- Text Messaging Campaigns: We have added more detail about the terms that apply to our Text Messaging Campaigns.
- Notice: We updated how you may contact the Operator in certain circumstances.
- Disclaimer of warranties and damages; limitation of liability: We have revised the disclaimer of warranties and damages and the limitation of liability which apply in connection with your use of the Site.
We reserve the right to make changes, modifications, amendments and/or updates to the terms in this Subscriber Agreement from time to time and for any reason, by posting such changes in this document, which you can access at any time by visiting http://watch.nba.com. You acknowledge and agree that you shall be responsible for reviewing this Agreement from time to time for changes, and that changes to this Agreement shall be effective when posted. By continuing to use the Service after We have posted any such changes in the Subscriber Agreement or otherwise, you are agreeing to be bound by the Subscriber Agreement, as amended.
Subscription Packages: The Service is offered in the following subscription packages, each of which are subject to the Blackout and Territorial Restrictions set forth below: (i) League Pass Package (includes all NBA Regular Season games, First Round Playoff games, Second Round Playoff games, Conference Finals games, and Finals games, the NBA TV Package and access to certain video on demand content) (the “League Pass Package”), (ii) Team Pass Package (includes all NBA Regular Season games involving the selected NBA team(s) and First Round Playoff game, Second Round Playoff game, Conference Finals game, or NBA Finals game for selected team(s) if the team(s) qualify) (“Team Pass Package”), (iii) League Pass Choice Package (includes any NBA Regular Season games, First Round Playoff games, Second Round Playoff games, Conference Finals games, or NBA Finals games specifically identified as part of the purchase, limited to 8 per 30 day period) (“League Pass Choice Package”), (iv) Single Game Package (includes only the NBA Regular Season game, First Round Playoff game, Second Round Playoff game, Conference Finals game, or NBA Finals game specifically identified as part of the purchase) (“Single Game Package”), and (v) NBA TV Package (includes the NBA TV linear programming service) (“NBA TV Package”).Blackout and Territorial Restrictions: The Service may only be used and/or accessed from the allowable territories as determined by NBAP (which shall exclude, without limitation, the United States, Puerto Rico, the U.S. Virgin Islands, Bermuda, Guam and the People’s Republic of China (excluding Hong Kong, Macau and Taiwan)). Blackout restrictions may apply to the Service depending on the date of the applicable game, your location and any applicable local, national and international content distribution exclusivity requirements. You may therefore be unable to view certain games via the Service from some locations. Please go to https://support.watch.nba.com to learn more about these restrictions. IF YOU CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT, ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION, WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR SUBSCRIPTION AND CHARGE AN EARLY TERMINATION FEE OF ONE HUNDRED DOLLARS ($100.00) (OR SUCH OTHER AMOUNT AS THEN IN EFFECT) TO YOUR DESIGNATED PAYMENT METHOD; IN ADDITION, YOU MAY BE SUBJECT TO LEGAL ACTION BY US OR OTHER THIRD PARTIES.
You can always find the current subscription fees and other charges for the Service (the “Fees”) posted on the Site pages where the Service is located. All Fees will at all times be calculated and billed in the currency set forth on the purchase page for the Service, provided that NBAP reserves the right, in its sole discretion, to collect Fees in U.S. Dollars. Notwithstanding anything to the contrary in this Subscriber Agreement, the Fees shall be inclusive of VAT and any other indirect taxes. You agree to pay all Fees (including, without limitation, any applicable taxes and foreign currency exchange-related fees) incurred in connection with your access to the Service and/or your Password (defined below), at the rates in effect when the charges were incurred. We may change the Fees, or add new Fees, upon prior notice to you either by e-mail or publishing the changes on the Site pages where the Service is located. You acknowledge and agree that you shall be responsible for reviewing the Service’s schedule of Fees from time to time for changes, and you further agree that changes shall be effective when posted on the Site pages where the Service is located. Except as otherwise expressly provided herein, NBAP shall be the seller of record of Service subscriptions for purposes of VAT and other indirect taxes associated with the Service, and, without limiting the generality of the foregoing, you agree to pay Us any taxes (other than VAT or other indirect taxes) imposed on the sale of subscriptions or other products or services via the Service, for remission by NBAP to appropriate taxing authorities.
