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TERMS OF USE AGREEMENT

PLEASE READ THESE TERMS (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER WORLD BASEBALL CLASSIC PRODUCT OR SERVICE.

  1. 1. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS
  2. 2. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
  3. 3. COMMUNITY FEATURES
  4. 4. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES; CUSTOMER SERVICE CONTACT INFORMATION
    • A. Price Modifications; Merchandise and Services Availability
    • B. Customer Service
    • C. Purchasing; Price; Payment
    • D. Sales Tax
    • E. Billing Policies for Certain Subscription Services
    • F. Refund Policies for Certain Subscription Services
    • G. Notifications and Other Terms and Conditions
    • H. Access to Services and Blackout Restrictions
  5. 5. VOTES, CONTESTS, SWEEPSTAKES
  6. 6. LINKING
  7. 7. DISCLAIMER OF WARRANTIES
  8. 8. LIMITATIONS ON LIABILITY
  9. 9. INDEMNIFICATION
  10. 10. TERMINATION
  11. 11. CHOICE OF LAW
  12. 12. ARBITRATION; CONSENT TO JURISDICTION IN NEW YORK; ATTORNEYS' FEES
  13. 13. MISCELLANEOUS
  14. 14. ACCEPTANCE OF TERMS OF USE
  15. 15. NOTICE FOR CALIFORNIA CONSUMERS
  1. 1. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS

    MLB Advanced Media, L.P. ("MLBAM"), on behalf of World Baseball Classic ("World Baseball Classic," and MLBAM and World Baseball Classic, together, the "Providers") is the organization that produces the Official Website of World Baseball Classic (this "Website"). Use of this Website all products and services provided and/or distributed (whether via this Website or elsewhere) by World Baseball Classic are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other World Baseball Classic-controlled products or services or World Baseball Classic-operated interactive media locations will be referred to herein collectively as the "World Baseball Classic Properties" and individually as a "World Baseball Classic Property." By using this Website or the other World Baseball Classic 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 World Baseball Classic Properties.

    Except for Submitted Content (defined below), the World Baseball Classic Properties are either owned by or licensed to World Baseball Classic. The applicable owners and licensors retain all rights to the World Baseball Classic Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the World Baseball Classic Properties on any single device for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the World Baseball Classic Properties without first obtaining the written permission of World Baseball Classic or otherwise as expressly set forth in the terms and conditions of the applicable World Baseball Classic Properties. The World Baseball Classic 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 World Baseball Classic Properties. By using this Website or the other World Baseball Classic 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 World Baseball Classic Properties or Community Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of the Providers 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 World Baseball Classic Properties, imposes an unreasonable or disproportionately large load on this Website's or the other World Baseball Classic Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other World Baseball Classic 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 World Baseball Classic's business or is otherwise objectionable in World Baseball Classic's 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 attacks 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 or debit card numbers; (xii) use automated scripts to collect information from or otherwise interact with this Website or the other World Baseball Classic Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of any 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 World Baseball Classic 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 or World Baseball Classic Properties 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.

  2. 2. 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"), World Baseball Classic has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other World Baseball Classic Properties (the "Designated Agent"). All such notifications relating to this Website or the other World Baseball Classic Properties must be a written communication and must include the following information:

    A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    B. 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.

    C. 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 World Baseball Classic to locate the material.

    D. Information reasonably sufficient to permit World Baseball Classic to contact the complaining party, such as an address, telephone number, and/or electronic mail address.

    E. 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.

    F. 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 World Baseball Classic's Designated Agent as follows:

    • Service Provider: World Baseball Classic, Inc.
    • Full Address of Designated Agent to Which Notification Should Be Sent:

      245 Park Ave.
      New York, NY 10167
      Facsimile Number of Designated Agent: 212-949-5697
      E-mail Address of Designated Agent: WBCILegal@mlb.com

  3. 3. COMMUNITY FEATURES

    The World Baseball Classic Properties may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material (collectively, the "Submitted Content") in connection with various features including, but not limited to, profiles, forums, bulletin boards, wiki, vanity email, auctions, contests, games, blogs, audio and/or video submissions, message boards, Q&A features and chat features (collectively, the "Community Features"). You are solely responsible for your Submitted Content and must use the Community Features in a responsible manner. The World Baseball Classic Properties may also offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material via third party social networking websites and products ("Third Party Social Networking Features") Any use of Third Party Social Networking Features is subject to the then current terms of use of the applicable third party website or product and not this Agreement, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.

