1. Acknowledgement and Acceptance

This agreement between you and the San Francisco Giants Baseball Club LLC (“Giants”) governs your participation in the Giants Fan Council and use of the Giants Fan Council website, email or survey platforms, or any other platforms that the Giants may operate in connection with the Giants Fan Council (collectively, “Platforms”). By submitting your registration, you agree to be bound by these terms (“Terms”). Should you not wish to accept these Terms, please cease your use of the Platforms immediately. These Terms supplement the SFGiants.com Terms of Use and Privacy Policy, which are hereby incorporated by this reference and also govern your use of the MLBAM Properties included in the Platforms; provided that, in the event of a direct conflict between these Terms and the SFGiants.com Terms of Use and Privacy Policy with respect to the San Francisco Giants Fan Council (the “Giants Fan Council”), the terms of these Terms will prevail to the extent of the conflict.

The Giants reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Platforms, or any aspect pertaining to the use of the Platforms.

The Giants reserves the right, at any time and from time to time, to modify or amend these Terms or any part thereof, without notice to you. Your continued use of the Platforms constitutes an affirmative acknowledgement of any modification and your continued agreement to be bound by the modified Terms. The Giants reserves the right to the final interpretation of these Terms and shall not be liable for any errors or omissions within these Terms.

By applying to become a member and/or by becoming a member of the Giants Fan Council (“Member”), you agree to allow us to communicate with you via email, Facebook or any other means in relation to the Giants Fan Council and opportunities to participate in any related activities.

2. Terms of Participation

Your ability to participate on the Platforms is expressly conditioned upon your compliance with these Terms and with all policies and guidelines applicable to the Platforms that the Giants may make from time to time.

You have to be eighteen (18) years or older to participate on the Platforms. By accessing or using the Platforms, you represent and warrant that you meet the eligibility requirements. In the event the Giants discovers that you do not meet the minimum age requirement, the Giants may suspend or terminate your membership or participation in the Giants Fan Council. Consistent with the SFGiants.com Privacy Policy (available here: https://www.mlb.com/official-information/privacy-policy), the Giants will not knowingly accept personal information about any individual under the age of thirteen (13).

To become a Member of the Giants Fan Council, you must follow the registration process set out below (the “Giants Registration Process”).Prospective Members of the Giants Fan Council must complete the Giants registration form. Registration forms may include the form available on SFGiants.com or any Giants’ Platform; or registration forms hosted by or on behalf of the Giants and accessed via third-party websites.

Giants will select Fan Council members from individuals who submit registrations through the Giants Registration Process. Submitting a registration does not guarantee membership on the Giants Fan Council. It is the Giants’ objective to create a Giants Fan Council comprised of a diverse group of fans and the Giants retain sole discretion with respect to membership selection. The Giants may extend certain gratuitous benefits to Members from time to time, including without limitation ticketing discounts, invitations to special events, offers from Giants’ partners, and other discretionary benefits (“Benefits”). Benefits are extended at the sole discretion of the Giants. No Member or other individual has any right to receive Benefits. Benefits cannot be exchanged for monetary value or transferred or sold to any third party.

3. Accurate Information Provided

In consideration of the Giants granting you access to the use of the Platforms, you agree to:

1. Provide true, accurate, current and complete information about yourself as prompted by the Giants Registration Process;

2. Provide true, accurate, current and complete information about yourself as prompted by the Giants while using the Platforms; and

3. Provide honest and accurate surveys responses to the best of your ability.

If you provide any information that is (or is suspected to be) untrue, inaccurate, not current or incomplete, the Giants has the right to suspend or terminate your use of the Platforms and/or membership or participation in the Giants Fan Council.

In the event of noncompliance of any of these terms, fraud or other inappropriate activity (including, but not limited to, the non-consensual disclosure of confidential information or content), the Giants reserves the right to cancel your membership in the Giants Fan Council and/or restrict and prevent your use of the Platforms. The Giants reserves the right to take any necessary measures to remove or suspend any users suspected of misuse, inappropriate activity or impersonation. The Giants reserves the right to terminate membership in the Giants Fan Council for any reason or no reason, including without limitation, inactivity, alternating membership, and reconstituting or disbanding the Giants Fan Council.

