MLB® ADVANCED MEDIA PRIVACY POLICY

MLB® Advanced Media, L.P. is the organization that produces the Official Website of Major League Baseball (the "Website"). We are committed to safeguarding your privacy online. This Privacy Policy is applicable to this Website.

General

You can visit and enjoy our Website without disclosing any personal information about yourself. However, we offer some special services, and for these services to work properly we will need you to share with us certain personal information about yourself. The personal information we collect may include, but is not limited to, first and last name, street address, e-mail address, telephone number (e.g., home, work, mobile and/or fax), and birthdate. We may also collect other personal information that will be identified on the applicable page(s) of the Website. If you submit any personal information to us, or to our third party service providers acting on our behalf, you can be assured that we will not sell, lease, or share your personal information with or to anyone else, except as follows: (1) to our third party service providers, and only so that they may help us provide the services you've requested and in certain circumstances to provide you with ticket related offers; (2) to one or more Major League Baseball Clubs, to the extent that you've submitted information that relates specifically to them (e.g., you've asked to receive the newsletter of one or more Clubs via email; or you've purchased Club-specific merchandise from the store), so that they may learn more about fans like you, and provide better services to you; (3) upon notice posted on an applicable location of our Website where we collect your personal information for an economic transaction and notify you that we will be sharing such information with a third party (i.e., ESPN.com), where such third party is clearly identified; and (4) on occasion, we may offer a special promotion (such as a sweepstakes, contest, fantasy baseball or a free subscription to goods and services) on the Website in conjunction with a third party service provider, sponsor or promotional partner, and share your information with that sponsor or promotional partner so that it can send you other special promotions it offers, but only if you give us permission to do so.

Special Offers and Promotions. With your permission, we may also send you e-mails with special offers and promotions. If you don't want to receive these, you may change your preferences.

Information Automatically Collected. We use automatic methods such as cookies (small amounts of data, which often includes an anonymous unique identifier that is sent to your browser from a Website's computers and stored on your computer's hard drive) and single-pixel GIF images alone or in combination with personally identifiable information you choose to provide us, to make our Website work better, to understand Website usage and trends, deliver a more personalized experience and to improve our content and offerings. Examples of the information we collect and analyze using such methods include, without limitation, the Internet protocol (IP) address used to connect your computer to the Internet; e-mail address; login name and password; type and version, operating system, and platform; purchase history, which we may aggregate with similar information from other customers; the full Uniform Resource Locator (URL) clickstream to, on, and from our Website, including date and time; cookie information; products you viewed or searched for; and your purchase history. We may also use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

We may use also to enable you to use a "shopping cart" if you want to purchase goods or services while on our Website, and to offer you products, programs, or services based on purchase and Website usage behavior that you and/or other customers have exhibited. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to accept or reject cookies. If you set your browser not to accept cookies, you may not be able to take advantage of certain services on our Website.

We do not transfer cookies associated with our Website to any other company, nor do we authorize any other company to access the cookies we have placed on your computer's hard drive. We may allow other companies that are presenting advertisements or providing services on our pages to set and access cookies on your computer. Those companies' use of cookies will be covered by their own privacy policies, not ours.

We do not install any spyware or adware in connection with our Website, or distribute any commercial message, or authorize any third party to distribute any commercial message, by means of spyware or adware. "Spyware" or "adware" is any software which has been downloaded to and/or installed on an Internet user's computer, without the user's actual consent, and facilitates the distribution of any commercial message to the user. If you feel you may have spyware from another company installed on your machine, there are various anti-spyware/adware software applications available on the Internet to identify if this has occurred.

We use a third-party advertising company to serve ads when you visit certain pages of our Website. This company may use aggregated information (not including your name, address, email address or telephone number) about your visits to our Website in order to provide advertisements about goods and services of interest to you. If you would like more information about the information collection practices of this third-party advertising company, click here.

Aggregated Demographic Information. We may share aggregated demographic information with third parties, but this information is not linked to any personal information that can identify you or another individual person. Therefore, no personal information is disclosed in this manner.

