Terms Of Use: San Francisco Giants

TERMS OF USE

SPLITSEASONTICKETS SERVICES TERMS OF USE

You are currently using the Season Ticket Manager and/or the Matcher Service features and functionalities (collectively the "SST Services") provided, and made available through this website ("Site"), by SplitSeasonTickets, LLC ("SST") in association with MLB Advanced Media, L.P. ("MLBAM") and the San Francisco Giants (the "Club"), who are collectively referred to herein as the "Operators." The following are the terms and conditions (this "Agreement") that govern your use of the Site and the SST Services.

By accessing, using or visiting the Site or otherwise using the SST Services, you expressly agree to be bound by this Agreement and to follow all terms and applicable laws and regulations governing the Site and the SST Services and also agree to be bound by any additional non-conflicting terms or conditions to which you have or will agree with MLBAM, the Club and/or their applicable ticketing vendor(s). If you do not agree with this Agreement, your sole recourse is not to use the Site and/or the SST Services.

1. PRIORITY

This Agreement sets forth the terms and conditions under which the Site and SST Services are available to you.  While using the SST Services you may see links that, when clicked on, will take you to services and features on websites that are not included in the SST Services. Please review the terms of use appearing on those sites and with those services. In those cases, you will be bound by the Terms of Use and Privacy Policy applicable to the appropriate provider's website and the applicable services and features. With respect to your use of the Site and the SST Services, in the event of any conflict between this Agreement and any other terms, this Agreement shall prevail.

2. MODIFICATIONS TO THIS AGREEMENT

The Operators reserve the right, at their sole and absolute discretion, to change, modify or otherwise alter these terms and conditions at any time with or without notice.  Such modifications shall become effective immediately upon the posting thereof. You must review this Agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of this Agreement at:
http://giants.splitseasontickets.com/sstickets-web/about/terms-of-use.do

3. PROPER USE

The content and software on this Site is the property of SST, the Club, MLBAM, and/or the applicable MLB Entity (as defined in Section 10 below), as applicable, and is protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not distribute, copy, reproduce, alter, modify, translate, rebroadcast, transmit, perform or create derivative works, publicly display or otherwise use any content (except for your own personal, non-commercial use) from the Site. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor, copy or otherwise take any content from the Site. Furthermore, the Site is provided to you for your own personal use, and it may not be used for any commercial purposes or any fraudulent or illegal purposes.  Any use of the Site that infringes upon the intellectual property rights of SST, the Club, MLBAM, and/or any other MLB Entity, as applicable, or that is for commercial purposes or fraudulent or illegal purposes may be investigated and the Club, MLBAM, and/or SST shall have the right to take appropriate civil and criminal legal action. The SST Services 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.

PLEASE NOTE: THE SST SERVICES DO NOT INCLUDE FUNCTIONALITY FOR, AND THE OPERATORS SHALL NOT BE RESPONSIBILE OR LIABILE FOR, ANY ELEMENTS OF YOUR TICKET PURCHASES, SALES, EXCHANGES OR OTHER PERSONAL OR FINANCIAL TRANSACTIONS (E.G., TICKET PAYMENT, ALLOCATION, DISTRIBUTION, SHIPMENT, ETC.) AND/OR ANY INTERACTIONS, OCCURRENCES OR EVENTS THAT OCCUR OUTSIDE OF THE SST SERVICES.

4. CONTENT

You understand that all listings, postings, messages, email addresses or other personal information, text, preferences, or other materials ("Content") posted on, transmitted through, or linked from the SST Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the SST Services. You understand that the Club, MLBAM, and SST do not control, and is not responsible for Content made available through the SST Services, and that by using the SST Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that the Club, MLBAM, and SST may pre-screen and/or approve or reject Content but are not obligated to do so. The Club, MLBAM, and SST shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the SST Services, for violating the letter or spirit of this Agreement or for any other reason.

There are many opportunities within the Site for you to actively participate. In the process of doing so, you may provide certain personal information, preferences, comments, suggestions, data, or other information to the Club, MLBAM, and SST (collectively "Information"). The Information you provide in connection with your use of the SST Services will be collected, used and disclosed in accordance with Privacy Policy http://giants.splitseasontickets.com/sstickets-web/about/privacy-policy.do applicable to the SST Services.  Websites or services linked to from the SST Services or the Site that are not part of the SST Services are not subject to such Privacy Policy.  You should refer to those website's privacy policies to determine how they collect, use and disclose information about you.