4. Non-Disclosure

Information and content made available to you on the Platforms may contain confidential or proprietary information, including, but not limited to, survey content. You must hold in strict confidence and not disclose to any other person any non-public information and/or content that you access or learn in connection with your participation in any survey or activity on or related to the Platforms.

You must not use any such information or content for any purposes, including for commercial purposes, other than in accordance with these Terms. If you breach this obligation, you may be liable for damages to the Giants, the MLB Entities (as defined in the SFGiants.com Terms of Use), and/or their clients and/or other partners caused by result of your breach.

You hereby agree to notify the Giants immediately if you learn or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in these Terms.

5. User Content

Use of the Platforms may allow you to interact with or submit content to the Platforms, including opinions, ideas, feedback or other information or content (“User Content”).

You acknowledge that you are solely and entirely responsible for all User Content that you upload, post, link to, email or otherwise transmit via your use of the Platforms.

The Giants reserves the right, in its sole discretion, to refuse, edit, reject, or remove any User Content, whether or not it violates these Terms.

The Giants shall own all right, title, and interest in and to any User Content and you hereby irrevocably assign to the Giants and its affiliates (including the MLB Entities as defined in the SFGiants.com Terms of Use) all right, title, and interest in and to any such User Content, including, but not limited to, all copyrights, trademarks (including the goodwill attached thereto), and other intellectual property rights in the User Content in the United States or anywhere throughout the World, together with the right to secure renewals and extensions of such rights throughout the World, for the full term of said rights and any renewal extensions of same that is or may be granted throughout the World. Without limitation, the Giants reserve the right to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, perform and display such User Content (in whole or part) throughout the world and/or to incorporate it in other works in any form, media or technology, without acknowledgement or compensation to you. You waive and relinquish any and all rights you may have in and to the User Content under the Visual Artist Rights Act, the California Art Preservation Act, and the California Cultural and Artistic Creations Preservation Act, and your waivers extend to any person or entity including an heir, legatee, or personal representative who may enforce your rights directly or indirectly. You agree that the Giants are under no obligation, monetary or otherwise, to you for such assignment and waiver of rights by you. You agree to execute and deliver to the Giants, the Giants’ successors and assigns, all documents that the Giants deem necessary to obtain and perfect the interests of the Giants, the Giants’ successors and assigns, in the User Content.

In the course of using the Platforms, you agree not to:

1. Upload, post, submit, link to, email or otherwise transmit any illegal material or material that advocates illegal activity;

2. Upload, post, submit, link to, email or otherwise transmit any material that infringes or misappropriates any patent, trademark, copyright, trade secret, or other intellectual property rights of a third party;

3. Impersonate any person (living or dead) or entity;

4. Forge headers or otherwise manipulate identities in order to disguise the origin of any content transmitted or provided through using the Platforms;

5. Upload, post, link to, or otherwise transmit any information that you do not have a right to transmit;

6. Upload, post, link to, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “chain letters”, “phishing emails”, “pyramid schemes”, or any other form of solicitation;

7. Upload, post, link to, email or otherwise transmit any material that contains software viruses or any other computer, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment;

8. Collect or store personal data about other individuals;

9. Attempt to submit more than one vote per survey or do any other act that may affect the validity of any result obtained through the Platforms; and

10. Upload any User Content that is, in the sole judgment of the Giants, objectionable, or which may expose the Giants to liability of any type.

6. Termination

Membership in the Giants Fan Council is completely voluntary. If you no longer wish to be a Member, please contact the Giants through any of the Platforms or at [email protected]. The Giants will then cease to contact you about the Giants Fan Council, subject to a sixty (60) day administration period. You therefore acknowledge and agree that if you terminate your membership in the Giants Fan Council, you may receive emails from the Giants about the Giants Fan Council for a period of sixty (60) days thereafter.

