TABLE OF CONTENTS
- Introduction; General; Ownership; Prohibitions
- Notice and Procedure for Making Claims of Copyright Infringement
- Community Features
- Special Terms and Conditions Applicable to Sales
- Votes, Contests, Sweepstakes
- Disclaimer of Warranties
- Limitations on Liability
- Choice of Law
- Arbitration; Consent to Jurisdiction in New York; Attorneys' Fees
- Notice for California Consumers
MLB Advanced Media, L.P. ("MLBAM"), on behalf of 120 Sports LLC ("120 Sports"), is the organization that produces the Official Website of 120 Sports (this "Website") (MLBAM and 120 Sports, collectively, the "Providers"). Use of this Website and all products and services provided and/or distributed (whether via this Website or elsewhere) by 120 Sports are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other 120 Sports-controlled products or services or 120 Sports-operated interactive media locations, will be referred to herein collectively as the "120 Sports Properties" and individually as a "120 Sports Property." By using this Website or the other 120 Sports Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the 120 Sports Properties.
Except for Submitted Content (defined below), the 120 Sports Properties are either owned by or licensed to 120 Sports. The applicable owners and licensors retain all rights to the 120 Sports Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the 120 Sports Properties on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the 120 Sports Properties without first obtaining the written permission of120 Sports or otherwise as expressly set forth in the terms and conditions of the applicable 120 Sports Properties. The 120 Sports Properties must not be used in any unauthorized manner. In some instances, this Agreement and a separate end user license agreement or similar agreement will apply to the 120 Sports Properties. By using this Website or the other 120 Sports Properties you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by the terms and conditions.
You must not use the 120 Sports Properties or Community Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of 120 Sports or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts this Website or the other 120 Sports Properties, imposes an unreasonable or disproportionately large load on this Website's or the other 120 Sports Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other 120 Sports Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent, inappropriate, constitutes hate speech, or which adversely affects 120 Sports business or is otherwise objectionable in 120 Sports' sole discretion; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any information, software or other material of a commercial nature; (vii) transmit, store or otherwise make available material which contains advertising, promotions, "junk mail", "spam", "pyramid schemes", "chain letters" or solicitation of any kind; (viii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack (personal a ttacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate players, management, employees of baseball, or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another's information, account, password, service or system except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit card numbers; (xii) use automated scripts to collect information from or otherwise interact with this Website or the other 120 Sports Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the Community Features (defined below).
Third party text, photo, graphic, audio and/or video material, including that provided by Associated Press ("AP") (collectively, the "Third Party Materials"), contained on or incorporated in the 120 Sports Properties shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. No third party provider, including without limitation AP, will 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 Third Party 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.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), 120 Sports has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other 120 Sports Properties (the "Designated Agent"). All such notifications relating to this Website or the other 120 Sports Properties must be a written communication and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 120 Sports to locate the material.
- Information reasonably sufficient to permit 120 Sports to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to 120 Sports' Designated Agent as follows:
Service Provider: 120Sports.com c/o MLB Advanced Media, L.P.
Full Address of Designated Agent to Which Notification Should Be Sent:
120Sports.com c/o MLB Advanced Media, L.P.
75 Ninth Avenue
New York, NY 10011 Facsimile Number of Designated Agent: (212) 485-8111
E-mail Address of Designated Agent: firstname.lastname@example.org
120 Sports and its third-party providers (the "Vendors") do not monitor, endorse, edit or screen your Submitted Content, although 120 Sports and its Vendors reserve the right to do so, and neither 120 Sports nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and 120 Sports or between you and 120 Sports' Vendors other than as expressly set forth in this Agreement. You acknowledge that 120 Sports is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to 120 Sports under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If 120 Sports determines, in 120 Sports' sole discretion and judgment, that your Submitted Content violates or may violate any of the terms of this Agreement, 120 Sports reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use this Website, the Community Features and/or the other 120 Sports Properties; and/or (d) use any technological, legal, operational or other means available to 120 Sports to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this Website, the Community Features or on the other 120 Sports Properties.
You are solely responsible for your interactions with other users of the 120 Sports Properties. If and to the extent we make available Community Features, we will also make available various features (e.g., "Report Violation" or "Report any abuse or spam" ) of certain Community Features which you may use to report violators.
We reserve the right, but have no obligation, to monitor disputes between you and other users.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to 120 Sports a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
Via certain 120 Sports Properties, we may make available means by which you can subscribe to or download audio, video and audiovisual content, fantasy and other games and other products and services (collectively, "Services"). In addition, we may make available means by which you can buy 120 Sports products and services from locations other than this Website or the other 120 Sports Properties (e.g., via third party storefronts, including, without limitation, wireless carriers, online music and/or video download and streaming sites, video game console services, third party websites, etc.) (collectively, "Third Party Sales Locations").
ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. THE PROVIDERS EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE 120 SPORTS PROPERTIES, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES.
The Services and all other products which may be offered via the 120 Sports Properties are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
For any Services and other products made available, 120 Sports reserves the right to modify the price of any Services or any other products offered via the 120 Sports Properties. 120 Sports is not responsible for any error in copy or images relating to Services or any other products offered via the 120 Sports Properties. Any offer to sell any Services or any other products offered via the 120 Sports Properties, may be discontinued at any time in 120 Sports' sole discretion.
The Services and any other applicable products which may be offered via the 120 Sports Properties 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.
