Dodgers @ Home Subscription

2.6 We reserve the right to limit the sale of Subscriptions to any person and/or geographic region. We may exercise this right on a case-by-case basis. We reserve the right to modify, suspend, and/or discontinue the Subscriptions or any aspect thereof, and to change the price of the Subscriptions, in any manner and at any time, at our sole and absolute discretion. We shall not be liable to you or to any third party for any price change, or for any modification, suspension, or discontinuance of the Subscriptions or any aspect thereof. The Subscriptions and any products or services provided for herein are void where prohibited.

3. Billing.

3.1 You agree to provide us with your current, complete, and accurate credit/debit card and contact information at the time of purchase. You agree to promptly update your credit/debit card and other account information as necessary, including your e-mail address, credit/debit card number and expiration date, and mailing address, so that we may complete all transactions, fulfill your Subscription, and contact you as necessary. By providing such information, you acknowledge and agree that we may provide such information to third parties for purposes of facilitating and completing transactions relating to your Subscription.

3.2 You authorize us to charge all subscription fees and any other outstanding amounts to any credit/debit card that you have on file with us. You understand that failure to pay any fees or charges may result in the suspension and/or cancellation of your Subscription. If we do not receive payment from your credit/debit card provider or if your credit/debit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide an additional credit/debit card or other means of payment before allowing you further access to the Digital Content and/or receipt of a Bonus Box, and we may bill you simultaneously for both past due and current fees. We reserve the right to take all steps necessary to collect amounts due from you, including, but not limited to, legal action and/or using third party collection agencies.

3.3 You are solely responsible for any and all fees charged to your credit/debit card by the issuer, bank, or financial institution, including, but not limited to, membership fees, overdraft and insufficient funds fees, and fees associated with exceeding your credit/debit limit. You agree to notify us of any billing problems or discrepancies within thirty (30) days after such problems or discrepancies first appear on your credit/debit card statement or otherwise become known to you. If you do not notify us of any such problems or discrepancies within thirty (30) days, you agree that you waive any right that you may have to dispute such problems or discrepancies.

4. Automatic Renewal.

4.1 Quarterly Subscriptions: By purchasing a Quarterly Subscription, you understand, acknowledge, and agree that the Subscription will automatically renew for each successive quarter (i.e., every three months) until you cancel the Subscription pursuant to the cancellation procedures set forth in Section 5 of these Terms and Conditions. You may cancel your Quarterly Subscription at any time, but all Quarterly Subscription fees are prepaid and nonrefundable.

Once you purchase a Quarterly Subscription, we will automatically process your Quarterly Subscription fee. We will continue to automatically process your Quarterly Subscription fee every three months thereafter, at the then-current Quarterly Subscription fee amount, until you cancel your Quarterly Subscription. By purchasing a Quarterly Subscription, you acknowledge and agree that Quarterly Subscription fees will be charged to your credit/debit card on a recurring basis, without further authorization from you, and you accept full responsibility for all such recurring charges prior to cancellation. We will provide you notice of any change in the amount of your Quarterly Subscription fee before the change takes effect.

4.2 Annual Subscriptions: By purchasing an Annual Subscription, you understand, acknowledge, and agree that the Subscription will automatically renew for each successive year until you cancel the Subscription pursuant to the cancellation procedures set forth in Section 5 of these Terms and Conditions. You may cancel your Annual Subscription at any time, but all Annual Subscription fees are prepaid and nonrefundable.

Once you purchase an Annual Subscription, we will automatically process your Annual Subscription fee. We will continue to automatically process your Annual Subscription fee each year thereafter, at the then-current Annual Subscription fee amount, until you cancel your Annual Subscription. By purchasing an Annual Subscription, you acknowledge and agree that Annual Subscription fees will be charged to your credit/debit card on a recurring basis, without further authorization from you, and you accept full responsibility for all such recurring charges prior to cancellation. We will provide you notice of any change in the amount of your Annual Subscription fee before the change takes effect.

5. Cancellation.

5.1 To cancel your Subscription, you must take one of the following actions: (i) send an e-mail to us at [email protected], or (ii) call us at (323) 224-3681 and indicate that you wish to cancel your Subscription.

5.2 A cancellation will become effective at the end of your then-current Subscription term. All subscription fees charged to your credit/debit card prior to cancellation are nonrefundable. For example, if your recurring subscription fee is scheduled to be charged to your credit/debit card on March 1, you must cancel your Subscription prior to March 1 to avoid that charge; if you cancel your Subscription on or after March 1, no amount of the fee charged to your credit/debit card on March 1 will be refundable, and your Subscription will continue until the end of the then-current term.

