MAVS MATCHING
PRESENTED BY BEDGEAR
(THE “CONTEST”)
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW, NBA RULES, OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION.
THESE RULES MAY BE UPDATED FROM TIME-TO-TIME, SO PLEASE CHECK THE OFFICIAL RULES LOCATED AT MAVS.COM/MATCHING PERIODICALLY TO KEEP UP-TO-DATE.
SPONSOR(S): Dallas Mavericks, 1333 N. Stemmons Fwy. Dallas, TX 75207 (“Dallas Mavericks”) and Bedgear 200 Sea Lane, Farmingdale, NY 11735 (collectively, “Sponsor”).
CONTEST OF SKILL: The Contest will consist of a matching game (each “Game”, collectively the “Contest”). Winners are determined by the objective criteria described herein. Winners are determined by the individuals who correctly match all the pairs of matching cards in the shortest period of time. Limit one entry per person or email address per day and one (1) prize per person, family, or household during the Contest Period. For the purposes of these Official Rules, a “day” is defined as any twenty-four (24) hour period during the Promotion Period beginning at 12:00:01 a.m. CT and ending at 11:59:59 p.m. CT.
CONTEST PERIOD: The Contest will be divided into four (4) periods (each an “Entry Period” collectively the “Contest Period”) beginning Friday, February 10, 2023, and ending Monday, April 10, 2023.
Entry periods below:
Entry 1: Begins Friday, February 10, 2023, at 12:00 pm CT and ends, Sunday, February 19, 2023, at 11:59PM CT.
Entry 2: Begins Monday, February 27, 2023, at 12:00 pm CT and ends, Wednesday, March 8, 2023, at 11:59PM CT.
Entry 3: Begins Thursday, March 16, 2023, at 12:00 pm CT and ends, Saturday, March 25, 2023, at 11:59PM CT.
Entry 4: Begins Saturday, April 1, 2023, at 12:00 pm CT and ends, Monday, April 10, 2023, at 11:59PM CT.
Sponsor reserves the right to cancel the Contest, in its sole discretion, with no restrictions.
WHO’S ELIGIBLE: Contest is open to individuals who: (i) are legal residents of Texas with a primary residence address in Texas excluding residents within seventy-five (75) miles from the AT&T Center in San Antonio, TX and the Toyota Center in Houston, TX (“Eligibility Area”); (ii) are eighteen (18) years of age or older at the time of entry; (iii) agree and adhere to these Official Rules; and (iv) successfully complete the entry process (including filling out an entry form) as provided during the applicable Entry Period. Employees of (a) Dallas Basketball Limited, (b) Bedgear, (c) NBA Properties Inc. NBA Media Ventures, LLC, the National Basketball Association and its Member Teams, and each of their respective parent, subsidiary, and related companies and divisions (collectively, defined as the “NBA Entities”), and each of their respective parent companies, affiliates, owners, subsidiaries, divisions, directors, officers, members, partners, trustees, franchisees, governors, agents, owners, shareholders, participating vendors, distributors, advertising production and promotion agencies, agents and their immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each,) and persons living in the same household of each (collectively, the “Contest Entities”) are not eligible to enter the Contest. By entering the Contest, participants agree to accept and be bound by all terms of these Official Rules and Regulations and the decisions of Dallas Mavericks are final and binding in all matters. Dallas Mavericks reserve the right to change/modify these Official Rules at any time for any reason. Void outside of the Eligibility Area and where prohibited or restricted by law. The Contest is subject to all applicable federal, state, territory, provincial and local laws, rules, and regulations.
HOW TO ENTER: During an Entry Period, eligible persons may go to mavs.com/matching, completely fill out the entry form and play the Game. Upon successful completion of an entry form and playing Game, you will be entered in the Contest. You may enter the Contest at any time during an Entry Period. Entry Period one (1) begins Friday, February 10, 2023, at 12:00 pm CT and ends, Sunday, February 19, 2023, at 11:59PM CT. Limit one entry per person or email address per day and one (1) prize per person, family, or household during the Contest Period. For the purposes of these Official Rules, a “day” is defined as any twenty-four (24) hour period during the Promotion Period beginning at 12:00:01 a.m. CT and ending at 11:59:59 p.m. CT.