By purchasing any Services or any other products offered via the 120 Sports Properties, you acknowledge and agree that your credit card is being charged by the payment processor of 120 Sports or its Vendor, the operator of such product or service. For purposes of this Agreement, such payment processor will be referred to as a "Vendor."
By utilizing a credit or debit card for purchase of any Services or any other applicable products which may be offered via the 120 Sports Properties, you authorize 120 Sports to charge such card on the periodic basis as specified (e.g., once per month for monthly Services) in the amount described on the applicable Service or Services' purchase path(s).
For certain purchases of Services made via the 120 Sports and/or Vendor-operated 120 Sports Properties, 120 Sports is required to collect sales tax. The amount of tax charged and whether any sales tax will be collected on a given purchase depends on a number of factors including whether the seller is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable transaction taxes not collected by 120 Sports. The amount of sales tax, if any, will be shown either prior to the completion of any purchase or reflected in the confirmation of your purchase sent to the email address you provided.
For Oklahoma purchasers, applicable use tax on purchases made via the 120 Sports Properties may be reported and paid on an Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov.
For South Dakota purchasers, any applicable sales or use taxes on purchases made via the 120 Sports Properties may be reported and paid on a South Dakota Use Tax Form [Form 1350], available with corresponding instructions on the South Dakota Department of Revenue website, www.state.sd.us/drr.
This Website and other 120 Sports Properties may offer you opportunities to vote in connection with certain events. By participating in any such event, you signify your agreement to all special terms set forth on this Website and/or the other applicable 120 Sports Properties applicable to the event as well as the terms of this Agreement.
This Website and the other 120 Sports Properties may contain links and pointers to other World Wide Web sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from this Website and/or 120 Sports Properties from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties, do not constitute an endorsement by 120 Sports of any such third party website or content. 120 Sports is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to this Website administrator or Webmaster of the applicable third-party website or location.
- USE OF THIS WEBSITE, ALL OTHER 120 SPORTS PROPERTIES AND THE PRODUCTS AND SERVICES INCLUDED HEREIN AND THEREIN ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
- EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY 120 SPORTS AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER 120 SPORTS PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO ALL PRODUCTS 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.
- THE PROVIDERS DO NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER 120 SPORTS PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER 120 SPORTS PROPERTIES, THE PRODUCTS OR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER 120 SPORTS PROPERTIES, THE PRODUCTS OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER 120 SPORTS PROPERTIES, THE PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE.
- NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERM AND CONDITION OF THE 120 SPORTS PROPERTIES OR ANY ACT OR FAILURE TO ACT BY 120 SPORTS OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.
- IN NO EVENT SHALL THE PROVIDERS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS OR SERVICES.
- IN NO EVENT SHALL THE PROVIDERS 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 THIS WEBSITE OR THE OTHER 120 SPORTS PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE PROVIDERS HAVE 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 THE PROVIDERS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE PROVIDERS OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, SERVICES OR THE OTHER 120 SPORTS PROPERTIES IS $50.
- IN NO EVENT SHALL THE PROVIDERS BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER 120 SPORTS PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
You hereby agree to indemnify and hold the Providers harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of this Website, the other 120 Sports Properties, the products and/or Services purchased via this Website or the other 120 Sports Properties; or (B) any alleged breach of this Agreement by you.
120 Sports may change, suspend or discontinue any aspect of this Website or the other 120 Sports Properties at any time, including the availability of any product, Service, feature, database or content. 120 Sports may also impose limits on certain such products, Services and features or restrict your access to parts, or the entirety, of the 120 Sports Properties without notice or liability at any time in 120 Sports' exclusive discretion, without prejudice to any legal or equitable remedies available to 120 Sports, for any reason or purpose, including, but not limited to, conduct that 120 Sports believes violates this Agreement or other policies or guidelines posted on this Website or via the other 120 Sports Properties or conduct which 120 Sports believes is harmful to other customers, to 120 Sports' business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by 120 Sports in its sole discretion. In addition and without prejudice to any other remedy available to 120 Sports, 120 Sports may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by 120 Sports in the 120 Sports Properties.
Except for the arbitration undertaking provided for in Section 12, below, this Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of New York applicable to contracts entered into and performed exclusively in that State.
- Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and 120 Sports waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in New York County, New York, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement.
- Subject to the limitations set forth below in this Section 12.B, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of New York, provided that:
- The arbitrator shall not have authority to award punitive damages; and
- Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and 120 Sports agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
- For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within New York County, New York (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and 120 Sports waive any and all rights to trial by jury with respect to any Claims.
- In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section 12, or initiates a proceeding involving a Claim under Section 12.C other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this agreement to arbitrate and the Forum to which the parties have herein agreed.
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. 120 Sports in its sole discretion may amend this Agreement, and your use of this Website or the other 120 Sports Properties after such amendment is posted on this Website will constitute acceptance of it by you. Sections 7, 8, 9, 11, 12, 13 and 14 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.
BY USING THIS WEBSITE AND/OR THE OTHER 120 Sports PROPERTIES, 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 this Website and/or the other 120 Sports Properties. 120 Sports may change the terms of this Agreement at any time, and your use of this Website and/or the other 120 Sports Properties after such changes are posted will mean that you accept them.
Under California Civil Code Section 1789.3, California users of this Website and the other 120 Sports Properties are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
LAST UPDATED: FEBRUARY 21, 2014