Terms of Use Agreement
PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE, THE SERVICE OR ANY OTHER YANKEES ON YES LIVE GAME STREAMING PRODUCT OR SERVICE.
1. INTRODUCTION; GENERAL
MLB Advanced Media, L.P. ("MLBAM"), on behalf of itself and Yankees Entertainment and Sports Network, LLC ("YES Network"), is the organization that hosts and operates the exclusive location on the Internet (this "Website") where you can watch live streaming of YES Network-broadcast New York Yankees games from within the Yankees home television territory (the "Service"). Use of this Website, the Service and all other products and services provided and/or distributed via this Website or the Service are subject to this Agreement. References to this Website, the Service and all materials contained in this Website or the Service will be referred to herein collectively as the "Yankees on YES Live Game Streaming Properties" and individually as a "Yankees on YES Live Game Streaming Property." By using this Website, the Service or the other Yankees on YES Live Game Streaming Properties, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the Yankees on YES Live Game Streaming Properties. Each time you use this Website, the current version of this Agreement will apply. Accordingly, when you use this Website, you should check the date of this Agreement (which appears on the last page hereof) and review any changes since your prior visit.
2. TERMS OF ELIGIBILITY FOR THE SERVICE
Customers of certain television and/or broadband service providers ("Eligible Providers") who receive the YES Network as part of a subscription package, as more fully detailed below, are currently eligible to purchase and subsequently use the Service (each customer described below, a "Qualified Customer"). Please also note that certain Qualified Customers may be offered the option to purchase the Service before the first game of the applicable MLB season is available for live streaming via the Service from his or her Eligible Provider (with each date when live game streaming is first available from such Eligible Provider, a "Service Opening Day"). If you purchase the Service prior to your Service Opening Day, please remember that live streaming of games will not begin until your Service Opening Day.
If you are a Qualified Customer, you must comply with the applicable steps detailed in this Section 2 to activate ("Activate") your subscription and confirm your eligibility to purchase and subsequently use the Service ("Activation").
2.A Blue Ridge Communications Customer Eligibility
Purchase and subsequent use of the Service is currently available to any Blue Ridge Communications ("Blue Ridge") High Speed Internet customer who receives the YES Network on Blue Ridge Digital Cable (each, a "Qualified Blue Ridge Customer"). Within approximately forty-eight (48) hours of your purchase, Blue Ridge will confirm your eligibility by verifying your status as a Qualified Blue Ridge Customer, and if you are, Activate your Service.
Since your credit card will be charged immediately upon your purchase and prior to any verification by Blue Ridge of your eligibility to receive the Service, you must verify that you are a Qualified Blue Ridge Customer prior to your purchase.
You are required to maintain your status as a Qualified Blue Ridge Customer in order to continue to be granted access to the Service. After you purchase, Activate and periodically during the term of your Service subscription, Blue Ridge will verify your status as a Qualified Blue Ridge Customer and if Blue Ridge determines you to no longer be a Qualified Blue Ridge Customer, your Service access may be interrupted or terminated. In such event, the circumstances under which you will be entitled to a refund are set forth in Section 6.F of this Agreement.
2.B Cablevision Customer Eligibility
Purchase and subsequent use of the Service is currently available to any Optimum Online customer who receives the YES Network on iO TV (each, a "Qualified Cablevision Customer") and Activates his or her subscription by entering his or her valid Optimum ID and Password via the Service Activation form within forty-eight (48) hours after (1) purchase; or (2) his or her Service Opening Day, whichever is later. You will be prompted to Activate the Service via a confirmation page at the conclusion of the purchase process and (if you do not complete Activation via such confirmation page) in an Activation email dispatched following your purchase.
Since your credit card will be charged immediately upon your purchase and prior to verification of your eligibility to receive the Service, you must verify that you are a Qualified Cablevision Customer prior to your purchase, and you must Activate the Service within forty-eight (48) hours after (1) your purchase; or (2) your Service Opening Day, whichever is later.
You are required to maintain your status as a Qualified Cablevision Customer in order to continue to be granted access to the Service. After you purchase, Activate and periodically during the term of your Service subscription, Cablevision will verify your status as a Qualified Cablevision Customer and if you are unable or fail to Activate your Service or Cablevision determines you to no longer be a Qualified Cablevision Customer, your Service access may be interrupted or terminated. In such event, the circumstances under which you will be entitled to a refund are set forth in Section 6.F of this Agreement.