Business Transfers. As time passes, MLB Advanced Media, L.P. may be sold along with its assets, or other transactions may occur in which customer information is one of the business assets transferred. In such a case, the customer information which we have gathered may be one of the business assets we transfer.

Disclosure for Legal Purposes. The law requires that we may be required to share your personal information and non-personal information (see "Cookies" section above for examples of non-personal information) pursuant to judicial or governmental subpoenas, warrants or orders. If we are required to do so, we will, of course, obey the law. In addition, notwithstanding any term to the contrary in this Privacy Policy, we reserve the right to use and disclose share your personal and non-personal information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this Website's Terms of Use, or as otherwise required by law.

Our Security Practices

Your preferences are password protected for your privacy and security. In certain areas, we use industry-standard SSL encryption to protect data transmissions.

How You Can Review Your Personal Information

If you want to review or revise the personal information you provided during registration on the Website, and whether you want to receive communications from us, you can either (1) click here to log in, and then click on the applicable menu option on the left side of the page, or (2) call MLB.com Customer Service at 866-800-1275. If you want to close your account with us and have us delete the personal information in it (except for information that we keep for record-keeping purposes), you should contact MLB.com Customer Service at 866-800-1275.

Choice

Our registration and order forms contain a box for you to indicate whether or not you consent to receive special offers and promotions from us. Unless you give us your consent to use your personal information for these purposes, we and our partners will only use it to complete the transaction or provide the service or product you have requested. If you indicate that you consent to receive communications or solicitations, but you later change your mind, you can revise your preferences.

Links

Our Website contains links to other sites produced by MLB Advanced Media, L.P. and websites operated by unrelated third parties. Please note that we are not responsible for the privacy practices of third party websites. We encourage you to be aware of this when your leave our Website and to read the privacy policies of every website that collects personally identifiable information from you. The Privacy Policy applies only to this Website.

Special Rules For Children

Because of federal law, we cannot collect any personal information from a child under the age of thirteen without the consent of that child's parent. The statements in this Privacy Policy generally about our collection and use of personal information also apply to our treatment of personal information from children under the age of thirteen, with the added protection of the special rules that follow.

Parental Consent

Some services on the Website (e.g., Shop, Ticketing, Auctions) require the submission of a credit card number along with personal information, and are therefore not available to children. Other services on the Website (e.g., fantasy baseball) are not available to children under the age of thirteen. For services that are available to children under the age of thirteen, if a child under the age of thirteen attempts to complete any registration form on the Website a screen will appear that says "Get Your Mom or Dad." We will then instruct the child to have a parent complete the registration form, either in person or by e-mail. We will provide the parent with a notice describing the Privacy Policy and will ask for the parent's consent to our collection and use of personal information from or about their child. The parent will also be asked to submit a credit card number (the card will not be charged) for verification purposes only.

If the registration form is not completed with a credit card number to verify parental consent, the child will not be able to access those of our activities requiring registration and we will not collect any personal information from that child. Failure to complete the registration form will also prevent the child from entering chat rooms or otherwise making personal information available to the public on the Website. A child's parent has the option to consent to the collection and use of their child's personal information without consenting to the disclosure of that information to third parties, but if such disclosure is necessary to make available a service which has been requested, then the child will not have access to such service.

Information Collected. Depending on the special service requested, personal information collected may include a name, email address, address or age of a child. We will not condition a child's participation in any activity on the Website, such as fantasy baseball, on the child's disclosing more information than is reasonably necessary to participate in that activity.

A parent can review his or her child's personal information by accessing the child's preferences. A parent can instruct us to delete the child's personal information or to stop collecting or using the child's personal information by contacting the Privacy Administrator.

Information Use. We may use the personal information to provide the child with the special services for which he or she has registered, as well as for fulfilling a requested transaction, record keeping, marketing back to the child or making it publicly available through a chat room. (Please note that when anyone, including a child, uses a message board or chat room on our Website, the communications are publicly available to the other participants.)

