1. DESCRIPTION OF SERVICES
The Website offers streaming video content and related editorial and interactive material of and related to the NYBC. Content may include, but is not limited to: live and/or archived video and audio content from the NYBC and MYBA's member organizations, player interviews, photos, blogs, editorial coverage, news, schedules and graphics.
2. OWNERSHIP AND USE RESTRICTIONS
The Website is operated by MYBA and MLBAM. MYBA and MLBAM, and each of their respective operators, artists, members, teams, affiliates, employees, directors, and officers shall be collectively referred to herein as the "Operators."
By purchasing any Services, Merchandise (as each is defined below) and/or tickets via the Website, you acknowledge and agree that your credit card is being charged by the payment processor of MLBAM, an Operator of the Website.
The content and materials contained within the Website (including, without limitation, video, audio, photos, text, images, names, likenesses, logos and all copyrights and intellectual property related to the Website, the NYBC, the member organizations of MYBA and each of their respective sponsors, licensees and other affiliates) (the "Content") are either owned by, or licensed to, MYBA. The Content from the Website may not be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used in any manner, except as expressly provided in these Terms of Service, without the express written permission of the Operators. The Operators maintain the Website for your personal entertainment, information, education, and communication. Please feel free to browse the Website. The Website is provided for your private and non-commercial use. You may download one copy of each piece of material displayed on the Website to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, capture streaming files, download, upload, prepare derivative works based upon, modify, transmit, reuse, repost, or use any materials of or from the Website for public or commercial purposes on any other Website or otherwise without the express written permission of the Operators. Modification of any materials displayed on the Website in any manner is a violation of the Operators' rights and/or copyright and other proprietary rights.
The word marks and logos of on the Website are the exclusive property of MYBA or the applicable entity. All other word marks and logos (each, a "Trademark" and, collectively, the "Trademarks") appearing on the Website are Trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Service, is strictly prohibited.
Images of people or places displayed on the Website are either the property of, or used with permission by, the Operators. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operators neither warrant nor represent that your use of materials displayed on the Website will not infringe upon the rights of third parties neither owned by nor affiliated with the Operators.
The Website is available to individuals aged thirteen (13) years or older. If you are thirteen (13) years or older, but under the age of eighteen (18) years, you should review these Terms of Service with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms of Service.
3. REGISTRATION FOR USE OF CERTAIN FEATURES
You may receive a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. The Operators are not responsible for any loss or damage arising as a result of your failure to comply with this Section 3.
4. MESSAGE FEATURES
Message and Screen Name Review. The Operators and their independent, third-party providers (the "Vendors") act as a passive conduit in connection with your use of Message Features. The Operators and their 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 the Operators or their Vendors.
Messages submitted to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and nonproprietary. By submitting a Message to the Website, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to the Operators described in Section 5 below.
By transmitting any Message (see Section 4 above regarding Messages) or submitting creative ideas, concepts, know-how, techniques, suggestions or materials (each, a "Submission" and, collectively, "Submissions"), you are granting the Operators a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, "Rights"). This means that anything submitted by you on or to the Website will be owned exclusively by MYBA and may be used by MYBA for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, whether solicited or unsolicited, shall become and remain the exclusive property of the Operators. The Operators shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent.
A. Solicited Submissions: At times, the Operators may solicit Submissions from visitors to the Website, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Website regarding our planned use of such materials where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operators of the Rights described above.
B. Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Website, it is the Operators' policy not to accept or consider any Submissions that are unsolicited. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by the Operators might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions via the Website or otherwise; we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future designs, products, programs or other offerings of the Operators or the NYBC. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of the Operators. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operators of the Rights described above.
6. TERMS OF SALE. Sales from the Official Store ("Store"), Auction feature ("Auctions"), Online Ticketing feature ("Ticketing Feature"), and sales of Subscription Content Services and other services (the "Services") are subject to the following terms and conditions:
• Some areas on the Website may allow you to order products and other services supplied by Vendors. Auctions may allow you to purchase merchandise through an auction process (products purchased through the Store and the Auctions are collectively referred to as the "Merchandise"). A Ticketing Feature may allow you to order tickets for the NYBC and/or other MYBA games or events or the opportunity for you to re-sell tickets and/or purchase previously owned tickets (each, a "Secondary Marketplace"). Such Secondary Marketplaces may be governed by special terms and conditions described on relevant webpages. In the event of a conflict between any Secondary Marketplace's terms and conditions and these Terms of Service, the Secondary Marketplace's terms and conditions shall govern.
• ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. THE OPERATORS EXPRESSLY DISCLAIM 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. The Operators reserve the right to modify the price of any Merchandise or Services and the Operators are not responsible for any error in copy or images relating to Merchandise, Services or tickets. Any auction may be discontinued at any time in the Operators' sole discretion.
• With respect to Merchandise offered and/or sold via the Store, 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. Despite our best efforts, a small number of the items in our Store 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.
• Gift Certificates. Within the Store, there may be an opportunity for you to purchase and/or redeem gift certificates and/or gift cards (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. The Operators are 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. The Operators 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 Service. 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.
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.
• By accepting these Terms of Service, you agree that the Operators may notify you about changes to prices or services by sending an e-mail message to your e-mail address on file with us, and by publishing such notices from time to time on the informational page(s) of the Website applicable to the Services, the Merchandise or the tickets. It is your responsibility to notify the Operators of any change in your e-mail address by logging into the Website 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 the Operators (e.g., your IP address). Applicable taxes are not included and are the responsibility of the subscriber.