2.C MetroCast Broadband Customer Eligibility
Purchase and subsequent use of the Service is currently available to any MetroCast Broadband ("MetroCast") customer who receives the YES Network (each, a "Qualified MetroCast Customer") and Activates his or her subscription by entering his or her valid MetroCast Username and Password via the Service activation form ("Activation") within 48 hours after purchase or after the first live streaming game of the Yankees' season is made available via the Service, whichever is later. You will be prompted to Activate the Service via a confirmation page at the conclusion of the purchase process and (if you do not complete Activation via such confirmation page) in an Activation email dispatched following your purchase.
Since your credit card will be charged immediately upon your purchase and prior to verification of your eligibility to receive the Service, you must verify that you are a Qualified MetroCast Customer prior to your purchase, and you must Activate the Service within forty-eight (48) hours after (1) your purchase; or (2) the first live streaming game of the Yankees' season is made available via the Service, whichever is later.
You are required to maintain your status as a Qualified MetroCast Customer in order to continue to be granted access to the Service. After you purchase, Activate and periodically during the term of your Service subscription, MetroCast will verify your status as a Qualified MetroCast Customer and if you are unable or fail to Activate your Service or MetroCast determines you to no longer be a Qualified MetroCast Customer, your Service access may be interrupted or terminated. In such event, the circumstances under which you will be entitled to a refund are set forth in Section 6.F of this Agreement.
2.D Time Warner Cable Customer Eligibility
Purchase and subsequent use of the Service is currently available to any Time Warner Cable customer who receives the YES Network (a "Qualified Time Warner Cable Customer") and Activates his or her subscription by entering his or her valid Time Warner Cable ID and Password via the Service Activation form within forty-eight (48) hours after (1) purchase; or (2) his or her Service Opening Day, whichever is later. You will be prompted to Activate the Service via a confirmation page at the conclusion of the purchase process and (if you do not complete Activation via such confirmation page) in an Activation email dispatched following your purchase.
Since your credit card will be charged immediately upon your purchase and prior to verification of your eligibility to receive the Service, you must verify that you are a Qualified Time Warner Cable Customer prior to your purchase, and you must Activate the Service within forty-eight (48) hours after (1) your purchase; or (2) your Service Opening Day, whichever is later.
You are required to maintain your status as a Qualified Time Warner Cable Customer in order to continue to be granted access to the Service. After you purchase, Activate and periodically during the term of your Service subscription, Time Warner Cable will verify your status as a Qualified Time Warner Cable Customer and if you are unable or fail to Activate your Service or Time Warner Cable determines you to no longer be a Qualified Time Warner Cable Customer, your Service access may be interrupted or terminated. In such event, the circumstances under which you will be entitled to a refund are set forth in Section 6.F of this Agreement.
2.E Verizon Customer Eligibility
Purchase and subsequent use of the Service is currently available to any Verizon FiOS® TV customer with Verizon Internet who receives the YES Network (each a "Qualified Verizon Customer") and Activates his or her subscription by entering his or her valid Verizon User ID and Password as follows:
Since your credit card will be charged immediately upon your purchase, you must verify that you are a Qualified Verizon Customer prior to your purchase and you must Activate the Service within forty-eight (48) hours after (1) your purchase; or (2) your Service Opening Day, whichever is later.
You are required to maintain your status as a Qualified Verizon Customer in order to continue to be granted access to the Service. After you purchase, Activate and periodically during the term of your Service subscription, Verizon will verify your status as a Qualified Verizon Customer and if you are unable or fail to Activate your Service or Verizon determines you to no longer be a Qualified Verizon Customer, your Service access may be interrupted or terminated. In such event, the circumstances under which you will be entitled to a refund are set forth in Section 6.F of this Agreement.
2.F Additional Qualified Customers
In the event the Service is subsequently offered for purchase and use to customers of additional Eligible Providers who receive the YES Network on such Eligible Provider's required tier of service (each, an "Additional Qualified Customer"), MLBAM will update this Agreement to reflect the terms applicable to each Additional Qualified Customer. If you are not currently a Qualified Customer, you should check this Agreement frequently for updates to the list of Eligible Providers and Additional Qualified Customers.