Payment Method: You authorize Us to automatically bill the Fees based on any subscription you purchase to the credit card, debit card, PayPal account, iTunes account, Google Play Billing, Amazon.com account, or real time bank transfer (“Real Time Bank Transfer”) or any other payment method supported by Us that you designate during the registration process for the Service or subsequently designate to Us (“Designated Payment Method”). You agree to provide Us with a valid Designated Payment Method and accurate, complete and updated information required by the subscription registration form. By submitting your Designated Payment Method as the form of payment, you represent and warrant that your use of such Designated Payment Method is authorized and that all information that you submit is true and accurate (including, without limitation, card/account number and expiration date). In doing so, you also authorize Us to charge to your Designated Payment Method, as applicable, all amounts payable by you to Us in U.S. Dollars (except as otherwise set forth above) based on the subscription/billing plan you selected, including, but not limited to, all Fees and any applicable taxes that are not otherwise included within the Fees and that We are required to collect. Failure to comply may result in the immediate suspension or termination of your access to the Service, as determined by NBAP. If you want to designate a different Designated Payment Method or if there is a change in your card/account validity or expiration date, you can change your account information at https://watch.nba.com/account/profile. Under this agreement, the payment processing services for the Service will be provided by NeuLion Limited, on behalf of NBAP depending on the type of payment method used for the purchase of the Service.
Payment Dates: For each of the League Pass Package and the League Pass Premium Package, the Fees are due and payable either (x) in full on the date of purchase or (y) in the event that We offer an installment plan and You select to pay pursuant to such installment plan, the first installment of the Fees is due and payable in full on the date of purchase (the “Initial Installment Date”) and the Fees for each subsequent installment shall be due and payable on the same day of each subsequent month as the Initial Installment Date or the last day of such month, whichever day occurs earlier (e.g., in the event that your subscription is payable in three installments and your first payment occurred on January 31, your next payment date will be February 28 and your final payment date will be March 31). For each of the Team Pass Package and the Single Game Package, the Fees are due and payable in full on the date of purchase (together with the League Pass Package and League Pass Premium Package described in the preceding sentence, the “Annual Packages”). For the NBA TV Package, and, in the event that We offer a monthly League Pass Package or League Pass Premium Package, such League Pass Package and/or League Pass Premium Package (together with NBA TV, the “Monthly Packages”), the Fees for the first month is due and payable in full on the date of purchase (the “Initial Monthly Date”), and the Fees for each subsequent month shall be due and payable on the same day of each such month as the Initial Monthly Date or the last day of such month, whichever day occurs earlier (e.g., in the event your first payment occurred on January 31, your next payment date will be February 28) (such date, the “Monthly Payment Date”). We will bill your Designated Payment Method on each applicable payment date as set forth above.
Automatic Renewals: Unless you elect not to participate in the auto-renewal option, (i) your subscription to any Annual Package will automatically renew on approximately September 1 of the next year at either the applicable rate for that year for such Annual Package and (ii) your subscription to any Monthly Package will automatically renew on the Monthly Payment Date at the applicable rate for such Monthly Package. If you purchase a subscription that includes an introductory free trial period, You authorize Us to automatically bill the Fees (including any renewal Fees) based on any subscription you purchase to the Designated Payment Method upon the conclusion of the free trial period, unless you elect to cancel your subscription upon the conclusion of such free trial period. To cancel the annual automatic renewal feature, you can send an e-mail to email@example.com, or use the online form found on your “My Account” page.
Upgrading a Package: We currently allow the following upgrades: (i) an upgrade from the League Pass Package to the League Pass Premium Package, (ii) an upgrade from the Team Pass Package to the League Pass Package, (iii) an upgrade from the Team Pass Package to the League Pass Premium Package and (iv) an upgrade from the NBA TV Package to the League Pass Premium Package (each, a “Permitted Upgrade”). If, at any point, you wish to upgrade your Service pursuant to a Permitted Upgrade, you will be billed for the price difference between the Package types for the billing period in which you upgrade. (For example, if you purchase a League Pass Package on January 1 and then upgrade to League Pass Premium Package on January 15, you will be billed a prorated monthly rate for the League Pass Premium Package for the period between January 15-31 and you will be billed the full subscription fee for the League Pass Premium Package, prorated as of February 1.) To upgrade your Service package, please visit https://watch.nba.com/account/profile.
Unable-to-be-processed payments: If we are unable to process your Designated Payment Method at any time, we reserve the right to suspend and/or terminate your Service account and you will remain fully responsible for all amounts payable by you to Us. Depending on your Designated Payment Method, your agreement with your Designated Payment Method provider (e.g., your credit/debit card issuer) governs use of your use of the Designated Payment Method. You must refer to those agreements and terms and conditions with respect to your rights, obligations and liabilities regarding the Designated Payment Method. We reserve the right to continue to collect payment (and to continue to attempt to collect payment) that has not been collected due to technical or other issues.