7. VOTES; CONTESTS; SWEEPSTAKES
The Website may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms and guidelines set forth on the Website applicable to that event as well as in these Terms of Service.
The following restrictions ("Linkage Restrictions") apply to all links to the Website from any on-line, cable, wireless or other website, service or browser:
A. On-line, cable, wireless or other websites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Pepsi) or service (e.g., Internet service providers or ticket sellers) (each, a "Commercial Website" and, collectively, "Commercial Websites") may not link to the Website without the written permission of the Operators, even if the page/area where the link originates does not promote a product, brand or service.
B. Websites, services or browsers other than Commercial Websites (e.g., fan sites, chamber of commerce websites, search engine websites, widely available Internet browsers) (each, a "Permissible Website" and, collectively, "Permissible Websites") may link to the Website without the express written permission of the Operators if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "The Official Website of the National Youth Baseball Championships"); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
C. The Website logo, or any other logo of the NYBC, MYBA or its member organizations (a "logo" link) may not be used as or to link to the Website without the express written permission of the Operators.
D. No link to the Website may be "framed" by the Permissible Website where the link originated if such "frame" contains any sponsorship, advertising or other commercial text or graphics.
E. All links to the Website from a Permissible Website must be to the Website's home page -- links to internal pages within the Website (e.g., a MYBA member organization's page, a photo gallery or a feature article) are not permitted.
F. The posting or creation of any link to the Website signifies that you have read these Linkage Restrictions and agree to abide by their terms.
9. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with advertisers, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods and/or services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such advertiser. You agree that the Operators shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
10. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
While the Operators use reasonable efforts to include accurate and up to date information in the Website, the Operators make no warranties or representations as to its accuracy. The Operators assume no liability or responsibility for any errors or omissions in the content of the Website. The Operators make no representation that the materials contained in the Website are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Website, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE WEBSITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR SECURE OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE WEBSITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE WEBSITE, OR THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATORS AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE WEBSITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THE WEBSITE, IF ANY.
The Website is subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection. A broadband Internet connection is required to view certain video content.
The Website may contain links and pointers to other websites, resources, and advertisers. Links to and from the Website to other websites, which are maintained by third parties, do not constitute an endorsement by the Operators or any affiliate of any third-party website or content. The Operators are not responsible for the availability of these third-party resources, or their contents. The Operators have not reviewed any or all of the websites linked to the Website and are not responsible for the content of any off-site pages or any other websites linked to the Website. Your linking to the Website, off-site pages or other websites is at your own risk and without the permission of the Operators. By clicking on any such link, you acknowledge that the Website has no control over, and makes no representations of any kind with respect to, such other websites or any content contained within such other websites, and you hereby revoke any claim against the Operators with respect to such other websites. You should direct any concerns regarding any external link to its website administrator or Webmaster.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the Operators shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Website. All of your business dealings with vendors and advertisers appearing on or through the Website shall be at your sole risk.
The Operators may give notice to users of the Website by means of a general notice on the Website, electronic mail to a user's e-mail address if on record, text message to a user's mobile telephone if on record, or by written communication sent by first class mail to a user's address if on record. You may give notice to the "Operators (such notice shall be deemed given when received) by any of the following means:
Electronic mail to: YouthMajors@mlb.com
Letter delivered by first class postage prepaid mail or courier to the following address:
NYBC c/o MLBAM
75 Ninth Avenue, 5th Floor
New York, NY 10011
12. 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"), the Operators have designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Website (the "Designated Agent"). All such notifications relating to the Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:
NYBC c/o MLBAM
75 Ninth Avenue, 5th Floor
New York, NY 10011
You hereby agree to indemnify and hold MYBA, MLBAM and the other MLB Entities and each of their respective members, operators, directors, officers, employees, shareholders, agents, co-branders, licensors, affiliates and representatives harmless from all demands, claims, liabilities, damages and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (i) your use of the Website, including, without limitation, use of any Message Feature or the Store; and (ii) any breach or alleged breach of these Terms of Service; (iii) your connection to the Website; and (iv) your violation of any rights of another. 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.
14. TERMINATION OF SERVICE
The Operators may, in their sole discretion, change, suspend or discontinue any aspect of the Website at any time with or without notice, including the availability of any Website feature, database, or content. The Operators may also cancel your registration password, or impose limits on certain features and services or restrict your access to parts of the Website, or the entire Website, with or without notice, and without liability, at any time, in the Operators' exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates these Terms of Service or other policies or guidelines posted on the Website or conduct which the Operators believe is harmful to other customers, to the Operators' respective businesses, or to other information providers. Upon any termination of these Terms of Service, you shall immediately discontinue your use of the Website and destroy all materials obtained from it.
Software and other materials from the Website may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Website may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Operators do not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by the United States Export Laws.
16. CHOICE OF LAW
These Terms of Service shall be construed and controlled by the laws of the State of New York, United States of America. Further, any disputes relating to these Terms of Service or anything contained on the Website will be governed by the laws of the State of New York, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Service or the Website shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the County of New York, State of New York, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. The Operators will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these Terms of Service.
These Terms of Service constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operators. The Operators in their sole discretion may amend these Terms of Service, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. The Operators' failure to exercise or enforce any rights or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that, except as may be otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.
By using the Website, you signify your agreement to these Terms of Service in their entirety. If you do not agree with the terms included herein, you must not use the Website. The Operators may change these Terms of Service at any time and in any manner, and your use of the Website after such changes are posted shall be deemed to indicate your acceptance thereto.
LAST UPATED: August 6, 2008