5. USING THE SST SERVICES

While using the SST Services, you will not:

* violate any laws or third party rights;

* use the Site or SST Services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Site;

* fail to deliver payment for tickets purchased by you, unless the seller has materially changed the description of the tickets after you have made an offer, a clear typographical error is made, or you cannot authenticate the seller's identity;

* fail to deliver tickets purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;

* circumvent or manipulate the fee structure, the billing process, or fees owed to the Club, MLBAM and/or SST, as applicable;

* post false, fraudulent, inaccurate, misleading, defamatory, or libelous content (including personal information);

* impersonates any person or entity, including, but not limited to, an 
employee of SST or any MLB Entity, or falsely state or otherwise misrepresents your affiliation with a person or entity;

* post or transmit in any way any personal or identifying information about another person without that person's explicit consent;

* post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

* transfer your account and User ID to another party without the prior written consent of the Club;

* distribute or post spam, unsolicited, or bulk electronic communications;;

* distribute viruses or any other technologies that may harm SST or any MLB Entity, or the interests or property of users of the SST Services;

* copy, modify or distribute rights or content from the SST Services;

* harvest or otherwise collect information about users, including email addresses;

* contact anyone who has asked not to be contacted, or make unsolicited 
contact with anyone for any commercial purpose;

* conduct off-SST Services transactions,

* "stalk" or otherwise harass anyone including any employee or representative of SST and/or any MLB Entity or any other user;

* collect personal data about other users for commercial or unlawful 
purposes;

* use automated means, including spiders, robots, crawlers, data mining 
tools, or the like to download data from the SST Services
; or

* attempt to gain unauthorized access to computer systems of the Club, MLBAM, or SST or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site and/or the SST Services.

6. ABUSING THE SST SERVICES

The Club, MLBAM, and SST work together to keep the SST Services working properly and the community of users safe. Please report problems, offensive content, and policy violations to the Club at 
http://sanfrancisco.giants.mlb.com/help/index.jsp?c_id=sf .

Without limiting other remedies, we may limit, suspend or terminate the SST Services and/or user accounts, prohibit access to the Site and their content and SST Services, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, violating this Agreement including,  without limitation, by posting fraudulent listings, conducting off-SST Services transactions, circumventing temporary or permanent suspensions, or harassing any employee or representative of SST and/or any MLB Entity or any other user). Additionally, the Operators may, in appropriate circumstances and at their sole and absolute discretion, suspend or terminate accounts of users who may be repeat infringers. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the SST Services.

7. FEES AND SST SERVICES

Creating an account to access the password-protected sections of the Site and SST Services is free. Much of the functionality of the SST Services is provided free of charge, however, we do charge fees for using some of the functionality of the SST Services, such as finalizing an agreement between a buyer and a season ticket holder. Before paying any fee, you will have an opportunity to review and accept the fee. If you do not want to pay a fee, you may choose to not continue. All fees will be charged based on our fee schedule, which we may change from time to time.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the SST Services in a timely manner with a valid payment method.

8. TICKET TRANSACTION AGREEMENTS

Any transaction made using the SST Services between a season ticket holder and a buyer to sell/purchase tickets shall be defined as a "Ticket Transaction Agreement". In a Ticket Transaction Agreement, the person who has a relationship with the Club to purchase season tickets and is recognized by the Club as a season ticket holder, shall be defined as "Season Ticket Holder". In a Ticket Transaction Agreement, the buyer who purchases tickets from the Season Ticket Holder shall be defined as a "New Partner".

In any Ticket Transaction Agreement, Season Ticket Holder and New Partner agree to the following: (1) this Agreement (Terms of Use) in combination with the terms agreed to in the Ticket Transaction Agreement shall constitute the entire Ticket Transaction Agreement between Season Ticket Holder and New Partner; (2) If any terms in a Ticket Transaction Agreement conflict with the terms in this Agreement, the terms in this Agreement shall prevail (3) the Season Ticket Holder has declared that he/she is on record with the Club as the owner of and can sell the tickets agreed to be sold/purchased in Ticket Transaction Agreement; (4) any Ticket Transaction Agreement made using the SST Services between the Season Ticket Holder and New Partner is an agreement between ONLY the Season Ticket Holder and the New Partner and not with Club, MLBAM, and/or SST; (5) Ticket Transaction Agreement SHALL NOT CONVEY ANY Season Ticket Holder rights (including rights to post season games or any other games, events, or benefits Season Ticket Holder may have or be able to purchase or claim), licenses, obligations, privileges, or benefits to the New Partner; (6) New Partner agrees to deliver payment for tickets purchased from Season Ticket Holder, unless the Season Ticket Holder has materially changed the description of the tickets after a Ticket Transaction Agreement has been reached, a clear typographical error is made, or you cannot authenticate the seller's identity; and (7) Season Ticket Holder agrees to deliver tickets purchased by New Partner, unless the New Partner fails to meet the Ticket Transaction Agreement terms, or Season Ticket Holder cannot authenticate the New Partner's identity.

9. LIMITATION OF LIABILITY

You will not hold SST, the Club, MLBAM, and/or any other MLB Entity responsible for other users' Content, actions or inactions, or tickets they list. You acknowledge that the SST Services do not sell tickets. Instead, the SST Services provide tools to (1) help people who share season tickets manage their games and tickets and (2) allow season ticket holders to offer to sell their tickets to anyone accessing the SST Services (refer to section 8).