PASSWORDS AND ACCESS TO SERVICE
- That you are and shall be responsible for maintaining the confidentiality and security of your Password, and for restricting access to your computer and your Password;
- Not to share, transfer, lease, assign or sublicense any Password;
- Not to circumvent the password restrictions on the Site, nor allow others to do so on your behalf;
- Not to use anyone else’s Password; and
- To notify NBAP immediately upon discovery or suspicion of compromise of the confidentiality of any Password.
You acknowledge and agree that your subscription to the Service is personal to you and that you will not share your Password or grant any other person access to the Service, using your Password or otherwise. You further acknowledge and agree that you shall be solely liable and responsible for all activities that occur under your Password. You further agree that NBAP shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, the use of your Password by you or anyone other than NBAP. You may not use the Service for any unlawful purpose or for any purpose other than as expressly authorized herein. We shall have the right, in Our sole discretion, to refuse or restrict anyone from access to any or all of the Service at any time for any reason or to refuse to permit you to use a Password for any reason, including but not limited to, that your Password impersonates someone else, is protected by trademark or other intellectual property rights, or is vulgar or otherwise offensive, as determined solely by Us in Our sole discretion. You may only receive the Service if you are a Service subscriber in good standing with a valid, authorized Designated Payment Method on file with NBAP.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NBAP, ITS AFFILIATES AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND/OR SUPPLIERS OF THE FOREGOING SHALL NOT HAVE ANY LIABILITY FOR ANY INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER FOR ANY REASON ARISING IN CONNECTION WITH THIS AGREEMENT AND/OR THE SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THIS AGREEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NBAP, ITS AFFILIATES AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND/OR SUPPLIERS OF THE FOREGOING SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURY CAUSED, IN WHOLE OR IN PART, BY CONTINGENCIES OR ISSUES BEYOND THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO: THE ACTS OF THIRD PARTIES, ERRORS IN THE CONTENT OR SERVICE, NETWORK FAILURES, INTERNET FAILURES, SOFTWARE AND HARDWARE FAILURES, VIRUSES AND OTHER SYSTEM ATTACKS, LABOR STOPPAGES, RIOTS, ACTS OF GOVERNMENT OR GOD, NATURAL DISASTERS, ACTS OF TERRORISM, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER (I) LIABILITY OR DAMAGE IS ALLEGED FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION, AND/OR (II) THE PARTY AGAINST WHICH LIABILITY OR DAMAGES IS SOUGHT WAS ADVISED OF THE POSSIBILITY THEREOF.
NOTWITHSTANDING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF NBAP, ITS AFFILIATES AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND/OR SUPPLIERS, FOR ANY REASON AND UPON ANY CAUSE OF ACTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED THE AMOUNT ACTUALLY RECEIVED BY US FROM YOU FOR THE USE OF THE SERVICE DURING THE MONTH IN WHICH THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SERVICE, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THIS AGREEMENT.
CONTENT OWNERSHIP; USAGE RESTRICTIONS; THIRD PARTY SOFTWARE
The content available through the Service is the property of NBAP and/or third parties (including, but not limited to, its affiliates), and is protected by copyright and other intellectual property laws of the United States and other jurisdictions. Such content may only be used or viewed by you for your personal, non-commercial use only, and provided that you: (i) keep intact all copyright and other proprietary notices; (ii) do not use the content in a manner that would achieve commercial gain, or that would damage the goodwill associated with or compete with NBAP or its affiliates; (iii) do not use the content in a manner that suggests an association with any of Our services, brands, or products; and (iv) make no modifications to the content. Additionally, you agree to use the Service in a manner that complies with all applicable laws. You agree not to copy, deep link, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Service to anyone, including, but not limited to, others in the same company or organization, without the express prior written consent of NBAP.
You may not attempt to circumvent technological measures employed to control access to, or the rights in, the Service, whether in conjunction with or through use of any device, software program, service or otherwise.
In addition, without limiting the generality of the foregoing, you acknowledge and agree that:
- You are only subscribing to the Service for your individual, private, non-commercial household use and enjoyment and that no part of the Service will be viewed in areas open to the public or be received by any location which is a commercial establishment;
- No trademarks of any provider of Service content (including, but not limited to, NBAP) may be used by you and none of the Service content will be rebroadcast, retransmitted or otherwise used by you;
- Running accounts of Service content/programming in progress will not be transmitted or distributed by you;
- No admission will be charged by you for viewing any of the programming available through the Service;
- We and/or certain of Our content providers may enforce violations of clauses 1-4 immediately above;
- Notwithstanding anything herein to the contrary, any violation of clauses 1-4 immediately above may be prosecuted by Us or certain of Our content providers in any court of competent jurisdiction; and
- Any such prosecution by Us or Our content providers shall be governed by, among other things, applicable laws, rules and regulations (including, without limitation, those of the Federal Communications Commission).