6. Gift Subscriptions. You may purchase a Subscription as a gift for someone else. All provisions of these Terms and Conditions, including, without limitation, the provisions relating to Automatic Renewal (Section 4) and Cancellation (Section 5), shall apply to Subscriptions that are purchased as a gift.

7. Taxes. Subscription fees do not include taxes. You are solely responsible for the payment of any and all taxes applicable to your Subscription, including, without limitation, any sales, use, value-added, excise, federal, state, local, and other taxes. We reserve the right to charge you for any taxes that we believe are required to be paid in connection with your Subscription.

8. Shipping and Handling. Subscription fees for Subscriptions that are associated with an address within the contiguous United States include all amounts for shipping and handling. Additional shipping and handling fees may be charged for Subscriptions that are associated with an address outside the contiguous United States.

9. Digital Content. You acknowledge and agree that all content, materials, text, images, videos, graphics, trademarks, logos, buttons, icons, music, software, and other elements available on, in, or through the Digital Content are the property of the Dodgers or our licensors, and are protected by United States and/or international copyright, trademark, and/or other intellectual property or proprietary rights and laws. You are permitted to access the Digital Content solely for personal, non-commercial purposes.

10. Bonus Boxes. Bonus Boxes are shipped by a third party carrier. Title and risk of loss for each Bonus Box and its contents pass to you upon our delivery to the third party carrier. We are not responsible for any Bonus Box or any contents thereof that are lost, stolen, damaged, or destroyed. There shall be no refunds, returns, exchanges, substitutions, or cash redemption of any Bonus Box or any contents thereof. You are permitted to use each Bonus Box and its contents solely for personal, non-commercial purposes.

11. Subscriber Content.

11.1 As a purchaser of a Subscription, you may be permitted, at the Dodgers’ sole and absolute discretion, to upload, post, share, and/or display (collectively, “Publish”) photographs, digital recordings, video, audio, written comments, and/or other content (individually and collectively, “Subscriber Content”) on or to the on-line platform that hosts the Digital Content and/or other on-line platforms that are owned, operated, or controlled by the Dodgers. You shall not (i) Publish any Subscriber Content that infringes upon or violates any intellectual property, publicity, or privacy rights of any person or entity, or which is untrue, inaccurate, or not your own, (ii) attempt to interfere in any way with the Digital Content or the platform that hosts the Digital Content, (iii) attempt to gain unauthorized access to any website, on-line platform, or computer system, (iv) catalog, reproduce, store, or distribute the Digital Content or any Subscriber Content that is not your own, or (v) upload or transmit viruses, worms, or any other type of malicious code to any platform, website, or computer system.

11.2 By Publishing your Subscriber Content on any website or on-line platform that is owned, operated, or controlled by the Dodgers, you grant the following rights to the Dodgers: (i) use, reproduce, publish, and depict your name, voice, and/or likeness, in any manner that the Dodgers deem necessary or appropriate, in and in connection with, the use, production, distribution, sale, publication, exhibition, and/or exploitation of any and/or all of your Subscriber Content, (ii) copyright your Subscriber Content in the name of Los Angeles Dodgers LLC and/or any other name that the Dodgers may select at their sole discretion, and (iii) use, reproduce, publish, distribute, exhibit, broadcast, televise, and/or exploit your Subscriber Content, in whole or in part, severally or in connection with any other digital recordings, photographs, films, video tape, audio tape, and/or other images or recordings, in any medium and for any purpose whatsoever, including, without limitation, on or in products, merchandise, and/or goods, or for purposes of advertising, selling, and/or soliciting the purchase of products, merchandise, goods, and/or services.

11.3 The rights granted to the Dodgers herein are granted in perpetuity, worldwide, and without limitation as to the medium by which your Subscriber Content may or will be displayed or the manner of exploitation.

11.4 The Dodgers shall retain sole ownership of all worldwide copyrights and other property rights and interests in and to your Subscriber Content, and shall retain all of the rights afforded to copyright owners under all applicable foreign and domestic laws, rules, and regulations, including, without limitation, the right to receive royalties distributed pursuant to such laws, rules, and regulations and to sue for infringement. The Dodgers shall retain the unrestricted and unencumbered right to assign, license, sell, and/or exploit your Subscriber Content in whatever medium it may be fixed. Any and all proceeds derived therefrom shall be retained by the Dodgers.

11.5 As used in these Terms and Conditions, the term “Subscriber Content” shall not include any feedback, comments, suggestions, or reviews (collectively, “Feedback”) regarding any of the Subscription Benefits (as defined in Section 12.1, below) that you provide to the Dodgers. However, by purchasing a Subscription, you grant to the Dodgers a non-exclusive license to use, reproduce, publish, distribute, exhibit, broadcast, televise, and/or exploit your Feedback, in whole or in part, in any medium and for any purpose whatsoever, including, without limitation, on or in products, merchandise, and/or goods, or for purposes of advertising, selling, and/or soliciting the purchase of the Subscription Benefits.