All entries must include a valid e-mail address for the entrant. If the email address supplied is not valid, the entry will be void. If an entrant uses different or multiple email address accounts to obtain more than one (1) entry, all such entries will be void. If it is discovered during prize verification you have entered, attempted to enter, or used multiple accounts to enter more than the stated limit, you will be disqualified at the discretion of the administrator, or will be void. All Entries become the property of Sponsor and will not be acknowledged or returned. All information submitted online by entrants is subject to, and will be treated in a manner consistent with, NBA.com's Terms of Use accessible at: http://www.nba.com/news/termsofuse/ and Privacy Policy accessible at: http://www.nba.com/news/privacy_policy.html.
CRITERIA OF WINNER: During an Entry Period, One (1) Contestant who correctly matches all the pairs of matching cards in the shortest period of time will receive a Prize (as defined below), subject to verification of eligibility and compliance with the terms of these Official Rules (a “Winner”). The decisions of the Dallas Mavericks are final and binding on all matters relating to this Contest.
PRIZE: There will be four total prizes awarded during the Contest Period, one for each Entry Period. Each Winner will receive one (1) Cosmo Pillow (approximate retail value (“ARV”) of $250) and one (1) Dallas Mavericks Association Jersey (ARV of $125) (total ARV of each prize is $375) Total ARV of all prizes is $1,500. Odds of winning depend on the number of entries received.
PRIZE CONDITIONS: The Winner must (a) have the ability, using lawful means, to claim the Prize within forty-eight (48) hours of receiving notification from a Dallas Mavericks’ representative who will notify the Winner as described in the “Notification” section below, and (b) fulfill the documentation requirements described in the "Notification" section below. All Prize details shall be determined in the sole and absolute discretion of the Dallas Mavericks. All costs and expenses associated with the Prize acceptance and use not specified herein as being provided are the sole responsibility of each individual Winner. Each Winner is fully responsible for all applicable federal, state, territory, provincial and local taxes (including income and withholding taxes). The Prizes are non-transferable and non-assignable, with no cash redemptions except at the Dallas Mavericks' sole and absolute discretion. The Dallas Mavericks reserves the right to substitute any Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion.
NOTIFICATION OF WINNER: The winner will be notified via email (the "Prize Notification"). THE WINNER MUST REPLY AND AGREE VIA EMAIL (OR BY OTHER MEANS IN THE SOLE DISCRETION OF THE DALLAS MAVERICKS) TO SUCH PRIZE NOTIFICATION WITHIN THE REQUIRED RESPONSE TIME TO CLAIM THE PRIZE. IN THE EVENT THAT ANY POTENTIAL WINNER DOES NOT RESPOND TO ANY SUCH PRIZE NOTIFICATION WITHIN THE REQUIRED RESPONSE TIME, THE POTENTIAL WINNER IS ADJUDGED TO BE INELIGIBLE, OR DECLINES THE PRIZE FOR ANY REASON, OR IF THE PRIZE NOTIFICATION IS RETURNED AS UNDELIVERABLE, A DISQUALIFICATION WILL RESULT, THE PRIZE WILL BE FORFEITED AND, AT THE DALLAS MAVERICKS' SOLE DISCRETION AND TIME PERMITTING, AN ALTERNATE POTENTIAL WINNER MAY BE SELECTED AS THE ELIGIBLE CONTEST WHO CORRECTLY MATCHED ALL PAIRS OF CARDS IN THE NEXT SHORTEST TIME DURING THE APPLICABLE ENTRY PERIOD. THE WINNER MAY BE REQUIRED TO SUBMIT HIS/HER VALID SOCIAL SECURITY NUMBER AND/OR OTHER IDENTIFICATION TO THE DALLAS MAVERICKS AND MAY BE REQUIRED TO EXECUTE AND RETURN AN AFFIDAVIT OF ELIGIBILITY AND RELEASE OF LIABILITY AND, UNLESS PROHIBITED BY LAW, PUBLICITY, WITHIN THE REQUIRED RESPONSE TIME FROM TIME OF ISSUANCE. Failure to submit any identification required by the Dallas Mavericks or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of any Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize forfeiture and, at the Dallas Mavericks’ sole discretion and time permitting, may cause an alternate potential winner to be selected.