DISCLAIMER OF WARRANTIES
DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THE SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT AND THE SERVICE. THE SERVICE AND THE INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED BY NBAP, AND ITS AFFILIATES AND/OR LICENSORS ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF NBAP, ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT SUPPLIERS OR LICENSORS (COLLECTIVELLY, “INDEMNITEES”) WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE OR THE CONTENT AVAILABLE THROUGH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APLICABLE LAW, IN NO EVENT WILL THE INDEMNITEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SERVICE OR THE CONTENT AVAILABLE VIA THE SERVICE.
The Service includes facts, views, opinions and recommendations of third party individuals and organizations deemed of interest. None of NBAP, the NBA or any affiliated NBA entity guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations.
To the maximum extent permitted by applicable law, you agree to defend (at NBAP’s election), indemnify and hold harmless each Indemnitee from and against all claims (including, but not limited to, claims for copyright infringement, defamation, invasion of privacy and infringement of rights of publicity, whether in tort, in contract or otherwise), damages and expenses (including, but not limited to, attorneys’ fees, court costs, judgments and settlement costs) that the Indemnitee may incur or become subject to by reason of or arising out of the use of the Service by you or under your Password(s).
Termination: In addition to any other remedies available to Us, whether in equity, at law or otherwise, upon your failure to comply with any of the terms or conditions in this Subscriber Agreement, We shall have the right to terminate your access to the Service and this Agreement immediately. We further reserve the right to discontinue, suspend, terminate or change the Service, or its availability to you, at any time, including in the event that We believe, in our sole discretion, that the primary country in which You access the Service is different than the primary country from which You purchased the Service. If We terminate this Agreement or discontinue your Service subscription for cause (e.g., your breach of this Agreement), you will not receive any refund or partial refund for any charges or Fees already incurred by or billed to you, and We reserve all other rights available to Us in connection with your breach.
Cancellation: You may elect to cancel your subscription at any time by sending an email to firstname.lastname@example.org with a cancellation request. Your election will be deemed to have been received one (1) U.S. business day after We receive your cancellation notice through email@example.com. Your election to cancel your subscription will take effect at the conclusion of the billing period in which your election is received. For example, if you purchase a subscription on January 1 and then elect on January 15 to cancel your subscription, your subscription will be terminated effective as of 11:59 p.m. Eastern Time on January 15. If your subscription has a monthly fee installment structure, the portion of the monthly subscription fee attributable to the period between January 16-31 will not be refunded to you. ALL SALES ARE FINAL. WE DO NOT GIVE FULL OR PARTIAL REFUNDS FOR SUBSCRIPTIONS THAT YOU HAVE PURCHASED REGARDLESS OF THE BASIS FOR THE REFUND REQUEST.
GOVERNING LAW; DISPUTE RESOLUTION; REMEDIES
Governing Law: This Agreement and any disputes relating to this Agreement and/or the Service will be governed by the laws of the State of New York, United States of America, without regard to its principles of conflicts of laws. Notwithstanding the provisions of the Dispute Resolution section set forth below, We also reserve the right to bring any action to enforce this Agreement or, in connection with, any matters related to the Service in either the state or Federal Courts located in a federal or state court of competent jurisdiction located within the State of New York, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. You agree to accept service of process by reputable express carrier (e.g., UPS) and/or certified mail, return receipt requested, at the address designated by you. We will be entitled to recover costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of this Agreement.
Dispute Resolution: Except as otherwise expressly set forth in this Agreement to the contrary, any and all disputes arising from or relating to this Agreement or the Service shall be solely and finally settled by arbitration. The arbitration will be governed by the Rules of Arbitration of the International Chamber of Commerce. The arbitration will be conducted in New York County, New York by a single arbitrator to be selected by Us and the language to be used in the arbitral proceedings shall be English. The arbitrator’s authority shall be limited to resolving individual disputes between you and Us, and the arbitrator shall not determine, as an initial matter, whether class, mass or consolidated relief is permitted in arbitration. Notwithstanding the foregoing, without first seeking or obtaining any decision in arbitration (even if a similar or related matter has already been referred to arbitration in accordance with the terms of this paragraph), (i) We, and Our respective affiliates and licensors, may bring any claim or suit for the purpose of evidencing, enforcing, registering or defending Our or their respective intellectual property rights in any court or forum of competent jurisdiction; and (ii) We, and Our respective affiliates and licensors, shall be entitled to seek injunctive and other equitable relief in any court or forum of competent jurisdiction to enforce this Agreement. To the maximum extent permitted by applicable law, You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement, the Service or any part thereof must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
Injunctive Relief: You acknowledge and agree that any violation of the Agreement relating to the disclosure, use, copying, distribution, display or publishing of the information and/or content on the Service and/or use of the Service may result in irreparable injury and damage to NBAP that may not be adequately compensable in money damages, and for which NBAP will have no adequate remedy at law. You, therefore, consent and agree that NBAP may obtain injunctions, orders or other equitable relief as may be reasonably necessary to ensure compliance with this Agreement. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief.
