Website Terms of Use Agreement
PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE.

Use of the Major League Baseball Desktop Website (the "Website") is subject to this Agreement as follows:

1. Website Ownership
The Website is owned by Major League Baseball ("MLB"). All materials contained or distributed in the Website (the "Materials") are either owned by or licensed to MLB. The applicable owners and licensors retain all rights to the Materials, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. 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 MLB. Materials must not be used in any unauthorized manner.
Notices and Attribution. Associated Press ("AP") text, photo, graphic, audio and/or video material (collectively, the "AP Materials") shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium.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 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. Corporate, governmental and institutional users may use portions of the AP Materials for internal printed communications and memoranda.

2. Message Features
Participation. The Website may offer opportunities for you to transmit messages in connection with various features including, but not limited to, vanity email, auctions, contests, games, blogs, video submissions 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, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (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; or (ix) contains material irrelevant to the subject matter of the Message Feature. In order to participate in any Message Feature, you may be asked to register by providing certain personal information such as your name and/or email address. (The Website's Privacy Policy explains how such information may be collected and used.) You may also be asked to select a screen name ("Screen Name") for identification purposes. You must not use any Screen Name that violates any term of subsections (i)-(ix) above, or any other operating term set forth by MLB.
License. By transmitting any Message or Screen Name, you are granting MLB 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. MLB and its third-party providers (the "Vendors") act as a passive conduit in connection with your use of Message Features. However, MLB 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 on a temporary or permanent basis. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by MLB or its Vendors.
You acknowledge that Messages and Screen Names are not confidential and that they may be read, intercepted by others and widely accessible on the World Wide Web, and that you no have no expectation of privacy with regard to any such submission. You acknowledge that by submitting Messages and/or Screen Names to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and MLB and its Vendors other than as expressly set forth in this Agreement. You acknowledge that MLB is not responsible for, and cannot and does not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Website.
3. MLB may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. MLB may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

4. Linking
The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website from or to other websites maintained by third parties, do not constitute an endorsement by MLB or any other MLB Entity of any third party website or content. MLB 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.

5. 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 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. MLB DOES NOT 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.
6. Limitations on Liability
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY MLB OR ANY ACT OR FAILURE TO ACT BY MLB 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 MLB 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 MLB, 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 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 MLB 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 MLB IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF MLB, ANY OTHER MLB ENTITY OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE OR THE SERVICES IS $50.
D. IN NO EVENT SHALL MLB 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 WEBSITE FEATURE.

7. 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 Services, Merchandise and/or tickets purchased via the Website; 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. (doing business in its own name and as Major League Baseball Productions), 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 and employees of the above entities.

8. Termination
MLB may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. MLB may also impose limits on certain features and Services or restrict your access to parts or the entire Website without notice or liability at any time in MLB's exclusive discretion, without prejudice to any legal or equitable remedies available to MLB, for any reason or purpose, including, but not limited to, conduct that MLB believes violates this Agreement or other policies or guidelines posted on the Website or conduct which MLB believes is harmful to other customers, to MLB's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by MLB in its sole discretion. In addition and without prejudice to any other remedy available to MLB, MLB may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by MLB.

9. 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. MLB 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.

10. 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. MLB 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 5, 6, 7, 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.

11. Acceptance of Terms of Use 
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. MLB 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.

LAST UPDATED: May 31, 2007

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