3. OWNERSHIP; PROHIBITIONS
The Yankees on YES Live Game Streaming Properties are either owned by or licensed to MLBAM. The applicable owners and licensors retain all rights to the Yankees on YES Live Game Streaming Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the Yankees on YES Live Game Streaming 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 Yankees on YES Live Game Streaming Properties without first obtaining the written permission of MLBAM or otherwise as expressly set forth in the terms and conditions of the applicable Yankees on YES Live Game Streaming Properties. The Yankees on YES Live Game Streaming 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 Yankees on YES Live Game Streaming Properties. In the event any Yankees on YES Live Game Streaming Property is subject to such a separate agreement, you will be notified and will have an opportunity to review it. By using this Website or the other Yankees on YES Live Game Streaming 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 Yankees on YES Live Game Streaming Properties or Community Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of Yankees on YES 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 Yankees on YES Live Game Streaming Properties, imposes an unreasonable or disproportionately large load on this Website's or the other Yankees on YES Live Game Streaming Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other Yankees on YES Live Game Streaming 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 MLBAM's business or is otherwise objectionable in MLBAM'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 card numbers; (xii) use automated scripts to collect information from or otherwise interact with this Website or the other Yankees on YES Live Game Streaming 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 Yankees on YES Live Game Streaming 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.
4. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), MLBAM has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other Yankees on YES Live Game Streaming Properties (the "Designated Agent"). All such notifications relating to this Website or the other Yankees on YES Live Game Streaming 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 MLBAM to locate the material.
D. Information reasonably sufficient to permit MLBAM 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 email to MLBAM's Designated Agent as follows:
Service Provider: MLB Advanced Media, L.P.
Full Address of Designated Agent to Which Notification Should Be Sent:
MLB Advanced Media, L.P.
Copyright Agent
75 Ninth Avenue
New York, NY 10011
Facsimile Number of Designated Agent: 212-485-8611
E-mail Address of Designated Agent: legal@website.mlb.com
5. COMMUNITY FEATURES
The Yankees on YES Live Game Streaming 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. You also understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. The YES Live Game Streaming 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 ("Third Party Social Networking Features") by means of applications or widgets appearing on or embedded within this Website. Any use of Third Party Social Networking Features on this Website is subject to the then current terms of use of the applicable third party website and not this Agreement. You further understand and acknowledge that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
In order to participate in Community Features and/or certain other Yankees on YES Live Game Streaming Properties, you may be asked to register an account by providing certain personal information such as your name and/or email address. The Yankees on YES Privacy Policy explains how such information may be collected and used. In consideration of your use of the applicable Yankees on YES Live Game Streaming 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 MLBAM, 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.
MLBAM does not monitor, endorse, edit or screen your Submitted Content, although MLBAM reserves the right to do so, and MLBAM shall not 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 MLBAM other than as expressly set forth in this Agreement. You acknowledge that MLBAM 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 MLBAM 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 MLBAM determines, in MLBAM's sole discretion and judgment, that your Submitted Content violates or may violate any of the terms of this Agreement, MLBAM 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 Yankees on YES Live Game Streaming Properties; and/or (d) use any technological, legal, operational or other means available to MLBAM 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 Yankees on YES Live Game Streaming Properties.
You are solely responsible for your interactions with other users of the Yankees on YES Live Game Streaming Properties. You may use various features of certain Community Features to report violators, which features will be further delineated in this Agreement and within such Community Features, as such Community Features become available.
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 MLBAM 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.
SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF THE SERVICE AND OTHER PRODUCTS; CUSTOMER SERVICE CONTACT INFORMATION
The Yankees on YES Live Game Streaming Properties allow you to subscribe to purchase the Service, which may include video, audiovisual and other content.
ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. MLBAM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE YANKEES ON YES LIVE GAME STREAMING PROPERTIES OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICE. The Service is 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; Service and Product Availability
MLBAM reserves the right to modify the price of the Service or any other products offered via the Yankees on YES Live Game Streaming Properties.
MLBAM is not responsible for any error in copy or images relating to the Service or any other products offered via the Yankees on YES Live Game Streaming Properties. The Service and any other applicable products offered via the Yankees on YES Live Game Streaming 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. You are required to maintain your status as a Qualified Customer in order to continue to be granted access to the Service.