While the Club, MLBAM, and/or SST may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of tickets advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return any tickets.

We do not transfer legal ownership of tickets from the season ticket holder to the buyer.  Further, we cannot guarantee continuous or secure access to the Site, the SST Services may be interfered with by numerous factors outside of the Operator's control. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the SST Services.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SST, THE CLUB, MLBAM, AND THE OTHER MLB ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF SST, THE CLUB, MLBAM, AND/OR THE OTHER MLB ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE USE OF THE SITE BY ANY PARTY.

UNDER NO CIRCUMSTANCES SHALL SST, THE CLUB, MLBAM, AND/OR ANY OTHER MLB ENTITY BE LIABLE TO YOU FOR ANY AMOUNT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.

10. INDEMNITY

You will indemnify and hold SST, the  Club, MLBAM, the other MLB Entities and each of their respective officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. 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, The MLB Network, LLC 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. NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

12. NOTICES

Except as explicitly stated otherwise, legal notices shall be served to the email address you provide during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

13. LIMITATIONS ON SST SERVICES

You acknowledge that the Club, MLBAM, and SST may establish limits concerning use of the SST Services, including the maximum number of days that Content will be retained by the SST Services, the maximum number and size of postings, email messages, or 
other Content that may be transmitted or stored by the SST Services, and the 
frequency with which you may access the SST Services. You agree that the Club, MLBAM, and SST have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the SST Services. You acknowledge that 
the Club, MLBAM, and SST  reserves the right at any time to modify or discontinue the SST Services (or any part thereof) with or without notice, and that the Club, MLBAM, and SST shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SST Services.

14. NO WARRANTY

USE OF THE SITE AND THE SST SERVICES IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. THERE IS NO GUARANTEE THAT THE SST SERVICES CAN WORK PERFECTLY FOR YOU. IF YOU ARE CONCERNED THAT THE SST SERVICES MAY NOT WORK FOR YOU, THEN YOU SHOULD NOT USE THE SST SERVICES. ACCORDINGLY, THE SITE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SST SERVICES AT YOUR OWN RISK. NONE OF THE CLUB, MLBAM OR SST  WARRANTS THAT: (A) THE SITE OR THE SST SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) DEFECTS OR ERRORS IN THE SITE, SST SERVICES OR SOFTWARE  WILL BE CORRECTED; (C) THE SITE  OR THE SST SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;  (D) ANY INFORMATION CONTAINED IN THE SITE, OR THE SST SERVICES WILL BE ACCURATE OR RELIABLE,  (E) THE SITE OR THE SST SERVICES WILL MEET YOUR REQUIREMENTS, OR (F) THE QUALITY OF THE SITE, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. THE CLUB, MLBAM, AND SST EACH EXPRESSLY DISCLAIMS (AA) ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, ITS CONTENT AND/OR THE SST SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR (BB) ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR OR USER OF THE SST SERVICES, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SITE OR THE SST SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR USE OF THE SST SERVICES. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

15. MODIFICATION OF SST SERVICES

Programming, pricing, terms and conditions of the SST Services are subject to availability and change. The Club, MLBAM and SST may change, suspend or discontinue any aspect of the Site or the SST Services at any time, including the availability of the Site or its Content.

16. VIOLATIONS OF TERMS; TERMINATION

The Club, MLBAM and SST may impose limits on certain features of the SST Services or restrict your access to parts or the entire Site without notice or liability at any time, without prejudice to any legal or equitable remedies available to each of them, for any reason or purpose, including, but not limited to, conduct that the Club, MLBAM or SST believes violates this Agreement or other policies or guidelines posted on the Site or conduct which the Club, MLBAM or SST believes is harmful to other customers. In addition, this Agreement may be immediately terminated at any time by the Club, MLBAM and SST in their sole discretion. In addition and without prejudice to any other remedy available to the Club, MLBAM or SST the Club, MLBAM and SST may immediately terminate this Agreement if you breach any term of this Agreement or the rules of use for the SST Services. In addition to any legal remedies that the Club, MLBAM, and/or SST may have for your violation of the terms of this Agreement, the Club, MLBAM, and/or SST shall also have the right in its sole discretion to suspend or terminate your access to the Site.

Our failure to act with respect to a breach by you or others does not waive our 
right to act with respect to subsequent or similar breaches.

You understand and agree that if it becomes necessary for Club, MLBAM, and/or SST to pursue legal action to enforce these Terms, you will be liable to pay actual damages for breaches of these Terms. The Club, MLBAM, and SST retains the right to seek the remedy of specific performance of any term contained in the these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

17. 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. 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.

18. ACCEPTANCE OF TERMS OF USE

BY USING THE SITE AND THE SST SERVICES, 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 Site. The Club, MLBAM, and or SST may change the terms of this Agreement at any time, and your use of the Site after such changes are posted will mean that you accept them.

Last updated 12/21/2010