This page contains the terms and conditions (the "Terms and Conditions") for the MLB.com Mobile applications At Bat, At Bat 12 and/or At Bat Lite (each and collectively the "MLB.com Mobile Application"). In order to use the MLB.com Mobile Application, including any third party software made available to you in conjunction with this application and/or the related service you must agree to be bound by these Terms and Conditions. If you cannot or do not wish to abide by these Terms and Conditions, please exit and do not proceed with use of this product.
The MLB.com Mobile Application is an MLB.com service designed to be used in conjunction with the MLB.com website and other MLB.com services. Accordingly, you agree and acknowledge that your use of the MLB.com Mobile Application is also subject to the terms of use for the MLB.com website (available at http://mlb.mlb.com/mlb/official_info/about_mlb_com/terms_of_use.jsp). The MLB.com Mobile Application is a "Service" as defined in Section 4 of the MLB.com website terms of use agreement. To the extent that there is any inconsistency or conflict between such additional terms and these Terms and Conditions, the prohibitions of these Terms and Conditions take precedence. The MLB.com Mobile Application may offer opportunities for you to transmit messages, information (including information about your location), ideas, opinions, images, audio, video, creative works or other information or material via third party social networking websites and products ("Third Party Social Networking Features") and to be eligible to receive certain special offers that may only be made available in connection with use of the MLB.com Mobile Application and/or certain Third Party Social Networking Features. Any use of Third Party Social Networking Features is subject to the then current terms of the applicable third party website or product and not these Terms and Conditions, unless otherwise stated in the terms of such Third Party Social Networking Features. Special offers (if any) made available from within the MLB.com Mobile Application or with or via any Third Party Social Networking Feature will be subject to these Terms and Conditions. The MLB.com Mobile Application may allow access to or make available opportunities to purchase certain live streaming video products. All live streaming video products will be subject to blackout and other restrictions, as set forth in the MLB.com terms of use (available at http://mlb.mlb.com/mlb/official_info/about_mlb_com/terms_of_use.jsp). To determine if you are blacked out from watching any given live streaming video product in your current location the MLB.com Mobile Application will determine your location using one or more reference points, such as GPS and software within your mobile device. If you have set your mobile device to disable GPS or other location determining software, the MLB.com Mobile Application may not be able to determine your location and you will not be able to access live streaming video products. The MLB.com Mobile Application does not store your location information. For more about how the MLB.com Mobile Application uses and retains your information, please read the MLB.com Mobile Application Privacy Policy.
Windows Users: Once you have purchased the MLB.com Mobile Application, you may download it to up to five (5) mobile devices associated with your Windows Live ID at no additional charge.
Subscription fees, if any, charged by MLB.com for use of the MLB.com Mobile Application are stated in the order process for the application or in the order process for any in-app purchase. However, depending on your mobile phone plan and your carrier or provider, you may incur data charges from your carrier or other provider for downloading and/or using the MLB.com Mobile Application or other MLB.com mobile products and services. Any in-app purchase is subject to the terms and conditions set by and in the discretion of the applicable Distributor (defined below) of the MLB.com Mobile Application (e.g. Apple, Google, Microsoft, etc.).
Unless you obtain MLB.com's prior written consent, you agree not to reproduce, distribute, perform, display, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the MLB.com Mobile Application.
Furthermore, you may not use the MLB.com Mobile Application for any commercial purpose or in any manner that could damage, disable, overburden, or impair MLB.com's services (e.g., you may not use the MLB.com Mobile Application in an automated manner), nor may you use the MLB.com Mobile Application in any manner that could interfere with any other party's use and enjoyment of MLB.com's services.
For customer support with your MLB.com Application, please contact mlb-mobile-cs@mlb.com or call 866-306-5311. Neither Microsoft, nor your mobile device manufacturer, nor your wireless carrier is responsible for or will provide customer support for the MLB.com Application.
As between you and MLB.com, you agree and acknowledge that MLB.com owns all rights, title, and interest in and to the MLB.com Mobile Application, including without limitation all associated Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and related laws, and any and all together proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove, obscure or alter MLB.com's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the MLB.com Mobile Application.
THE MLB.COM MOBILE APPLICATION IS 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. MLB.COM ON BEHALF OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE MLB.COM MOBILE APPLICATION IS DISTRIBUTED AND EACH OF THE FOREGOING'S RESPECTIVE AFFILIATES AND SUPPLIERS ("DISTRIBUTORS") DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MLB.COM MOBILE APPLICATION AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD AND/OR USE OF THE MLB.COM MOBILE APPLICATION IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE MLB.COM MOBILE APPLICATION. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL THE DISTRIBUTORS OR ANY MLB ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE MLB.COM MOBILE APPLICATION. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MLB.COM HAS 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 MLB.COM IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE DISTRIBUTORS AND ANY MLB ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE MLB.COM MOBILE APPLICATION IS THE AMOUNT PAID FOR THE MLB.COM MOBILE APPLICATION. This disclaimer applies even if repair, replacement or a refund for the MLB.com Mobile Application does not fully compensate you for any losses; or MLB.com knew or should have known about the possibility of the damages.