By accepting this Agreement, you agree that MLBAM may notify you about changes to prices and/or other terms of the Service by sending an email message to your email address on file with MLBAM, and by publishing such notices from time to time on the informational page(s) of the Yankees on YES Live Game Streaming Properties applicable to the Service. It is your responsibility to notify MLBAM of any change in your email address by logging in to the Yankees on YES Live Game Streaming Properties 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 email folders or by adding us to your address book or safe senders list.
Programming, pricing, terms and conditions of the Service and other products offered via the Yankees on YES Live Game Streaming Properties are subject to availability and change.
B. Customer Support
Should you have any questions about the purchase of the Service or any other product via the Yankees on YES Live Game Streaming Properties, please contact Customer Support toll free in the U.S. at 866-446-8254 (Mon-Fri 9am-6pm ET) or email yankeesonyes@yankees.mlb.com.
C. Privacy; Purchasing; Price; Payment
In order to purchase the Service or any other products via the Yankees on YES Live Game Streaming Properties, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, email address, credit/debit card information and shipping address. The Yankees on YES Live Game Streaming Privacy Policy explains how such information collected via the Yankees on YES Live Game Streaming Properties may be collected and used by MLBAM.
Your ability to purchase the Service and/or any other products offered via the Yankees on YES Live Game Streaming Properties is subject to limits established by your credit/debit card issuer. You must notify MLBAM immediately of any change in your credit/debit card information, including any change to your home address. MLBAM may bill your credit/debit card at the time the Service or any other products offered via the Yankees on YES Live Game Streaming Properties are ordered. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. MLBAM may in its sole discretion decline service to or terminate any account.
By purchasing the Service or any other products offered via the Yankees on YES Live Game Streaming Properties, you acknowledge and agree that your credit/debit card is being charged by the payment processor of MLBAM. For purposes of this Agreement, such payment processor will be referred to as a "Vendor." Neither MLBAM nor its Vendor is responsible, and must not be held liable, for any breaches in transaction security by any third party.
By utilizing a credit or debit card for purchase of the Service or any other applicable products offered via the Yankees on YES Live Game Streaming Properties, you authorize MLBAM to charge such card on the periodic basis as specified (e.g., once per month for a monthly billing subscription to the Service or once per year for an annual billing subscription to the Service) in the amount described on the Service or other product's purchase path(s).
D. Billing and Automatic Renewal Policies for the Service
The Service's one-time, annual billing term begins when you purchase and ends on approximately the last day of February of the next year, with one-time, annual billing immediately following your purchase. The subscription will automatically renew annually on approximately March 1 of the next year at the previous year's regular full annual price (which, for 2012, is $49.99) unless you cancel your Service prior to the beginning of the next applicable billing (and renewal) period. You may cancel your subscription by calling Customer Support toll free in the U.S. at 866-446-8254 (Mon-Fri 9am-6pm ET) or by sending an email to yankeesonyes@yankees.mlb.com. If you are requesting a cancellation via email, please make sure to identify the email address that is registered for the account you would like to cancel. Cancellation will become effective as of the next annual billing cycle following receipt.
The Service's monthly billing term begins when you purchase and ends at the conclusion of the New York Yankees regular season of that year, with monthly billing occurring during each month at the then prevailing full monthly price. The subscription will automatically renew annually on approximately March 1 of each subsequent year and end at the conclusion of the New York Yankees regular season of that year, with monthly billing resuming during each month at the previous year's regular full monthly price (which, for 2012, is $14.99) unless you cancel your Service prior to the beginning of the next applicable billing (and renewal) period. You may cancel your subscription or the annual automatic renewal feature by calling Customer Support toll free in the U.S. at 866-446-8254 (Mon-Fri 9am-6pm ET) or by sending an e-mail to yankeesonyes@yankees.mlb.com. If you are requesting a cancellation via email, please make sure to identify the email address that is registered for the account you would like to cancel. Cancellation will become effective as of the next monthly billing cycle following receipt.
UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE BILLING (AND RENEWAL) PERIOD THAT YOU WISH TO CANCEL ANY AUTOMATICALLY RENEWING SERVICE, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE APPLICABLE SUBSCRIPTION FEE AND ANY TAXES USING ANY CREDIT OR DEBIT CARD SAVED IN THE PAYMENT PROFILE SECTION OF YOUR MLB.COM ACCOUNT.
E. Sales Tax
For certain purchases made via the Yankees on YES Live Game Streaming Properties, MLBAM 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 MLBAM. 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.