Except as otherwise expressly provided herein, all notices required under the terms and provisions hereof to Us shall be in writing and shall be transmitted via reputable express carrier (e.g., FedEx, UPS, DHL) to the addresses for NBAP below. Except as otherwise expressly provided herein, all notices to NBAP are effective upon confirmed receipt by NBAP. Except as otherwise expressly provided herein, all notices required under the terms and provisions hereof to you shall be in writing and shall be transmitted by reputable express carrier (e.g., UPS) or email to any address for you referenced below. Except as otherwise expressly provided herein, all notices to you sent by (i) reputable express carrier are effective five (5) business days after deposit with reputable express carrier, and (ii) email are effective one (1) business day after transmission, assuming some confirmation of transmission is retained. If to NBAP: NBA Properties, Inc., 645 Fifth Avenue, New York, NY 10022 U.S.A., with a copy (which copy alone shall not constitute effective notice) to NBAP Legal Department, 645 Fifth Avenue, New York, NY 10022 U.S.A. If to you: To the then-current physical address or email address indicated in the Service or Site registration for your account.
Use of the Service is not authorized in any jurisdiction that does not give effect to this Agreement. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. We may assign Our rights and obligations under this Agreement, without notice, (i) to any affiliate of NBAP, (ii) in connection with any change of control (e.g., by merger, exchange of stock or other equity interests, etc.) involving NBAP or one of its respective affiliates or in connection with any sale of substantially all of the assets related to the Site, or (iii) to any successor in interest or other assignee of NBAP. This Agreement shall be binding on and inure to the benefit of the successors and permitted assigns of NBAP. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of NBAP. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. A waiver by Us of any right hereunder in any one instance shall not be deemed as a waiver of such right in any subsequent instance.
ADDITIONAL TERMS APPLICABLE TO SUBSCRIBERS LOCATED IN HONG KONG, MACAU AND TAIWAN
The terms “We”, “Us” and “Our” as used herein shall also be deemed to refer to, without limitation, NBA Hong Kong Operations Limited (“NBAHK”). For all Service subscriptions purchased in Hong Kong, Macau and Taiwan, NBAHK shall be the seller of record of Service subscriptions for sales tax purposes, and, without limiting the generality of the foregoing, you agree to pay NBAHK (or its designee) any taxes imposed on the sale of subscriptions or other products or services via the Service, for remission by NBAHK (or its designee) to appropriate taxing authorities. All notices required under the terms and provisions hereof to NBAHK shall be in writing and shall be transmitted by reputable express carrier (e.g., DHL) to the address for NBAHK below. Except as otherwise expressly provided herein, all notices to NBAHK are effective five (5) business days after deposit with the reputable express carrier, assuming some confirmation of sending is retained. Except as otherwise expressly provided herein, all notices required under the terms and provisions hereof to you shall be in writing and shall be transmitted by regular Hong Kong mail service, reputable express carrier or email to any address for you referenced below. Except as otherwise expressly provided herein, all notices to you sent by (i) regular Hong Kong mail service or reputable express carrier are effective five (5) business days after deposit with regular Hong Kong mail service or reputable express carrier, and (ii) email are effective one (1) business day after transmission, assuming some confirmation of transmission is retained. Address for NBAHK: Room 3101, The Lee Gardens, 39 Hysan Avenue, Causeway Bay, Hong Kong, Attention: Senior Vice President, with a copy (which shall not constitute notice) to NBAHK Legal Department (at the same address), Attention: General Counsel.
ADDITIONAL TERMS APPLICABLE TO SUBSCRIBERS LOCATED IN CANADA
If you subscribe to the NBA League Pass linear television service from an authorized provider in Canada, you may be eligible to receive the Service in Canada at no additional charge. Contact your NBA League Pass linear television service provider for details.
WELCOME TO NBA.COM!
TABLE OF CONTENTS
- Ownership and user restrictions
- Message Features
- Votes, contests and sweepstakes
- Modular Content
- Mobile Content & Test Message Campaigns
- NBA Statistics
- NBA Store on NBA.com
- Disclaimer of warranties and damages; limitation of liability
- Termination of service
- Notice of Copyright Infringement
- Agreement to Arbitrate
- Class Action Waiver
- Choice of Law
- Injunctive Relief
1. OWNERSHIP AND USE RESTRICTIONS
NBA.com is operated by Turner Digital Basketball Services, Inc. (“Turner”) pursuant to an agreement with NBA Media Ventures, LLC (“NBAMV”), NBA TV, LLC (“NBATV”) and NBA Properties, Inc. (“NBAP”) (NBAMV, NBATV and NBAP collectively referred to as the “NBA Entities”). Turner and the NBA Entities shall each, and collectively, be referred to herein as the “Operator.”
