MESSAGE
| DATE | 2004-06-27 |
| FROM | From: "Ruben I Safir - Secretary NYLXS"
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| SUBJECT | Subject: [hangout] So yah want to see a ballgame from MLB?
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Website Terms of Use Agreement
Use of the Official Website of Major League Baseball (the "Website") is
subject to the following terms of use:
1. 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(collectively, the "AP Materials") shall not be published, broadcast,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 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.
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
Telephone Number of Designated Agent: (212) 485-3452
Facsimile Number of Designated Agent: (212) 485-3456
E-mail Address of Designated Agent: legal-at-website.mlb.com
2. 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. 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 select a screen name ("Screen Name") for identification purposes. You
must not use any Screen Name that violates any term of subsections (i)-(x)
above, or any other operating term set forth by MLBAM.
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.
3. 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.
4. Terms of Sale
Sales from the Official Store ("Store"), Auction Feature ("Auctions"), and
Online Ticketing Feature ("Ticketing Feature"), and sales of Subscription
Content Services (the "Services") are subject to the following terms and
conditions:
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.
ALL ORDERS 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 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. MLBAM is not
responsible for any error in copy or images relating to Merchandise, Services
or tickets. Any auction may be discontinued at any time in MLBAM's sole
discretion.
Gift Certificates. Within the Store, there may be an opportunity for you to
purchase and/or redeem gift certificates (each, a "Gift Certificate). Gift
Certificates are redeemable solely for purchases in the Store. All Gift
Certificates are denominated in U.S. Dollars. Gift Certificates are valid
until redeemed or abandoned. MLBAM is not responsible for lost or stolen Gift
Certificates. The value of a Gift Certificate that is lost, stolen, destroyed,
altered or used without your permission will not be replaced or refunded.
MLBAM will not honor Gift Certificates obtained by fraud or theft. Gift
Certificates are not redeemable for cash. If the value of your Gift
Certificate is greater than the amount of your total purchase, you will be
able to use the remaining Gift Certificate balance for future purchases,
subject to these terms of use. If the value of your Gift Certificate is less
than the amount of your total Store purchase, you must use a credit card in
order to complete your purchase.
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.
Purchasing; Price; Payment. In order to purchase Merchandise, the Services or
tickets on the Website, you must provide complete and accurate personal
information consisting of your name, address, telephone number, e-mail
address, credit card information and shipping address. (The Website's Privacy
Policy explains how such information may be collected and used.) Your ability
to purchase Merchandise and Services is subject to limits established by your
credit card issuer. You must notify us 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 or tickets is
ordered or shipped, and the appropriate Major League Baseball Club or our
ticketing vendor may bill your credit card at the time your tickets are
ordered or shipped. Any special order or customized/personalized products will
be billed immediately after the order is received. 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, its Vendor nor any MLB Entity is
responsible for and must not be held liable for any breaches in transaction
security by any third party.
The Services, depending on which you subscribe to, may allow you to, among
other things: 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.
Except as otherwise provided in these terms or in MLBAM’s offers for Services,
your subscription to Services is provided on a monthly basis and will continue
until you cancel it. You may cancel it by calling MLB.com Customer Service
toll free in the U.S. at (866) 800-1275. By accepting these terms, 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 are subject to
availability and change.
Subscription activation for Services, and subsequent ability to access
Services, 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, 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 22, 2004 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.
5. 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.
6. Linking
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.
7. 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. MLBAM 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.
8. 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 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 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 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 IN SUCH JURISDICTIONS SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF MLBAM, 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 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.
9. Indemnification
You hereby agree to indemnify and hold MLBAM, 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.
10. Termination
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 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 these Terms of Use or
other policies or guidelines posted on the Website or conduct which MLBAM
believes is harmful to other customers, to the 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 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, 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.
LAST UPDATED: March 30, 2004
--
NYLXS - New Yorks Free Software Scene
____________________________
NYLXS: New Yorker Free Software Users Scene
Fair Use -
because it's either fair use or useless....
NYLXS is a trademark of NYLXS, Inc
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