12. Prohibitions.

12.1 Except as specifically permitted by the Dodgers pursuant to Section 11, above, you may not reproduce, duplicate, copy, distribute, publicly display, transmit, post, publish, sell, rent, transfer, assign, license, or exploit, in any form or by any means, your Subscription, the Digital Content, any Bonus Box, or any items contained within any Bonus Box (collectively, the “Subscription Benefits”), or any portion, aspect, or element thereof.

12.2 You are prohibited from using the Subscription Benefits (i) for any unlawful purpose, (ii) to violate any state, federal, local, international, or provincial laws, regulations, rules, or ordinances, (iii) to infringe upon or violate any intellectual property, publicity, or privacy rights of any person or entity, (iv) to submit, pursue, or advance any false or misleading information, or (v) for any obscene or immoral purpose.

13. Privacy. In order to provide you access to the Digital Content and ship Bonus Boxes to you, we must collect and store certain information about you. We collect, store, and use your information as set forth in our Privacy Policy, which can be accessed at www.mlb.com/official-information/privacy-policy.

14. Consent to Electronic Communications and Solicitation. By purchasing a Subscription, you understand, acknowledge, and agree that we may contact you by e-mail to provide you with information about the Subscriptions and/or the Dodgers, including, but not limited to: (i) notices about your Subscription, (ii) administrative messages and other related information, and (iii) advertising and marketing messages regarding the Subscriptions, promotional opportunities, the Dodgers, and/or our sponsors. You may choose to opt-out of receiving advertising and marketing messages by following the “unsubscribe” instructions in such messages.

15. Access Codes and Passwords. Any and all access codes, usernames, and passwords (individual and collectively, “Pass Codes”) that we provide to you or that you select in connection with a Subscription should be safeguarded at all times. You may not share your Pass Codes with anyone. You are fully responsible for all activities that occur through the use of your Pass Codes, whether or not you authorized the particular use or user, and regardless of your knowledge of such use. You agree to notify us immediately of any unauthorized use of your Pass Codes, or any other similar breach of security.

16. Dodgers’ Marks.

16.1 You acknowledge and agree that you have no rights or interest in or to Dodgers’ Marks (as defined below). You shall not use Dodgers’ Marks in any manner whatsoever. Furthermore, you shall not, by any act or omission, with or without others, do or authorize anyone to do anything that would or could infringe upon, harm, and/or contest the rights of the Dodgers in their use, ownership, and/or control of Dodgers’ Marks.

16.2 As used in these Terms and Conditions, the term “Dodgers Marks” shall mean the names, nicknames, slogans, emblems, logotypes, insignia, designs, devices, colors, artwork, coats of arms, trophies, uniforms, uniform designs, helmet designs, trademarks, trade names, service marks, trade dress, and copyright rights in each of the foregoing, mascots (including all names and designs thereof), and stadium and ballpark names and designs, that at any time were or are owned, applied to be registered or registered, controlled, cleared for use by or on behalf of, or licensed by, the Dodgers. Without limiting the effect of the foregoing, you acknowledge and agree that the term “Dodgers’ Marks” includes all images of Dodger Stadium and any landmarks or structures that can be identified as being Dodger Stadium (e.g., the distinctive architecture of the roofs on the premises, seat colors, concession stands, any and all signage, including, without limitation, luxury suite signs and directional signs, and any and all artwork and furniture in the luxury suites).

17. Disclaimers and Limitations of Liability. To the extent not prohibited by applicable law, and to the maximum extent permitted by applicable law, you acknowledge and agree to be bound by the entirety of each of the provisions set forth in Sections 17.1 through 17.6, below.

17.1 The Subscription Benefits are provided on an “AS IS” and “AS AVAILABLE” basis. The Dodgers do not make any representations or warranties regarding the Subscription Benefits or any aspect, element, use, application, or function thereof.

17.2 WITHOUT LIMITING ANY OF THE FOREGOING, THE DODGERS AND THE MLB ENTITIES (AS DEFINED IN THE DODGERS TERMS OF USE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES, REPRESENTATIONS, ENDORSEMENTS, AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, CONCERNING THE SUBSCRIPTION BENEFITS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS, QUALITY, ACCURACY, AND THOSE THAT ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

17.3 IN NO EVENT SHALL THE DODGERS, THE MLB ENTITIES OR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, OWNERS, EMPLOYEES, OR AFFILIATED ENTITES, OR ANY OTHER ENTITY OR INDIVIDUAL ASSOCIATED WITH THE SUBSCRIPTIONS, INCLUDING, WITHOUT LIMITATION, SPONSORS AND VENDORS, OR ANY OF THEIR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, OWNERS, EMPLOYEES, OR AFFILIATED ENTITIES (COLLECTIVELY, THE "DODGERS' PARTIES") BE LIABLE, IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOST DATA, LOST OPPORTUNITIES, AND DAMAGE TO REPUTATION, ARISING FROM OR RELATING TO THE SUBSCRIPTION BENEFITS OR THESE TERMS AND CONDITIONS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.