    In order to participate in Community Features and/or certain other World Baseball Classic Properties, you may be asked to register an account by providing certain personal information such as your name and/or email address. The Privacy Policy applicable to this Website and the World Baseball Classic Properties available at http://www.worldbaseballclassic.com/wbc/2013/help/privacy.jsp explains how such information may be collected and used. In consideration of your use of the applicable World Baseball Classic Properties, you agree (i) to provide accurate, current and complete information about yourself as may be prompted by any registration forms ("Registration Data"); (ii) to maintain the security of your password and identification; (iii) to maintain and promptly update Registration Data and any other information you provide to World Baseball Classic, and to keep it accurate, current and complete; (iv) not to sell, transfer or assign your account; and (v) to be fully responsible for all use of your account and for any actions that take place using your account.

    The Providers and their third-party providers ("Vendors") do not monitor, endorse, edit or screen your Submitted Content, although the Providers and their Vendors reserve the right to do so, and neither the Providers nor their 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 the Providers or between you and the Providers' Vendors other than as expressly set forth in this Agreement. You acknowledge that the Providers are not responsible for, and cannot and do 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 World Baseball Classic 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 World Baseball Classic determines, in World Baseball Classic's sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, World Baseball Classic 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 World Baseball Classic Properties; and/or (d) use any technological, legal, operational or other means available to World Baseball Classic 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 World Baseball Classic Properties.

    You are solely responsible for your interactions with other users of the World Baseball Classic Properties. You may use various features (e.g., the "Report Violation" feature) of certain Community Features 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 World Baseball Classic 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.

  4. 4. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION

    The Website may allow you to order products ("Merchandise") supplied by independent merchandise Vendors from a Third Party Sales Location. From the Ticketing sections of certain World Baseball Classic Properties, you can, among other things, purchase tickets for World Baseball Classic games supplied by World Baseball Classic and/or the applicable World Baseball Classic Club(s) ("Tickets"). Via certain World Baseball Classic Properties, you may be able to subscribe to or download certain audio, video and audiovisual content, fantasy and other games and other products and services (collectively, "Services"). In addition, you may be able to buy World Baseball Classic products and services from locations other than this Website or the other World Baseball Classic 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, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE WORLD BASEBALL CLASSIC 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, MERCHANDISE, TICKETS OR SERVICES.

    The Services and all other products offered via the World Baseball Classic 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.

    A. Price Modifications; Merchandise and Services Availability

    World Baseball Classic reserves the right to modify the price of any Merchandise, Tickets, Services or any other products offered via the World Baseball Classic Properties. World Baseball Classic is not responsible for any error in copy or images relating to Merchandise, Tickets, Services or any other products offered via the World Baseball Classic Properties. Any offer to sell any Merchandise, Tickets, Services or any other products offered via the World Baseball Classic Properties, may be discontinued at any time in World Baseball Classic's sole discretion. With respect to Merchandise offered and/or sold via the links in the worldbaseballclassic.com Shop pages, please review the Terms of Use for the MLB.com Shop Third Party Sales Location to which the worldbaseballclassic.com Shop page links. The Services and any other applicable products offered via the World Baseball Classic Properties or Third Party Sales Locations 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.

    B. Customer Service

    Should you have any questions about the World Baseball Classic Properties, please call 866-800-1275 within the U.S. and 512-434-1542 outside the U.S., or e-mail cssubscriptionfeedback@website.mlb.com.

    C. Purchasing; Price; Payment

    In order to purchase Merchandise, Tickets, Services or any other products via the World Baseball Classic Properties or via Third Party Sales Locations, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit or debit card information and shipping address. The Privacy Policy applicable to this Website and the World Baseball Classic Properties available at http://www.worldbaseballclassic.com/wbc/2013/help/privacy.jsp explains how such information collected via the World Baseball Classic Properties may be collected and used by World Baseball Classic. With respect to Third Party Sales Locations, the privacy policy of any such Third Party Sales Location applies to the collection and use of your personal information by the operators and/or owners of such Third Party Sales Location. Your ability to purchase Merchandise, Tickets, Services and/or any other products offered via the World Baseball Classic Properties is subject to limits established by your card issuer. You must notify World Baseball Classic immediately of any change in your credit or debit card information, including any change to your home address. World Baseball Classic may bill your credit or debit card at the time the Services, Merchandise, Tickets or any other products offered via the World Baseball Classic Properties are ordered or shipped, and the appropriate World Baseball Classic Club or Vendor may bill your credit or debit 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. World Baseball Classic may in its sole discretion decline service to or terminate any account. None of the Providers, any affiliated or related entity, any Vendor or any operator of any Third Party Sales Location is responsible, and must not be held liable, for any breaches in transaction security by any third party.