F. Refund Policies for the Service
1. In order to provide the highest customer satisfaction possible, the purchase price of a Service subscription requested within five (5) days after (1) your purchase date; or (2) your Service Opening Day, whichever is later, will be refunded. Although you may cancel your subscription at any time in accordance with Section 6.D above, if you wish to cancel your subscription at any time outside the prescribed time period set forth in the immediately preceding sentence, then you will not be entitled to a refund and your cancellation will be effective as follows:
In no event will pro-rated refunds be provided.
2. Because of the special eligibility requirements applicable to the Service, if you are unable or fail to Activate your subscription or you are subsequently determined to no longer be a Qualified Customer, your Service access may be interrupted or terminated and
Since your credit card will be charged immediately upon your purchase and prior to verification of your eligibility to receive the Service, you must verify or be verified as a Qualified Customer within forty-eight (48) hours after (1) your purchase; or (2) your Service Opening Day, whichever is later. After you purchase, Activate and periodically during the term of your Service, your Eligible Provider will verify your status as a Qualified Customer.
In no event will pro-rated refunds be provided.
G. Blackout and Other Restrictions
Subscription activation for the Service and other products offered via the Yankees on YES Live Game Streaming Properties, and subsequent ability to access the Service and other products offered via the Yankees on YES Live Game Streaming Properties, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by MLBAM (e.g., your IP address or your account information with your Eligible Provider). Scheduled games may be cancelled or substituted when necessary. Applicable taxes are not included and are the responsibility of the subscriber. Blackout restrictions apply to the live game video streaming within the Service depending on the date of the game and your location. Specifically:
In order to ensure that you will receive all access to the Service for which you are eligible and for verification purposes, you may be required to submit your email address provided by either your Internet Service Provider or place of work. You may be required to log in to each webcast (both for free and subscription fee webcasts) with a valid major credit card for address verification. In such a case, a temporary $1.00 authorization hold will be placed on your credit card, which will subsequently expire. You will not incur a charge for this authorization hold. IF YOU CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT, ANY USE RESTRICTION: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND A CHARGE OF ONE HUNDRED DOLLARS ($100.00) FOR EARLY TERMINATION; YOU MAY BE SUBJECT TO LEGAL ACTION; AND MLBAM RESERVES THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
SHARING OF PASSWORDS TO THE SERVICE, ANY OTHER PRODUCT OR THE YANKEES ON YES LIVE GAME STREAMING PROPERTIES IS STRICTLY FORBIDDEN. IN ADDITION TO THE RIGHTS AND REMEDIES AVAILABLE TO MLBAM AS SET FORTH IN THE PREVIOUS PARAGRAPH, MLBAM RESERVES THE RIGHT TO CHARGE USERS THE FULL SUBSCRIPTION FEE FOR EACH INDIVIDUAL WITH WHOM THE USER HAS SHARED HIS/HER PASSWORD.
7. LINKING
The Yankees on YES Live Game Streaming Properties may contain links and pointers to other World Wide Web sites and resources, including but not limited to Third Party Social Networking Features. Links to and from the Yankees on YES Live Game Streaming Properties and other websites or locations maintained by third parties, do not constitute an endorsement by MLBAM of any such third party website or content. MLBAM is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to this Website administrator or Webmaster of the applicable third-party website or location.
8. DISCLAIMER OF WARRANTIES
A. USE OF THE YANKEES ON YES LIVE GAME STREAMING PROPERTIES AND THE SERVICE 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 MLBAM, THE YANKEES ON YES LIVE GAME STREAMING PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. MLBAM DOES NOT WARRANT THAT: (1) THE YANKEES ON YES LIVE GAME STREAMING PROPERTIES OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE YANKEES ON YES LIVE GAME STREAMING PROPERTIES OR THE SERVICE WILL BE CORRECTED; (3) THE YANKEES ON YES LIVE GAME STREAMING PROPERTIES OR THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE YANKEES ON YES LIVE GAME STREAMING PROPERTIES OR THE SERVICE WILL BE ACCURATE OR RELIABLE.