Information Disclosure. After obtaining the consent of the child's parent, we, our service providers, and one or more Clubs (to the extent that any information disclosed is specific to them), will maintain the confidentiality, security, and integrity of the personal information collected about the child. A child's information will only be disclosed to our third party service providers and the applicable Club(s) as described in this Privacy Policy. The following are third party service providers of our services which may collect or maintain personal information from children under 13 on our behalf: Synacor, Inc. (vanity e-mail); and Prospero, Inc. (message boards and GameDay chat). They can't use your child's personal information without your consent for any purpose other than the service you've requested on behalf of your child.

Contact Us

If you have questions or concerns about this Privacy Policy, you can contact us at:

MLB Advanced Media, L.P. Privacy Administrator 75 Ninth Avenue New York, New York 10011 Phone: (212) 485-3788 Fax: (212) 485-8111

Or send an e-mail to privacy@website.mlb.com.

Notification of Changes

If we decide to make an important change to our Privacy Policy, we will post a notification and link on our homepage so that you can review the updated policy. If at any point we wish to use your personal information in a manner different from that stated at the time it was collected, we will notify you by means of an e-mail and give you the opportunity to indicate whether you consent to the proposed use.

LAST UPDATED AND EFFECTIVE DATE: March 22, 2005

The Shop allows you to order products supplied by independent merchandise Vendors. Auctions allow you to purchase merchandise through an auction process (products purchased via the Shop and Auctions collectively referred to as the "Merchandise"). From the Ticketing section, you can, among other things, buy tickets for Major League Baseball games supplied by the appropriate Major League Baseball Clubs. From the Audio/Video and Mobile sections, you can buy subscriptions to or downloads of audio, video and audiovisual content. (collectively, the "Services") From the Fantasy section, you can, among other things, subscribe to fantasy baseball games.

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/VIDEO, MOBILE OR FANTASY SECTIONS, OR ANY FEATURE OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY FEATURE OR SERVICE, MERCHANDISE OR TICKETS.

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

With respect to Merchandise offered and/or sold via the 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 our 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 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.

Purchasing; Price; Payment. In order to purchase Merchandise, the tickets, features or Services 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, tickets, features or 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 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 of the Vendors is responsible, and must not be held liable, for any breaches in transaction security by any third party.

By purchasing any features or Services via the Website, you acknowledge and agree that your credit card is being charged by the payment processor of MLBAM.

By utilizing a debit card for purchase of any features or Services, you authorize MLBAM to debit on the specified periodic basis (e.g., once per month for monthly Services) the amount described on the applicable Service or Services' checkout page(s).

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 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 purchased 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 of March-October at the then prevailing monthly rate. Unless you signified otherwise at purchase, 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 of March – October at the previous year’s rate. To cancel your monthly subscription or this automatic renewal feature, send an e-Mail to cssubscriptionfeedback@website.mlb.com or call Customer Service at 866-800-1275. Cancellation will become effective as of the next monthly billing cycle following receipt.

For Services purchased 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. Unless you signified otherwise at purchase, the subscription will automatically renew on March 1 of the next year at the previous year’s rate. To cancel this automatic renewal feature send an e-Mail to cssubscriptionfeedback@website.mlb.com or call Customer Service at 866-800-1275.

Refund Policies for Certain Subscription Services: In order to provide the highest customer satisfaction possible, MLBAM will refund the paid purchase price of (a) a yearly subscription to MLB.TV Premium, MLB.TV or MLB.com Gameday Audio if the refund request is received within ten (10) days of the date of purchase, and (b) a monthly subscription to MLB.TV Premium or MLB.TV subscription if the refund request is received within five five (5) days of the date of purchase or within five (5) days of the last billing. To request a refund, send an e-Mail to customerservice@website.mlb.com or call Customer Service at 866-800-1275. Subscriptions otherwise are not subject to refund or credit.

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 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 depending on the date of the game, your location and local, national and international broadcast exclusivities. Please click here www.mlb.tv to learn more about these restrictions. 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.

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 from or to other websites 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, 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. 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, 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 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 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 WEBSITE FEATURE.

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 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.

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 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 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: February 7, 2007