    By purchasing any Merchandise, Tickets, Services or any other products offered via the World Baseball Classic Properties, you acknowledge and agree that your credit or debit card is being charged by the payment processor of World Baseball Classic 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 offered via the World Baseball Classic Properties, you authorize World Baseball Classic to charge such card on the basis specified (e.g., once per month for monthly Services) in the amount described on the applicable Service or Services' purchase path(s).

    D. Sales Tax

    For certain purchases of Merchandise, Services or Tickets made via the World Baseball Classic and/or Vendor-operated World Baseball Classic Properties, World Baseball Classic is required to collect sales tax. In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from the World Baseball Classic Properties are not exempt from sales or use taxes simply because they are made from the Internet or because World Baseball Classic is not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged 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 taxes not collected by World Baseball Classic and certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected directly by World Baseball Classic in connection with a purchase that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.

    For Oklahoma purchasers, applicable use tax on purchases made via the World Baseball Classic 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 World Baseball Classic 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.

    D. Billing Policies for Certain Subscription Services

    For certain Services billed on a yearly basis (e.g., World Baseball Classic Live when purchased on a standalone basis), the term begins when you purchase and ends on December 31, 2013, with one-time billing immediately following your purchase.

    E. Refund Policies for Certain Subscription Services

    World Baseball Classic will refund the purchase price you paid for a subscription Service (e.g. World Baseball Classic Live when purchased on a standalone basis) offered via this Website if you make a refund request on this Website by sending an e-mail to cssubscriptionfeedback@website.mlb.com or by calling World Baseball Classic Customer Service toll free 866-800-1275 within the U.S. and 512-434-1542 outside the U.S within five (5) days of your initial purchase or within five (5) days of any annual automatic renewal date. In no event will World Baseball Classic grant you more than one (1) refund during any given calendar year or provide partial or pro-rated refunds.

    F. Notifications and Other Terms and Conditions

    By accepting this Agreement, you agree that World Baseball Classic may notify you about changes to prices and/or Services by sending an e-mail message to your e-mail address on file with World Baseball Classic and by publishing such notices from time to time on the informational page(s) of the World Baseball Classic Properties applicable to the Services. It is your responsibility to notify World Baseball Classic of any change in your e-mail address by logging in to the applicable World Baseball Classic Property and using the online account management tool. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list. Programming, pricing, terms and conditions of Services, Tickets and other products offered via the World Baseball Classic Properties are subject to availability and change. Certain Services, Tickets and other products offered via this Website and/or other World Baseball Classic Properties may be governed by an end user license agreement or similar agreement with different terms and conditions than are contained in this Agreement, including different refund policies. Please refer to the terms and conditions of such Services, Tickets, other products and/or World Baseball Classic Properties to determine the policies applicable for such other World Baseball Classic Properties. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service, Ticket, other product or World Baseball Classic Property, the terms and conditions of the applicable Service, Ticket, other product or World Baseball Classic Property will govern.

    G. Access to Services and Blackout Restrictions

    Subscription activation for Services and other products offered via the World Baseball Classic Properties, and subsequent ability to access Services and other products offered via the World Baseball Classic Properties, may be subject to approval of your valid major credit or debit card and verification of other information that you submit or is otherwise obtained by World Baseball Classic (e.g., your IP address). Scheduled games may be cancelled or substituted when necessary.

    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. Specifically:

    World Baseball Classic Live Blackout Restrictions - World Baseball Classic Live is only available in the territories of the United States, Canada and Puerto Rico. First Round and Second Round games will be available live to World Baseball Classic Live subscribers in the eligible territories, and all subscribers in the eligible territories will be able to access the Semi-Final and Final games on-demand in the archives approximately 90 minutes after the end of each applicable game.

