the terms of the policy in place on the date of your purchase will continue to apply to your subscription. Should you have any questions about which policy applies to your subscription, please contact MLB.com Customer Support toll free in the U.S. at (866) 800-1275, and 512-434-1542 outside the US or via e-mail at cssubscriptionfeedback@website.mlb.com.

By accepting this Agreement, you agree that MLBAM may notify you about changes to prices or services by sending an e-mail message to your e-mail address on file with MLBAM, and by publishing such notices from time to time on the informational page(s) of the website applicable to the Services. It is your responsibility to notify MLBAM of any change in your e-mail address by logging into MLB.com and using the online account management tool.

Programming, pricing, terms and conditions of Services and other MLBAM Properties are subject to availability and change.

Blackout Restrictions
Subscription activation for Services and other MLBAM Properties, and subsequent ability to access Services and other MLBAM Properties, may be 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). 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 depending on the date of the game, your location and local, national and international broadcast exclusivities. Specifically:
UNITED STATES (INCLUDING THE TERRITORIES OF GUAM AND THE U.S. VIRGIN ISLANDS) AND CANADA

Regular Season Local Live Blackout: All live games on MLB.TV are subject to local blackouts. Such live games will be blacked out in each applicable Club's home television territory (except for certain home television territories for which MLB.com may offer in-market subscription services). If a game is blacked out in an area, it is not available for live game viewing. Each game will be available 45 minutes after the conclusion of the game as an archived game (archived games are blackout free).

In addition, note:

• These blackout restrictions apply regardless of whether a Club is home or away and regardless of whether or not a game is televised in a Club's home television territory.
• All live Toronto Blue Jays games are blacked out throughout the entire country of Canada.
• Additional teams may also be subject to blackout in parts of Canada based on their region.
• All live games will be blacked out in the U.S. territories of Guam and the U.S. Virgin Islands during the MLB regular season. To find out which Club's live games are blacked out of the area where you will be watching the game, enter the zip code of that area here and click "Go".

Regular Season Weekend U.S. National Live Blackout: Due to Major League Baseball exclusivities, live games occurring each Saturday with a scheduled start time after 1:10 PM ET or before 7:05 PM ET and each Sunday with a scheduled start time after 5:00 PM ET, will be blacked out in the United States (including the territories of Guam and the U.S. Virgin Islands). Live Audio of such games is available as part of any MLB.TV subscription or as part of the MLB.com Gameday Audio Package. Each game will be available 45 minutes after the conclusion of the game as an archived game (archived games are blackout free).

Postseason Live Blackout: Due to Major League Baseball exclusivities, during the MLB Postseason, all live games will be blacked out in the United States (including the territories of Guam and the U.S. Virgin Islands) and Canada. Live Audio of MLB Postseason games is available as part of any MLB.TV subscription or as part of the MLB.com Gameday Audio Package. Each game will be available 45 minutes after the conclusion of the game as an archived game (archived games are blackout free).

For these Services, you must submit your email address provided by either your Internet Service Provider or place of work. 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 CIRCUMVENT, OR ATTEMPT TO 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.

SHARING OF PASSWORDS TO ANY MLBAM PROPERTY IS STRICTLY FORBIDDEN. IN ADDITION TO THE RIGHTS AND REMEDIES AVAILABLE TO MLBAM AS SET FORTH IN THE PREVIOUS PARAGRAPH, MLBAM RESERVES THE RIGHT TO CHARGE USERS THE FULL SUBSCRIPTION FEE FOR EACH INDIVIDUAL WITH WHOM THE USER HAS SHARED HIS/HER PASSWORD.

5. VOTES; CONTESTS; SWEEPSTAKES
The 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 the Website and/or the applicable MLBAM Properties applicable to the event as well as the terms of this Agreement.

6. LINKING
The Website and other MLBAM Properties may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website and/or MLBAM Properties from or to other websites or locations maintained by third parties, do not constitute an endorsement by MLBAM or any other MLB Entity of any 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 its website administrator or Webmaster.

7. DISCLAIMER OF WARRANTIES
A. USE OF THE WEBSITE, THE SERVICES, TICKETS, MERCHANDISE AND ALL OTHER MLBAM PROPERTIES, 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 AND/OR THE APPLICABLE VENDOR, THE WEBSITE, THE OTHER MLBAM PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED THEREIN, 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. MLBAM DOES NOT WARRANT THAT: (1) THE WEBSITE, THE SERVICES OR ANY OTHER MLBAM PROPERTY WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE, SERVICES OR ANY OTHER MLBAM PROPERTY WILL BE CORRECTED; (3) THE WEBSITE, MERCHANDISE, SERVICES OR ANY OTHER MLBAM PROPERTY WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, MERCHANDISE, SERVICES OR ANY OTHER MLBAM PROPERTY WILL BE ACCURATE OR RELIABLE.

8. LIMITATIONS ON LIABILITY
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERM AND CONDITION OF ANY MLBAM PROPERTY OR ANY ACT OR FAILURE TO ACT BY MLBAM OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL CONTENT YOU TRANSMIT VIA THE WEBSITE.

B. IN NO EVENT SHALL MLBAM 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, ANY OTHER MLB ENTITY OR ANY VENDOR 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 OR OTHER MLBAM PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR 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 IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF MLBAM, ANY OTHER MLB ENTITY OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE, THE SERVICES, OR ANY OTHER MLBAM PROPERTY IS $50.

D. IN NO EVENT SHALL MLBAM OR ANY OTHER MLB ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE OR ANY OTHER MLBAM PROPERTY, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.

9. INDEMNIFICATION
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 the Website, the MLBAM Properties, the Services, Merchandise and/or tickets purchased via the Website or any other MLBAM Property; 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.

10. TERMINATION
MLBAM may change, suspend or discontinue any aspect of the MLBAM Properties at any time, including the availability of any feature, product, service, database, or content. MLBAM may also impose limits on certain products and services or restrict your access to parts or the entire 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 the Website 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.

11. 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.

12. MISCELLANEOUS
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 or any other MLBAM Property 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.

13. ACCEPTANCE OF TERMS OF USE
BY USING THE WEBSITE AND/OR ANY OTHER MLBAM PROPERTY, 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 and/or any other MLBAM Property. MLBAM may change the terms of this Agreement at any time, and your use of the Website and/or any other MLBAM Property after such changes are posted will mean that you accept them.

14. NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of the 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.