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Terms and Conditions

By transmitting your user-generated content (“Submitted Content”), you grant, and represent and warrant that you have the right to grant, to Marlins Teamco LLC (the “Marlins”), a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.

You represent that your Submitted Content is an original work by you or you have all necessary rights in it to submit it to the Marlins under the terms of this Agreement. You further agree that you are solely liable for, and that agree to indemnify and hold the Marlins Indemnified Parties harmless from, any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If the Marlins determine, in the Marlins sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, the Marlins reserve the right to (i) refuse to allow you to upload or otherwise transmit Submitted Content; and (ii) remove and delete your Submitted Content, in addition to any other rights or remedies the Marlins may have available to them at law or at equity. For the purposes of these terms, “Marlins Indemnified Parties” means the Marlins, Marlins Funding LLC, Marlins Holdings LLC, Marlins Stadium Operator, LLC, Marlins Stadium Developer, LLC, Miami-Dade County, the City of Miami, and any and all of their past, present, and future affiliates, parents, subsidiaries, shareholders, owners, employees, officers, directors, members, partners, representatives, contractors, subcontractors, licensees, agents, assigns, and insurers.

Any dispute or claim arising out of or relating to these terms, or your use of the digital platform at issue or the Submitted Content, whether based in contract, tort, statute, fraud, misrepresentation, common law, or any other legal theory, ("Dispute") will be resolved through binding individual arbitration. The arbitration of any Dispute shall be administered by and conducted in accordance with the applicable rules of the American Arbitration Association ("AAA"), shall take place in Miami, Florida, and Florida law shall apply. YOU AND THE MARLINS AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND THE MARLINS AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE MARLINS WAIVE THE RIGHT TO A JURY TRIAL.