    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 World Baseball Classic Live 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 or debit card for address verification. In such a case, a temporary $1.00 authorization hold will be placed on your credit or debit 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; YOU MAY BE SUBJECT TO LEGAL ACTION; AND WORLD BASEBALL CLASSIC RESERVES THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES. SHARING OF PASSWORDS TO ANY SERVICE, PRODUCT OR THE WORLD BASEBALL CLASSIC PROPERTIES IS STRICTLY FORBIDDEN. IN ADDITION TO THE RIGHTS AND REMEDIES AVAILABLE TO WORLD BASEBALL CLASSIC AS SET FORTH IN THE PREVIOUS PARAGRAPH, WORLD BASEBALL CLASSIC RESERVES THE RIGHT TO CHARGE USERS THE FULL SUBSCRIPTION FEE FOR EACH INDIVIDUAL WITH WHOM THE USER HAS SHARED HIS/HER PASSWORD.

  5. 5. VOTES; CONTESTS; SWEEPSTAKES

    This Website and other World Baseball Classic Properties 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 set forth on this Website and/or the other applicable World Baseball Classic Properties applicable to the event as well as the terms of this Agreement.

  6. 6. LINKING

    This Website and the other World Baseball Classic 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 World Baseball Classic 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 the Providers or any other affiliated or related entity of any such third party website or content. The Providers are not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to the website administrator or Webmaster of the applicable third-party website or location.

  7. 7. DISCLAIMER OF WARRANTIES

    • A. USE OF THIS WEBSITE, ALL OTHER WORLD BASEBALL CLASSIC PROPERTIES AND THE PRODUCTS, MERCHANDISE, TICKETS AND SERVICES, INCLUDED HEREIN AND THEREIN, 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 WORLD BASEBALL CLASSIC AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER WORLD BASEBALL CLASSIC PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO, ALL PRODUCTS, 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. THE PROVIDERS DO NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER WORLD BASEBALL CLASSIC PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER WORLD BASEBALL CLASSIC PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER WORLD BASEBALL CLASSIC PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER WORLD BASEBALL CLASSIC PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE ACCURATE OR RELIABLE.
  8. 8. LIMITATIONS ON LIABILITY

    • A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE WORLD BASEBALL CLASSIC PROPERTIES OR ANY ACT OR FAILURE TO ACT BY THE PROVIDERS OR THEIR VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.
    • B. 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, MERCHANDISE, TICKETS OR SERVICES.
    • C. IN NO EVENT SHALLTHE PROVIDERS, ANY RELATED OR AFFILIATED 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 THIS WEBSITE OR OTHER WORLD BASEBALL CLASSIC PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS, 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 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, ANY RELATED OR AFFILIATED ENTITY OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE, THE SERVICES OR THE OTHER WORLD BASEBALL CLASSIC PROPERTIES IS $50.
    • D. IN NO EVENT SHALL THE PROVIDERS OR ANY AFFILIATED OR RELATED ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER WORLD BASEBALL CLASSIC PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
  9. 9. INDEMNIFICATION

    You hereby agree to indemnify and hold the Providers and their affiliated and related entities 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 World Baseball Classic Properties, the products, Merchandise, Tickets and/or Services purchased via this Website or the other World Baseball Classic Properties; or (B) any alleged breach of this Agreement by you.

  10. 10. TERMINATION

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

  11. 11. CHOICE OF LAW

    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.

  12. 12. ARBITRATION; CONSENT TO JURISDICTION IN NEW YORK; ATTORNEYS' FEES

    • A. Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website and any World Baseball Classic Properties (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 the Providers 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.
    • B. Subject to the limitations set forth below in this Section 12B, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of New York, provided that:
      1. 1. The arbitrator shall not have authority to award punitive damages; and
      2. 2. 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 the Providers 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.
    • C. 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 the Providers waive any and all rights to trial by jury with respect to any Claims.
    • D. 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.
  13. 13. 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. World Baseball Classic in its sole discretion may amend this Agreement, and your use of this Website or the other World Baseball Classic Properties after such amendment is posted on this Website or the other World Baseball Classic Properties 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.

  14. 14. ACCEPTANCE OF TERMS OF USE

    BY USING THIS WEBSITE AND/OR THE OTHER WORLD BASEBALL CLASSIC 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 World Baseball Classic Properties. World Baseball Classic may change the terms of this Agreement at any time, and your use of this Website and/or the other World Baseball Classic Properties after such changes are posted will mean that you accept them.

  15. 15. NOTICE FOR CALIFORNIA CONSUMERS

    Under California Civil Code Section 1789.3, California users of this Website and the other World Baseball Classic 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: January 11, 2013

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