17.4 IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE DODGERS’ PARTIES ARISING FROM OR RELATING TO THE SUBSCRIPTION BENEFITS OR THESE TERMS AND CONDITIONS EXCEED THE AMOUNT paid by YOU TO THE DODGERS DURING THE twelve (12) months immediately preceding the event giving rise to the claim.

17.5 THE DODGERS’ PARTIES SHALL NOT BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATING TO THE SUBSCRIPTION BENEFITS OR THESE TERMS AND CONDITIONS AFTER ONE (1) YEAR FROM THE DATE THAT THE CLAIM ACCRUED.

17.6 YOU HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING FROM OR RELATING TO THE SUBSCRIPTION BENEFITS OR THESE TERMS AND CONDITIONS. FURTHERMORE, You may pursue any claim AGAINST THE DODGERS’ PARTIES only on an individual basis, and you may not bring a claim, or participate as a plaintiff, representative, or member, in a class, consolidated, or representative action of any nature.

18. Indemnification. You agree that you will indemnify, defend, and hold harmless the Dodgers’ Parties from and against any and all demands, claims, suits, causes of action, whether at law or in equity, costs, expenses and attorney fees, and/or any liability whatsoever, for any injuries and/or damages whatsoever sustained by anyone, whether to their persons, property, and/or reputation, as a result of or incident to (i) your negligence (whether active or passive) or willful misconduct, (ii) your breach of these Terms and Conditions, (iii) your violation of any applicable law, rule, or regulation, (iv) your access to and/or use of the Digital Content, and (v) your access to and/or use of any Bonus Box or any contents thereof. The foregoing indemnity will apply to any and all costs and expenses incurred by or on behalf of the Dodgers’ Parties in defending and/or preparing to defend against any such claims, suits, and/or liability.

19. Attorneys’ Fees. To the extent permitted by applicable law, the prevailing party in any action, litigation, or proceeding conducted in connection with a dispute between the Dodgers’ Parties and you shall be entitled to recover all costs and expenses of such action, litigation, or proceeding (including costs and attorneys’ fees) from the other party.

20. Governing Law. These Terms and Conditions, and all aspects of the Subscription Benefits, will be governed by and construed in accordance with the laws of the State of California and any applicable federal law without regard to choice of law rules or principles. You agree to irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, in connection with all matters and issues arising from or relating to the Subscription Benefits or these Terms and Conditions. You agree not to bring any claim or action except in such courts, and you irrevocably waive all claims, defenses, and objections based on improper venue, inconvenient forum, and/or lack of personal jurisdiction with respect to such courts. Notwithstanding the foregoing, you agree that the Dodgers may apply for or otherwise seek injunctive relief in any jurisdiction and/or venue.

21. No Waiver of Rights. The failure of the Dodgers to seek redress for any violation of, or to insist upon the strict performance of, any covenant, term, condition, representation, and/or warranty set forth in these Terms and Conditions will not constitute a waiver of such rights or in any way limit or prevent the subsequent enforcement of any such covenant, term, condition, representation, and/or warranty. The various rights, powers, and/or remedies of the Dodgers or herein contained will not be considered as exclusive of, but will be considered cumulative to, any rights, powers, and/or remedies now or hereafter existing at law or in equity and/or created by these Terms and Conditions.

22. Provisions Severable. The provisions of these Terms and Conditions are severable, and if any one or more of these provisions is held to be invalid or unenforceable, in whole or in part, the remaining provisions and any partially enforceable provisions will be and remain binding and enforceable.

23. Entire Agreement. These Terms and Conditions constitute the final expression of the understanding and agreement between you and the Dodgers with respect to the subject matter hereof and a complete and exclusive statement of the terms thereof. Accordingly, these Terms and Conditions supersede all prior and contemporaneous negotiations, understandings, and agreements between you and the Dodgers with respect to the subject matter hereof. You acknowledge and agree that the Dodgers have not made any representations or promises in connection with these Terms and Conditions or the subject matter hereof not contained herein.

24. Questions? If you have any questions regarding your Subscription or these Terms and Conditions, please contact us at by e-mail at [email protected] or by phone at (323) 224-3681.