PRIVACY POLICY: Any personally identifiable information collected during a recipient’s participation in the Contest will be collected by the Dallas Mavericks, Sponsors, or their designees and used by and/or shared with the Dallas Mavericks, Sponsors, and/or their affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and for other uses (including marketing and advertising) and in accordance with the policy stated at http://www.nba.com/news/privacy_policy.html (the “Policy”). By entering this Contest, you consent to the foregoing.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Contest and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Dallas Mavericks, the other NBA Entities and each of their respective parent companies, affiliates, owners, partners, members, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Contest, and all of their respective officers, directors, employees, agents and representatives (collectively, "Released Parties") for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Contest or from the receipt or use of any Prize (or any portion thereof) or any travel or activity related to the receipt or use of any Prize (or any portion thereof). By entering this Contest, each entrant gives his/her express permission to be contacted by the Dallas Mavericks by telephone, e-mail and/or postal mail for Contest purposes. Each Winner, by acceptance of any Prize, grants to the Dallas Mavericks, the NBA and each of their respective designees the right to publicize such Winner's name, address (city and state/territory/province of residence), photograph, video, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
THE CONTEST, AND THE PRIZES ARE PROVIDED "AS IS" AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED) REGARDING THE CONTEST, OR THE PRIZES. SPONSOR DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
DISPUTES/GOVERNING LAW: BY ENTERING THIS CONTEST, ENTRANT AGREES THAT (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEYS’ FEES; AND (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF- POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. THESE OFFICIAL RULES AND THE CONTEST ARE GOVERNED BY AND CONTROLLED BY THE LAWS IN AND OF THE STATE OF TEXAS, APPLICABLE TO CONTRACTS MADE AND PERFORMED THEREIN WITHOUT REFERENCE TO THE APPLICABLE CHOICE OF LAW PROVISIONS. ALL ACTIONS, PROCEEDINGS OR LITIGATION RELATING HERETO WILL BE INSTITUTED AND PROSECUTED SOLELY WITHIN DALLAS, TEXAS. THE ENTRANT HEREBY CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS OF TEXAS WITH RESPECT TO ANY ACTION, DISPUTE OR OTHER MATTER PERTAINING TO OR ARISING OUT OF THE CONTEST INCLUDING, WITHOUT LIMITATION, ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, AND WAIVES EVERY DEFENSE THAT SUCH JURISDICTION IS INCONVENIENT OR IMPROPER. IF ANY PROVISION, OR any PORTION THEREOF, OF THESE OFFICIAL RULES ARE DECLARED OR FOUND BY A COURT OF COMPETENT JURISDICTION TO BE ILLEGAL, UNENFORCEABLE OR VOID, THEN SUCH PROVISION, OR PORTION THEREOF, WILL BE NULL AND VOID BUT EACH OTHER PROVISION HEREOF NOT SO AFFECTED WILL BE ENFORCED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any Contest-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the Prizes or in any Contest-related materials, or the cancellation or postponement of any National Basketball Association game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to entrants' or to any other person's computer and/or wireless device related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website or attempt to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of the Dallas Mavericks or who are in violation of these Official Rules, as solely determined by the Dallas Mavericks, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Contest is unlawful and subject to legal action by the Dallas Mavericks, National Basketball Association and/or their respective agents. The Dallas Mavericks shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Contest, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof) or the website, and (ii) disclaim any implied warranty. The Dallas Mavericks’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The Dallas Mavericks reserve the right, in their sole discretion, to cancel or suspend the Contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). In the event of cancellation, the Dallas Mavericks may elect to identify the Winner and award the Prizes by way of random drawing from among all non-suspect, eligible entries received for the applicable Entry Period up to the time of such cancellation. The Dallas Mavericks also reserve the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE DALLAS MAVERICKSWILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, AND THE DALLAS MAVERICKS AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on an e-mail address, the winning entry will be declared made by the Authorized Account Holder of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.
The NBA Entities will have no liability or responsibility for any claim arising in connection with participation in this Contest or any prize awarded. The NBA Entities have not offered or administered this Contest in any way.
WINNER LIST: For the names of the prize winners of prizes, send a self-addressed, stamped envelope with the message below written in the notice by December 31, 2023 to: Dallas Mavericks, 1333 N. Stemmons, Suite 105, Dallas Texas 75207.
In the notice please write: “Please send the Official Winners list for the Mavs Matching Contest Presented by Bedgear”
Last Updated: September 12, 2022 | What’s New?
Table of Contents
This privacy policy (the “Policy”) explains what data the NBA Family collects from you through our interactions with you and through our products, services, events and programs – including our websites, apps and digital platforms (each a “Service,” and collectively, the “Services”).
“The NBA Family” means the National Basketball Association (“NBA”), the Women’s National Basketball Association (“WNBA”), the NBA Gatorade League (“G-League”), the NBA 2K League, the Basketball Africa League, their respective teams, and each of their respective affiliates (also referred to as “we,” “our” or “us”).
By using any of the Services, you consent to the terms of this Policy.
When you interact with us through the Services, we may collect data from you or from other sources. This “data” may be information that you directly provide to us, such as personal information you provide when you visit the Services, or information that is passively or automatically collected from you, such as anonymous information collected from your browser or device. The categories of other sources from which we collect personal data include our affiliates, partners, vendors, data brokers and public sources.
The data we collect consists of personal identifiers, commercial information, Internet/other electronic network activity information, geolocation data, professional or employment-related information, characteristics of protected classifications, and inferences drawn from this information. More specifically, the data we collect includes:
We use the data we collect for the following purposes:
Operating our business. We use the data we collect to operate our business, including providing, tailoring, and improving the Services. Specifically:
Communicating with you. We use the data we collect to communicate with you, including responding to your requests or inquiries. Specifically:
Marketing and advertising. We use the data we collect for marketing or advertising purposes, on behalf of ourselves, as well as our partners and other parties who advertise on the Services. Specifically:
Security, compliance and enforcement. We use the data we collect for security, legal, regulatory, compliance and enforcement purposes. Specifically:
We may also use your data in any other manner as disclosed at the time of collection, or when we have otherwise obtained consent. Please also note that this Policy is not intended to place any limits on what we do with aggregated, pseudonymized or anonymized data. We may also merge, co-mingle, or otherwise combine data about you, including personal information, in furtherance of the uses above.
There are times when the data we collect may be shared by the NBA Family. We share your data for the following purposes:
Providing the Services. We sometimes engage or partner with other companies to operate the Services or perform certain functions on our behalf – for example, maintaining and enhancing our fan databases, delivering messages and advertising, operating our websites and digital platforms. We may provide these companies with access to your data as needed for them to perform these functions in a manner consistent with this Policy. For more information about who these companies are, and how they use your data, please see the “Third Party Sites and Sections” section of this Policy below.
With Partners and Third Parties. We may share your information with certain business partners so that they can provide you with special offers, promotional and other materials that may be of interest to you. We share personal data with partners and third parties as part of marketing and advertising on and off of the Services. We may use third-parties to serve advertisements on the Services. These third parties may set their own cookies or similar web technologies to collect information about users’ online activities over time and across websites. For more information about how these third parties use your data and how you can manage these technologies, please see the “Cookies and Similar Technologies” section of this Policy below.
Among the NBA Family. We share personal data among the companies within the NBA Family to provide and improve the Services, to build predictive models to better understand our fans, to send promotional messages and advertisements about products and services that may be of interest to you, and for other purposes consistent with this Policy.
As part of a change in business structure. In the event of a sale, merger, acquisition, reorganization or similar event, or in contemplation of such an event (e.g., due diligence), your data may be among the transferred assets.
When necessary under certain circumstances. We may disclose your personal data when we believe that disclosure is necessary to:
We may also share your data for any other purpose as disclosed at the time of collection, or when we have otherwise obtained consent. Please note that this Policy is not intended to limit our ability to share or disclose aggregated, pseudonymized or anonymized data.
You have many choices about how we collect, use and share your data.
Communications choices. You can choose whether you wish to receive promotional messages from the NBA Family and which types of messages you wish to receive. If you receive promotional messages from us and would like to opt out, you may do so by following instructions within those messages. You may also adjust your communications preferences by logging into your NBA account and viewing your preferences. Please note that these preferences do not apply to informational or transactional communications regarding the Services or other communications that have their own unsubscribe method.