The Operator maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site to any single computer only for your personal, noncommercial use, provided you also maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, modify, transmit, reuse, repost, link to, or use any materials of the Site for public or commercial purposes on any other Web site or otherwise without the written permission of the Operator. Modification of any materials displayed on the Site is a violation of the Operator’s copyright and other proprietary rights.
A. Registration Data: If you opt to register for any portion of this Site (including the Mobile Service, as defined below), you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the Operator has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, the Operator shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Mobile Service (or any portion thereof). You acknowledge and agree that the Operator shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Site or the Mobile Service or your account. You further agree that the Operator is authorized to verify such Registration Data.
You acknowledge and agree that the Operator may rely on the Registration Data to send you important information and notices regarding your account and the Site. From time to time, we may send you newsletters and other promotions by email or SMS. You can unsubscribe from our newsletters and other promotions through the unsubscribe mechanism contained in the applicable message. For more information about our text message campaigns, please see Section 8 below (titled “Mobile Content & Text Message Campaigns”).
C. Access Without Registration: This Site may provide you with access to some products and services without you having to register as a user, such as signing up for Mobile Alerts via SMS. In each such case your identification is based on means of identification that the Operator deems appropriate, such as your mobile telephone number.
3. MESSAGE FEATURES
You must use Message Features in a responsible manner. You must not transmit any message (“Message”) in connection with any Message Feature that: (i) restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature.
Although the Operator may from time to time monitor or review Messages submitted in discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, the Operator is under no obligation to do so and assumes no responsibility or liability arising from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature does not constitute approval or endorsement by the Operator.
By transmitting any Message (see Section 3 above regarding “Messages”) or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, “Submissions”), you are automatically granting the Operator a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Messages and Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of the Operator. This means that anything submitted by you to NBA.com may be used by the Operator for any purpose, now or in the future, without any payment to, or further authorization by, you. The Operator also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission.
A. Solicited Submissions: At times, the Operator may solicit Submissions from visitors to NBA.com, including, but not limited to, information, ideas, artwork or other materials. For information on how solicited Submissions will be used, please review any notices of planned use posted where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operator of the Rights described above.
B. Unsolicited Submissions: Although we are pleased to hear from NBA fans and welcome your comments regarding the Site and the NBA, unfortunately, the Site’s policy does not permit it to accept or consider unsolicited Submissions. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by the Operator or the NBA might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions, we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future NBA products or programs. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of the Operator. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operator of the Rights described above.
5. VOTES, CONTESTS AND SWEEPSTAKES
The following restrictions apply to all links to the Site from any on-line, cable, wireless or other site, service or browser:
A. On-line, cable, wireless or other sites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Gatorade) or service (e.g., Internet service providers or ticket sellers) (a “Commercial Site”) may not link to NBA.com without the written permission of the Operator, even if the page/area where the link originates does not promote a product, brand or service.
B. Sites, services or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engines, widely available Internet browsers) (“Permissible Sites”) may link to NBA.com without the express written permission of the Operator if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “NBA.com,” “The Official Site of the National Basketball Association,” or “The Official Site of the Lakers”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
C. The NBA.com logo or any other logo of the NBA or its teams (a “logo” link) may not be used to link to NBA.com without the written permission of the Operator.
D. No link to the Site may be “framed” by the Permissible Site where the link originated if such “frame” contains any sponsorship, advertising or other commercial text or graphics.
E. All links to Site from a Permissible Site must be to the Site’s home page or to the homepage of a particular team — links to internal pages within the Site (e.g., a player page, a photo gallery or a feature article) other than to the home page of a team are not permitted.
F. The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms.
7. MODULAR CONTENT
By using Modular Content or incorporating it within or associating it with a web site or other online, cable, wireless, or other service other than the Site, you agree not to: (1) obscure the Operator’s branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, or facilitate another party’s assertion or implication of ownership or authorship of the Modular Content; (2) excerpt or edit the Modular Content, except as specifically permitted by the Operator; or (3) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iii) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind.
