Terms of Use


By participating in the EXPERIENCE or by responding with “OK” to  the @BankofAmerica Twitter and/or Instagram handles which are inviting you to the EXPERIENCE: (i) you accept or agree to these terms, (ii) you represent that you are 18 years of age or older, and (iii) you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, do not participate in the EXPERIENCE.


The EXPERIENCE is public, which means that anyone may potentially be able to see your comments, photos, videos, content and posts (collectively, “Posts”) that are submitted in connection with the EXPERIENCE. While we want to foster healthy sharing, we encourage everyone to:

  • Stay on topic, use common courtesy and be respectful of others
  • Submit your own original content, and avoid content that you know or have reason to believe may be fraudulent
  • Not post someone else's copyrighted work unless you have permission
  • Never post personal, identifying or confidential information (such as full names, phone numbers, email addresses, social security numbers or account numbers)

Moderation Policies

The EXPERIENCE is monitored by Bank of America employees or individuals acting on behalf of the bank. All Posts will be reviewed to ensure that they comply with our Rules. We reserve the right to disregard, reject or ignore Posts that we deem are abusive, inflammatory or otherwise inappropriate. While the EXPERIENCE is monitored, because the experience is public and anyone can participate, we cannot be responsible for views expressed other than our own.

Please note:

  • The EXPERIENCE is meant as a way for sharing your support for the MLB Memory Bank Program, and is not a substitute channel for services or general questions. Please visit bankofamerica.com for more information about specific products and services.
  • Submission of an acceptable Post to the EXPERIENCE does not guarantee its display across Bank of America or partner-owned sites/social media channels. Bank of America and its partners reserve the right to use discretion in selecting content for republication.
  • Do not post or transmit material you do not have the right to post or transmit under law (such as copyright, right of publicity, trade secrets or securities).
  • The EXPERIENCE is only for your personal use. You may not use the EXPERIENCE for commercial purposes, or in any way that is unlawful or harms us or any other person or entity.
  • The EXPERIENCE may not be used for the submission of any claim, demand, informal or formal complaint, or any other form of legal and/or administrative notice or process, or for the exhaustion of any legal and/or administrative remedy.
  • Bank of America reserves the right to ban any user from the EXPERIENCE without prior written notice or consent for violations of these rules. Any Posts which we deem to be criminal in nature, or which instigate or imply violence toward any person or property, may be reported to the proper authorities.

Photo, Video and Message Submissions Policy

We expect Posts to follow the rules of polite discourse and we ask that participants treat each other, as well as our employees and representatives, with respect. We may disregard, reject or ignore Posts that we deem to be:

  • Profane, obscene, inappropriate, disruptive or unrelated.
  • Indecent, sexually explicit or pornographic material of any kind — including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language.
  • Threats; personal attacks; abusive, defamatory, derogatory or inflammatory language; or stalking or harassment of any individual, entity or organization.
  • Discriminatory or that contain hateful speech of any kind regarding age, gender, race, religion, nationality, sexual orientation or disability.
  • False, inaccurate, libelous or otherwise misleading in any way.
  • Spam, or containing or linking to any kind of virus, malware, spyware or similar program that could cause harm to a user's computer.

Please note:

The content of your Posts should be limited to individuals who have provided you express consent to have their statements, image, name or likeness displayed and shared in the EXPERIENCE. “Express consent” means an individual has read and accepted these Terms of Use. Posts that include any individual under 18 years of age also require the express consent of the parent or guardian of that individual(s). Failure to provide express consent in any instance may result in non-consideration of your Post.

For the benefit of healthy sharing, we ask that Posts remain on topic. This means that Posts should relate to the topic of celebrating baseball memories and experiences. We may disregard negative comments or images about Bank of America and/or our competitors that aren’t relevant and don’t add to the overall experience. We may also reject Posts that we deem to be off topic, including solicitations.

Copyright and Intellectual Property Policies

Please note the following copyright and intellectual property policies:

  • Infringement on any party’s copyright, patent, trademark, trade secret, intellectual property, or other proprietary rights, or right of publicity or privacy is strictly prohibited and is your sole responsibility.
  • By submitting any Posts to the EXPERIENCE, you warrant and represent that you are the owner of the content within such Posts or that the owner of the content has granted you permission to use such content consistent with the manner and purpose of your use.
  • Using the EXPERIENCE to distribute unauthorized copies of copyrighted material, including videos, photos, artwork, text, recordings, designs, computer programs, or derivative works of such programs is strictly prohibited and subject to removal.
  • Please note that by submitting Posts or any other content or ideas to the EXPERIENCE, you are granting Bank of America, its partners and its designees nonexclusive, worldwide rights to republish, redistribute or otherwise use the Posts in perpetuity in any way we see fit. This includes, but is not limited to, use in marketing and advertising materials.