You agree that the Giants, in its sole discretion, may cancel or suspend your membership in the Giants Fan Council, prevent or restrict your use of the Platforms, or remove or discard any User Content, at any time for any reason, for which you or any third-party will have no recourse against Giants.

The Giants reserves the right to terminate any of the Platforms for any reason at any time.

*Disclaimer of Warranties *

You expressly agree that your use of the Platforms is at your sole risk. All Platforms and content on the Platforms are provided on an “as is” and “as available” basis. The Giants does not represent or warrant that the information accessible via the Platforms is accurate, complete, or current.

The Giants and the other MLB Entities (as defined in the SFGiants.com Terms of Use) disclaim all warranties, whether express or implied, including but not limited to any implied warranties of merchantability, of fitness for a particular purpose, of results, and of accuracy or completeness or privacy or security of information.

The Giants and the other MLB Entities further disclaim any warranties of uninterrupted use, operation, or availability of the services or any content, or that any submission or transaction request you attempt using the Platforms will be successful, uncorrupted, or completed within a reasonable amount of time.

7. Indemnity

You hereby agree to indemnify and hold harmless the Giants, its parent, subsidiaries, affiliates (including the MLB Entities as defined in the SFGiants.com Terms of Use) and each of their respective agents, directors, officers, employees, independent contractors, licensees, vendors and representatives (collectively, the “Released Parties”) from and against any and all liability, losses, claims, and damages of any kind (including, without limitation, direct, indirect, incidental, consequential, punitive or exemplary damages or reasonable legal fees) resulting in any way from your use of the Platforms or resulting from any breach of these Terms. The Released Parties are not responsible, and shall not be held liable, for any security breaches by any third party, including without limitation related to unauthorized activities related to the Platforms.

8. Intellectual Property

The Platforms and all information and content contained on and within the Platforms, including but not limited to text, graphics, audio, video, photographs, software, inventions, surveys, logos or other materials (“Materials”) are the intellectual property of, or are authorized for use by, the Giants and its licensors, business partners and affiliates, including all trademarks, service marks, copyrights, patents, database rights and trade secrets contained therein. The compilation, organization and display of the content as well as all software and inventions used on and in connection with the Platforms are the exclusive property of the Giants and its affiliates, and/or the other applicable MLB Entities (as defined in the SFGiants.com Terms of Use).

No Materials, or any part thereof, may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit, distribute or use in any way content available on the Platforms without the prior written consent of the Giants. You shall not exploit the Platforms in any unauthorized way whatsoever, including but not limited to burdening network capacity.

As long as you comply with these Terms, the Giants grants you a limited, revocable, non-transferable, and non-exclusive license to use the Platforms, solely for your personal, non-commercial purposes. Unless explicitly stated in these Terms, nothing in these Terms will be construed as conferring any license to intellectual property rights. This license is revocable at any time. Any use of the Materials other than as specifically authorized by these Terms, without the prior written permission of the Giants, is strictly prohibited and will terminate the license granted in this section.

9. General

All notices given by the Giants to Members will be sent through the Platforms or sent to Members’ designated email addresses as provided during the Giants Registration Process.

These Terms (including the SFGiants.com Terms of Use and Privacy Policy) constitute the entire agreement between you and the Giants with respect to the subject matter herein and supersede any prior agreements, arrangements, statements and understandings between you and the Giants.

The Giants reserves the right to take legal action against you to recover any losses, damage, liabilities, costs or expenses that it suffers or incurs as a result of your breach of these Terms, violation of applicable laws, or fraud or abuse involving the Platform, and to enforce any right or remedy that it has at law. The Giants’ failure to act with respect to a particular breach does not constitute a general waiver of the Giants’ right to act with respect to subsequent or similar breaches.

Without limiting the rights of the MLB Entities pursuant to the SFGiants.com Terms of Use and Privacy Policy, a person who is not a party to these Terms shall have no right under these Terms. For the avoidance of doubt, any legislation in any relevant jurisdiction giving rights to third parties is hereby excluded.

Any provision of these Terms that is found to be invalid, unlawful, or unenforceable by applicable law will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect.