Terms of Use for My Orioles TicketsThese Terms of Use (hereinafter, "Agreement") set forth the terms, restrictions and limitations governing your use of the Baltimore Orioles (hereinafter, the "Orioles") My Orioles Tickets online functionality ("My Orioles Tickets"), and all of the services provided by it (collectively, the "Services") which are offered on or available through the pages of this website (this "Website") and our partner websites as set forth herein. By registering to use the Services, you acknowledge that you have read and understand this Agreement and you expressly agree to comply with and be bound its terms. You acknowledge that by using the Services, you are creating a valid, binding and enforceable legal agreement between you, the Orioles and Tickets.com, Inc. ("Tickets.com"). Tickets.com and/or the Orioles may revise, modify, or otherwise amend this Agreement from time to time by posting such revised, modified or amended Terms of Use on this Website. Any revised, modified or amended Terms of Use will be deemed effective once you visit this Website or otherwise use the Services after such terms are posted. This Agreement was last revised on March 26, 2014. By using the Services, you also agree to adhere to (1) any and all terms and conditions, rules, policies, regulations, and directions of the Orioles, as such may be amended from time to time, including, without limitation, those terms and conditions printed on each Orioles game admission tickets ("Ticket"), (2) the terms, conditions and policies set forth in the My Orioles Tickets Help Screens, (3) the Terms of Use and Privacy Policy generally applicable to this Website and the websites of each of the Orioles and Major League Baseball ("MLB"), collectively referred to herein as the "MLB.com Websites", each of which is incorporated as part of this Agreement by this reference. In addition to the foregoing, when you use the StubHub ticket resale marketplace and services (the "StubHub Marketplace"), you will be bound to the terms of the User Agreement and Privacy Policy applicable to the StubHub.com website (the "StubHub Website") and the StubHub Marketplace. StubHub is the official online secondary ticketing provider for MLB.com and the Orioles. You are encouraged to read all applicable Terms of Use, User Agreements and Privacy Policies before you engage in any transaction on My Orioles Tickets and/or the StubHub Marketplace. By engaging in a transaction on My Orioles Tickets, you agree to use the Services subject to and in accordance with the following terms and conditions and, where applicable, you represent the same to be true: 1. Eligibility and Registration. If you wish to list a Ticket from your My Orioles Tickets account to sell such Ticket on the StubHub Marketplace or to forward a Ticket through the Ticket Forward function of My Orioles Tickets ("Transfer"), you must first register with My Orioles Tickets. To qualify for registration, you must be at least 18 years of age. By registering with My Orioles Tickets and accessing the Services, you are representing to us that you are at least 18 years of age. The Orioles or Tickets.com may suspend or terminate your My Orioles Tickets account if you are not qualified to use the Services. 2. Orioles Ticket Holders and Applicable Games. Not all Ticket accounts holders of record are authorized by the Orioles to use My Orioles Tickets to sell any Ticket on the StubHub Marketplace or to forward any Ticket through Forward. Finally, only Tickets for Orioles home games at Oriole Park as designated by the Orioles from time to time may be listed from a My Orioles Tickets account to be sold on the StubHub Marketplace or forwarded through Forward. 3. Accuracy of Information. You agree, and by using the Services you represent and warrant, that the information you provide to anyone in connection with your use of the Services (including, without limitation, the Orioles, MLB Advanced Media L.P. ("MLBAM") or StubHub) is true and accurate in all respects. None of Tickets.com, the Orioles, MLBAM or StubHub guarantees the truth or accuracy of any statements or representations made by My Orioles Tickets users. None of Tickets.com, the Orioles, MLBAM or StubHub will be liable or bear any responsibility for statements made by other My Orioles Tickets users. 4. Specific Terms Governing Selling and Buying Tickets Through My Orioles Tickets. If you sell a Ticket through the StubHub Marketplace, in addition to the Terms of Use specifically applicable to the StubHub Website and the StubHub Marketplace, you agree to be bound by the following terms:
5. Specific Terms Governing Use of Forward. If you forward a Ticket through Forward, you agree to be bound to the following terms. If you are a qualified My Orioles Tickets account holder of record and are forwarding a Ticket, you are referred to below as the “Sender”. If you are receiving a forwarded Ticket, you are referred to below as the “Recipient”.
6. Termination of Participation. The Orioles may, in their sole discretion, and at any time, terminate, suspend or restrict your use of the Services immediately and without notice, with or without cause, including without limitation, if the Orioles determine that (A) you have violated the terms of this Agreement or any other applicable terms, conditions or restrictions, (B) you have violated, or attempted to violate, the rights of other My Orioles Tickets participants, (C) you have violated any policy, rule, regulation or direction of the Orioles relating to either the Orioles and/or Oriole Park, as each may be amended from time to time by the Orioles in their sole discretion, or (D) you have violated, or attempted to violate, any applicable law, statute, ordinance, rule, regulation or order, including without limitation, any such law, statute, ordinance, rule, regulation or order regarding fraudulent activity. None of Tickets.com, the Orioles, or MLBAM will be liable to you or any third party for any loss or claim arising out of such termination. Upon such termination (i) you will cease use of the Services, (ii) any of your Ticket transactions for future game dates may be cancelled, (iii) set-offs and debits may be taken against your account, and (iv) any other actions available to the Orioles, Tickets.com or MLBAM at law or in equity may be taken against you. 7. Legality of Transaction. None of the Orioles, Tickets.com, or MLBAM makes any assurance that the Services or the StubHub Marketplace complies with applicable Federal, state, municipal or other local law or regulation. Users of the Services and/or the StubHub Marketplace assume all risk in connection with any transaction conducted with the Services and/or on the StubHub Marketplace, including without limitation, any sale and purchase of a Ticket through the StubHub Marketplace. 8. Trademarks. No ownership or other rights in or to the trademarks and copyrighted material contained on any of this Website, the MLB.com Websites or the StubHub Website is granted to you through this Agreement and you acknowledge that you do not have any rights in or to any such trademarks and/or copyrighted material. You agree you will not display, transmit, or use any such trademarks and/or copyrighted material in any manner whatsoever. 9. WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NONE OF TICKETS.COM, THE ORIOLES, OR MLBAM WARRANT THAT (A) THE SERVICES AND/OR THE STUBHUB MARKETPLACE WILL MEET YOUR REQUIREMENTS, (B) YOUR ACCESS TO OR OPERATION OF THE SERVICES AND/OR THE STUBHUB MARKETPLACE WILL BE UNINTERRUPTED OR ERROR-FREE, (C) DEFECTS WILL BE CORRECTED, OR (D) THIS WEBSITE, THE MLB.COM WEBSITES OR THE STUBHUB WEBSITE (OR ANY SERVERS THAT MAKE THE SERVICES AND/OR THE STUBHUB MARKETPLACE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NONE OF THE ORIOLES, TICKETS.COM OR MLBAM WARRANT OR MAKE ANY REPRESENTATION THAT THE USE OR THE RESULTS OF THE USE OF THE SERVICES AND/OR THE STUBHUB MARKETPLACE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTERS ON WHICH THE SERVICES AND/OR THE STUBHUB MARKETPLACE ARE USED OR THE NETWORK OF WHICH SUCH COMPUTERS ARE A PART. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TICKETS.COM, THE ORIOLES, MLBAM, OR AN AUTHORIZED REPRESENTATIVE OF TICKETS.COM, THE ORIOLES OR MLBAM WILL CREATE A WARRANTY OF ANY KIND. 10. LIMITATION OF LIABILITY. NONE OF TICKETS.COM, THE ORIOLES, MLBAM, OR ANY OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES WILL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND CAUSED BY, RELATED TO, OR ARISING FROM (A) YOUR USE OF THE SERVICES AND/OR THE STUBHUB MARKETPLACE, (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, INFRINGING MATERIAL, COMPUTER VIRUS, OR COMMUNICATION LINE FAILURE, (C) THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR INFORMATION, (D) UNCOMPLETED OR COMPLETED TRANSACTIONS, OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, IN EACH CASE INCLUDING WITHOUT LIMITATION, DAMAGES IN CONNECTION WITH (I) LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF TICKETS.COM, THE ORIOLES OR MLBAM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MY ORIOLES TICKETS PARTICIPANTS OR THIRD PARTIES. IN NO EVENT WILL TICKETS.COM, THE ORIOLES, MLBAM, OR ANY OF EACH OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, TECHNICAL SUPPORT PARTNERS AND PROVIDERS OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SERVICES AND/OR THE STUBHUB MARKETPLACE WHATSOEVER. 11. INDEMNITY. EACH PERSON WHO USES THE SERVICES AND/OR THE STUBHUB MARKETPLACE AGREES TO SAVE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE ORIOLES, MLBAM, TICKETS.COM, AND EACH OF THEIR RESPECTIVE AFFILIATES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, FINES, PENALTIES, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES AND/OR THE STUBHUB MARKETPLACE AND THEIR USE. 12. Compliance with Laws. You agree that you will not use the Services or the StubHub Marketplace for any illegal purpose and will comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations and orders regarding ticketing, including but not limited to ticket resale. 13. No Guarantee of Security. None of Tickets.com, the Orioles or MLBAM guarantees secure access to either the Orioles or the My Orioles Tickets Website and none of the Orioles, Tickets.com or MLBAM assures the security of any information provided by you in connection with the Services or the StubHub Marketplace. 14. Password Use. In order to use the Services you will be required to register with My Orioles Tickets, and as part of such registration, you will receive a user name and password. You are solely responsible for maintaining the confidentiality of your user name and password and are solely responsible for all actions that occur under your user name and password. 15. General. This Agreement will be governed in all respects by the laws of the State of Maryland without regard to conflict of law principles. You agree that any action arising out of or relating to these terms will be submitted to binding arbitration, held in Baltimore, Maryland, pursuant to the Commercial Rules of the American Arbitration Association and that the terms of such action, the names of the parties, all documents filed in connection with such arbitration and any award by the arbitrator (or other resolution of such matter) will be confidential. This Agreement sets forth the entire understanding and agreement between the parties with relation to the subject matter of this Agreement and it is understood that there are no oral representations, understandings or agreements covering the same subject matter as this Agreement. In case any provision of this Agreement will be invalid, illegal or unenforceable, such provision will be severed from this Agreement and the validity, legality and enforceability of the remaining provisions of this Agreement will not in any way be affected or impaired thereby. Headings in this Agreement are used for convenience of reference only and will not in any way define or affect the meaning, construction, or scope of the provisions captioned. No delay of, or omission in the exercise of any right, power or remedy accruing to the Orioles, Tickets.com or MLBAM under this Agreement will impair any such right, power or remedy, nor will it be construed as a waiver of any future exercise of any right, power or remedy. |