By submitting your Posts through an on-site authorized kiosk provider for the EXPERIENCE, the privacy policy of the provider shall govern its information collection and sharing practices.

With respect to content including photos or videos collected through Instagram, Bank of America adheres to their privacy policy. You agree to release Instagram from any liability, and agree that the information you provide to the EXPERIENCE is being provided to Bank of America and not to Instagram, and acknowledge that the program is in no way sponsored, endorsed or administered by, or associated with, Instagram. Program does not use Instagram features or functionality as the program’s registration/entry mechanism. Note: Entry refers to entrance into the program, not the app. Program does not condition registration or entry upon the user taking any action using any Instagram features or functionality other than liking a Page, checking in to a Place, or connecting to your app. Program does not use Instagram features or functionality, such as the Like button, as a voting mechanism. Program does not notify participants through Instagram, such as through Instagram messages, Direct Message or posts on profiles or Pages.

With respect to content including photos or videos collected through Twitter or any other social media platforms, Bank of America adheres to their respective privacy policies. PLEASE NOTE THE FOLLOWING ADDITIONAL TERMS:

  • Your posts/tweets within the EXPERIENCE, along with your name and other publicly shared information, may be republished on pages of other Web sites operated by Bank of America or its partners, including social media pages on sites such as Instagram and Twitter, as well as through other external media channels authorized by Bank of America and its partners. Such “external media channels” include, but are not limited to, any digital signage in public fora such as participating stadiums, urban landmarks, etc., as well as in ATMs and Digital Communication Networks (“DCNs”) within Bank of America financial centers. Given the visibility of your Post, please take care in the type of information that you include in your Post.
  • Once your post/tweet is republished for public viewing, it may be viewed and shared by third party users of those sites.
  • By submitting your post/tweet to the EXPERIENCE you confirm that you are the owner of the tweet/post or have the permission of the original owner to submit the tweet/post, that you have the permission of everyone who appears or is named in it, and that for anyone featured who is under 18 years old, you have secured the express permission of that individual’s parent or legal guardian.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your participation in the EXPERIENCE and the possibility of our use or display of your Posts and the possibility of the publicity and promotion from our use or display of your Posts.

You acknowledge and agree that nothing in these Terms of Use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the EXPERIENCE or any part thereof to you or any third party nor to authorize you to create derivative works based on the content on the EXPERIENCE. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

By communicating a Post, you represent and warrant that the Post and your communication thereof conform to the Rules of Conduct above and other requirements of these Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, such as consents and permissions from any third parties appearing or named in the Post, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Post in all manners contemplated by these Terms of Use. These Terms of Use do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Post.

You agree that any Posts you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.

Subject to applicable law, we may suspend or terminate your ability to participate in the EXPERIENCE or portion thereof for failure to comply with these Terms of Use or for infringing copyright, or for any other reason whatsoever.

You acknowledge that EXPERIENCE and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Post to the EXPERIENCE. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

Without prejudice to any of our other rights under these Terms of Use or at law, we reserve the right to (a) refuse to consider any Post from the EXPERIENCE that violates these Terms of Use (including the Rules of Conduct) and (b) to the extent we are able to do so under applicable law, identify any user to third parties, and/or disclose to third parties any Post or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use (including the Rules of Conduct) and/or protect the safety or security of any person or property, including the EXPERIENCE.

The materials within the EXPERIENCE are provided “as is.” Bank of America makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. In no event shall Bank of America, its affiliates, or its suppliers be liable for any damages arising out of the use or inability to use the materials within the EXPERIENCE, even if Bank of America has been notified orally or in writing of the possibility of such damage. Bank of America will not be responsible in any way for loss or damage that results from your failure to comply with these terms or other applicable guidelines, or from any technical, human or software errors or failures found within the EXPERIENCE. You agree to indemnify, defend and hold harmless Bank of America, its parent, subsidiaries, officers, employees and agents from any and all liability with respect to any claims from any third parties arising from your participation in the EXPERIENCE or violation of these terms or applicable guidelines.

This EXPERIENCE may contain the opinions and views of other users. Given the interactive nature of the EXPERIENCE, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy or veracity of any content generated by our users.

Subject to applicable law, at any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by posting notice of such amendment within the EXPERIENCE covered by these Terms of Use.

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