9. LIMITATIONS ON LIABILITY
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERM AND CONDITION OF THE YANKEES ON YES LIVE GAME STREAMING PROPERTIES OR ANY ACT OR FAILURE TO ACT BY MLBAM, ITS TELEVISION SERVICE PARTNERS, ANY ELIGIBLE PROVIDERS OR ANY OF THEIR RESPECTIVE 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 MLBAM, ITS TELEVISION SERVICE PARTNERS OR ANY ELIGIBLE PROVIDERS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE THE SERVICE OR ANY OTHER PRODUCT.
C. IN NO EVENT SHALL MLBAM, ITS TELEVISION SERVICE PARTNERS, ANY ELIGIBLE PROVIDERS OR ANY OF THEIR RESPECTIVE VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE YANKEES ON YES LIVE GAME STREAMING PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR THE SERVICE OR ANY OTHER PRODUCT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MLBAM, ITS TELEVISION SERVICE PARTNERS, ANY ELIGIBLE PROVIDERS OR ANY OF THEIR RESPECTIVE VENDORS 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 MLBAM, ITS TELEVISION SERVICE PARTNERS, ANY ELIGIBLE PROVIDERS OR ANY OF THEIR RESPECTIVE VENDORS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF MLBAM, ITS TELEVISION SERVICE PARTNERS, ANY ELIGIBLE PROVIDERS OR ANY OF THEIR RESPECTIVE VENDORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE YANKEES ON YES LIVE GAME STREAMING PROPERTIES, THE SERVICE OR ANY OTHER PRODUCT IS $50.
D. IN NO EVENT SHALL MLBAM, ITS TELEVISION SERVICE PARTNERS, ANY ELIGIBLE PROVIDERS OR ANY OF THEIRTHEIR RESPECTIVE VENDORS BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE YANKEES ON YES LIVE GAME STREAMING PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
E. IN NO EVENT SHALL MLBAM BE LIABLE FOR ANY ERROR, CANCELLATION OR DISPUTE BETWEEN YOU AND ANY ELIGIBLE PROVIDER THAT MAY CAUSE AN INTERRUPTION IN OR DENIAL OF ACCESS TO THE SERVICE OR THE YANKEES ON YES LIVE GAME STREAMING PROPERTIES.
10. INDEMNIFICATION
You hereby agree to indemnify and hold harmless the MLB Entities, each of MLBAM's television service partners and each Eligible Provider from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Yankees on YES Live Game Streaming Properties, the Service and/or any other product purchased via the Yankees on YES Live Game Streaming Properties; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the "MLB Entities" shall mean MLBAM, the Office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., 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, employees and agents of the above entities.
11. TERMINATION
MLBAM may change, suspend or discontinue any aspect of the Yankees on YES Live Game Streaming Properties at any time, including the availability of the Service or of any product, service, feature, database or content contained therein. MLBAM may also impose limits on certain Yankees on YES Live Game Streaming Properties, the Service and their products, services and features or restrict your access to parts, or the entirety, of the Yankees on YES Live Game Streaming Properties or the Service without notice or liability at any time in MLBAM's exclusive discretion, without prejudice to any legal or equitable remedies available to MLBAM, for any reason or purpose, including, but not limited to, conduct that MLBAM believes violates this Agreement or other policies or guidelines posted on this Website or via the Yankees on YES Live Game Streaming Properties or conduct which MLBAM believes is harmful to other customers, to MLBAM's business, or to other information providers. In addition and without prejudice to any other remedy available to MLBAM, MLBAM may immediately terminate this Agreement at any time in its sole discretion, including if you breach any term of this Agreement or other operating term set forth by MLBAM in the Yankees on YES Live Game Streaming Properties.
12. CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES
This Agreement will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within New York County, New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. MLBAM will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
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. MLBAM in its sole discretion may amend this Agreement, and your use of this Website, the Service or the other Yankees on YES Live Game Streaming Properties after such amendment is posted on this Website will constitute acceptance of it by you. Sections 8, 9, 10, 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.
14. ACCEPTANCE OF TERMS OF USE
BY USING THIS WEBSITE, THE SERVICE AND/OR THE OTHER YANKEES ON YES LIVE GAME STREAMING 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, the Service and/or the other Yankees on YES Live Game Streaming Properties. MLBAM may change the terms of this Agreement at any time, and your use of this Website, the Service and/or the other Yankees on YES Live Game Streaming Properties after such changes are posted will mean that you accept them.
15. NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of this Website, the Service and the other Yankees on YES Live Game Streaming 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: April 4, 2012
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