Although the Operator is under no obligation to do so and assumes no responsibility or liability arising from any use of Modular Content, the Operator may monitor the web sites or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any web site or other online, cable, wireless, or other service if the Operator or its agent requests that you do so, and that you will maintain the ability to remove Modular Content from any web site or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that the Operator has exclusive discretion to direct that the Modular Content be removed from web sites or other online, cable, wireless, or other services at any time and for any reason, including but not limited to the prohibited uses of Modular Content described above; that the Operator may implement and use protections to limit the web sites or other online, cable, wireless, or other services in conjunction with which Modular Content may be used or the manner in which Modular Content may be used; and that the Operator may not specifically advise you of the existence or nature of these protections.
The Operator provides Modular Content, if at all, on a voluntary basis. The Operator expressly disclaims any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.
Notwithstanding any statement to the contrary by the Operator or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between you and the Operator, or between the Operator and any third party, other than pursuant to these Terms.
8. MOBILE CONTENT & TEXT MESSAGE CAMPAIGNS
B. Access to the Mobile Service. In order to use the Mobile Service, you must have a mobile communications subscription with a participating wireless service provider (a “Carrier”), or otherwise have access to a mobile communications network for which we make the Mobile Service available, as well as any Carrier services necessary to download content to your Mobile Device. There may be service fees associated with certain Carrier services necessary to download content. Please contact your participating Carrier for details. In addition, you are responsible for ensuring that your equipment and/or software do not disturb or interfere with the Operator’s operations. Any equipment or software causing interference with the Operator’s operations and/or the Mobile Service shall be subject to immediate disconnection from the Mobile Service by the Operator. If any upgrade in or to the Mobile Service requires changes in your equipment or software, you must effect these changes at your own expense.
C. Your Electronic Agreement to Receive Text Messages; E-Sign Disclosure. When you agree to receive text messages, you also consent to the use of an electronic record to document your agreement. To stop receiving text messages from an Operator text message program, simply text STOP to the short code provided in the text messages that you no longer wish to receive. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device.
E. Cancellation of Text Messages. To stop receiving text messages from a specific Operator text message program, simply text STOP to the short code provided in the text messages that you no longer wish to receive. After doing so, you will receive confirmation of your opt-out via text message. If you have signed up for more than one Operator text message program, you will need to text STOP to the short code provided for each program from which you no longer wish to receive text messages.
F. What If I Want More Information? To request more information, simply text HELP to the short code provided in the Operator text message program about which you have questions.
G. How Many Text Messages Will I Receive? The number of text messages you receive from an Operator text message program may vary significantly, depending in part on the specific text message program for which you sign up. Details regarding the type and frequency of text messages are included in the description of each Operator text message program.
H. Who Are the Participating Carriers? Content is not available on all carriers and carrier participation could change. Consult with your carrier to see if it participates in a particular text message program. The content is not compatible with all mobile phone models. Operator will not be liable for any delays in the receipt of any text messages or changes to participating carriers, as delivery is subject to effective transmission from your carrier with active participation at that time.
I. How Are the Text Messages Sent? Operator or its vendor may use autodialer or non-autodialer technology to send the text messages described above to the mobile phone number you supply when you request to receive the text messages.
9. NBA STATISTICS
The Operator of this Site may make available on this Site statistics, including statistics generated and/or calculated by the Operator using proprietary calculations and analyses, relating to or arising out of the performance of players during or in connection with NBA, Women’s National Basketball Association (“WNBA”) or NBA Development League (“D-League”) games, competitions or events (collectively, “NBA Statistics”). By using such NBA Statistics, you agree that: (1) any use, display or publication of the NBA Statistics shall include a prominent attribution to NBA.com in connection with such use, display or publication; (2) the NBA Statistics may only be used, displayed or published for legitimate news reporting or private, non-commercial purposes; (3) the NBA Statistics may not be used in connection with any sponsorship or commercial identification; (4) the NBA Statistics may not be used or referred to in connection with any gambling activity (including legal gambling activity); (5) the NBA Statistics may not be used in connection with any fantasy game or other commercial product or service; (6) the NBA Statistics may not be used in connection with any product or service that presents a live, near-live or other real-time or archived play-by-play account or depiction of any NBA game; and (7) the NBA Statistics may not be used in connection with any web site, product or service that features a database (in any medium or format) of comprehensive, regularly updated statistics from NBA, WNBA or D-League games, competitions or events without the Operator’s express prior consent.
10. NBA STORE ON NBA.COM
A. The NBA Store on NBA.com (the “Store”) allows you to order products (the “Merchandise”) supplied and managed by an independent merchandise vendor, Fanatics Retail Group North, Inc. (“Fanatics”). By placing an order in the Store, you acknowledge that Fanatics is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. Fanatics can be reached by using the contact information provided below.
B. By placing an order on the Store, you agree to pay Fanatics all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by the Operator, Fanatics or your credit card issuer. Fanatics may bill your credit card at the time Merchandise is ordered. Fanatics may, in its sole discretion, decline service to or terminate your Site account without notice.
C. The Operator reserves the right, in its sole discretion, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
D. You may have the option to personalize certain Merchandise ordered on the Store (e.g., jerseys). The Operator reserves the right, in its sole discretion, without prior notice, to refuse to fulfill any order for Merchandise containing personalized content which the Operator deems to be illegal, offensive or inappropriate.
E. Questions relating to the Store, Merchandise and its fulfillment should be directed to Fanatics either by: (i) e-mail to firstname.lastname@example.org or (ii) telephone at 1-866-SHOP-NBA. You may also refer to the Contact Us section of the Store for more information.
11. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
While the Operator uses reasonable efforts to include accurate and up to date information in the Site, the Operator makes no warranties or representations as to its accuracy. The information contained in or made available through the Site (including, but not limited to information contained on Message Features or text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. The Operator assumes no liability or responsibility for any errors or omissions in the content of the Site.
Neither Turner, the NBA Entities, nor any of their respective parents, subsidiaries, affiliates, owners, employees, directors, officers, directors, licensors, suppliers or shareholders (collectively, the “Operator Parties”) make any representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATOR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATOR PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR PARTIES SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURY CAUSED, IN WHOLE OR IN PART, BY CONTINGENCIES OR ISSUES BEYOND THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO: THE ACTS OF THIRD PARTIES, ERRORS IN THE CONTENT OR SITE, NETWORK FAILURES, INTERNET FAILURES, SOFTWARE AND HARDWARE FAILURES, VIRUSES AND OTHER SYSTEM ATTACKS, LABOR STOPPAGES, RIOTS, ACTS OF GOVERNMENT OR GOD, NATURAL DISASTERS, ACTS OF TERRORISM, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER (I) LIABILITY OR DAMAGE IS ALLEGED FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION, AND/OR (II) THE PARTY AGAINST WHICH LIABILITY OR DAMAGES IS SOUGHT WAS ADVISED OF THE POSSIBILITY THEREOF.
The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Site. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operator or any affiliate of any third party site or content. The Operator is not responsible for the availability of these third party resources, or their contents. The Operator has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operator with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.
The Operator may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user’s e-mail address if on record in the Operator’s account information, or by written communication sent by first class mail to a user’s address if on record in the Operator’s account information. You may give notice to the Operator (such notice shall be deemed given when received) at any time by any of the following means:
A. electronic mail to FanRelations@NBA.com;
B. letter faxed to NBA Account Relations, at the following fax number: (212) 888-7931;
C. letter delivered by first class postage prepaid mail or courier to NBA Account Relations, at the following address:
NBA Account Relations
645 Fifth Avenue
New York, NY 10022
Attn: Legal Department
Please Note: Any notice by You related to any dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site must be provided as specified in Section 12.C. above.
14. TERMINATION OF SERVICE
Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, the Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The Operator does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
16. NOTICE OF COPYRIGHT INFRINGEMENT
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
The copyright agent for notice of claims of infringement on the Site is:
NBA Media Ventures, LLC
645 Fifth Avenue
New York, NY 10022
17. AGREEMENT TO ARBITRATE
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site, the Operator or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice via letter delivered by first class postage prepaid mail or courier to NBA Account Relations, at the following address:
NBA Account Relations
645 Fifth Avenue
New York, NY 10022
Attn: Legal Department
To the extent that the Operator has your contact information, it will send any such notice to your email address or by U.S. Mail. The Operator and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. The Operator and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, the Operator and/or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site.
For residents outside the United States, arbitration shall be initiated in New York, New York, and the Operator and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
You may choose to pursue your claim in small claims court where jurisdiction and venue over the Operator and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address:
Legal Department for Turner Sports
1050 Techwood Drive, NW
Atlanta, Georgia 30318
Attn: Counsel for Turner Sports, 1000 Bldg., 3rd Floor
AND the following email address: TSIcopyrightagent.com
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, the Operator and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of the Operator to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
18. CLASS ACTION WAIVER.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York.
The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of the Operator to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
19. CHOICE OF LAW
20. INJUNCTIVE RELIEF
You acknowledge and agree that any violation of the Agreement relating to the disclosure, use, copying, distribution, display or publishing of the information and/or content on the Site and/or its associated services and/or offerings may result in irreparable injury and damage to the Operator that may not be adequately compensable in money damages, and for which the Operator will have no adequate remedy at law. You, therefore, consent and agree that the Operator may obtain injunctions, orders or other equitable relief as may be reasonably necessary to ensure compliance with this Agreement. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief.
LAST UPDATED: February 24, 2015
Copyright 2015 NBA Media Ventures, LLC. All rights reserved.