Advertising choices. You can opt out of interest-based advertising as described in this section and in the “Cookies and Similar Technologies” section of this Policy. When you opt out, your selection is stored on a cookie on your device. If you delete the cookie from that device or sign in from a different device, you will need to opt out again.
Because the data used for interest-based advertising is also used for other necessary purposes (including providing the Services and for authentication and security purposes), opting out of interest-based advertising does not stop the data from being collected nor reduce the number of advertisements you will see. However, the data will not be used for interest-based advertising, which means the advertisements you do see may be less relevant to you.
When using a mobile application, you may receive interest-based in-application advertisements. Depending on your device, you may be able to reset your mobile device’s advertising identifier at any time by accessing the privacy settings on your device. In addition, each operating system (e.g., iOS for Apple devices, Android for Android devices and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of interest-based in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating system in order to opt-out of interest-based in-application advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact (or review the applicable privacy web page of) the applicable platform operator.
Other choices. You also have choices about the data you provide directly to us when you register for or use the Services. Please note, however, that if you choose not to provide data that is necessary to provide certain features of the Services, your use of the Services may not include those features.
You can access, edit or remove information in your user account by visiting https://secure.nba.com/membership/user/login/. If you cannot access your account, or if you would like to request that we delete other personal data referenced in this Policy, you may visit us at http://privacy.nba.com or contact us using any of the methods described in the “How to Contact Us” section of this Policy.
You can choose not to share certain location data by adjusting the settings on your device. Please note, however, that if you choose not to share this data, you may not be able to access or use location-based Services.
You can choose to limit the data that third party services (e.g., social media platforms) share with us using the options provided to you by the applicable third party service (for example, the options provided by a third party social media platform when you connect your social media account with the Services). You can also disconnect your use of the Services from the third party service at any time using the options provided to you by the applicable third party service. Please note, however, that if you disconnect from the third party service, that will not delete the data we may have previously collected while you were connected.
We use cookies and similar technologies (collectively, “Tracking Technologies”) to provide the Services and to collect data. In addition, third parties may also use Tracking Technologies when you use the Services; for example, if we engaged a third party to operate the Services, or because the Services contain content or advertisements delivered by third parties. These Tracking Technologies consist of:
We use Tracking Technologies for the following purposes:
In some cases, we may work with third parties (for example, third party operators of the Services) to synchronize our unique, anonymous identifiers (such as those associated with Tracking Technologies) with the third party’s own identifiers. This enables us to better achieve each of the purposes described above.
Managing Tracking Technologies. Most web browsers give you the ability to manage Tracking Technologies used on a website, including blocking or deleting them. Please note that if you choose to block Tracking Technologies, you may not be able to use certain features that depend on those Tracking Technologies (such as keeping you signed in or remembering your preferences). If you choose to delete Tracking Technologies, any settings and preferences that were associated with those Tracking Technologies will also be deleted and may need to be reset.
You also have the following options to manage Tracking Technologies and opt out of interest-based advertising:
Please note that opting out of interest-based advertising does not mean you will stop seeing, or see fewer, advertisements. It does, however, mean that the advertisements you do see will not be interest-based and may be less relevant to your interests.
Some browsers have incorporated “Do Not Track” features that send an automated signal to the websites that you visit using that browser. At this time, the Services do not recognize or respond to these signals. However, you can adjust your preferences regarding the data we collect using the tools and methods described above.
The NBA Family takes security seriously. We take a number of steps to protect your data from unauthorized access, use or disclosure. These steps take into account the sensitivity of the data we collect and use, as well as the current state of technology. This includes, for example, storing your data on systems that have limited access and are maintained in controlled facilities. We also use, and require our vendors to use, industry standard security protocols when processing any payments for your use of the Services.
It is important to remember that no system can be guaranteed to be 100% secure. We recommend that you help us keep your data safe by taking reasonable steps such as keeping your passwords private and not disclosing sensitive personal data in places that can be accessed publicly.
We work with a number of third parties to operate the Services. When we engage third parties in connection with operating the Services, those third parties may only collect, use or access your data as needed for them to perform these functions. These third parties include:
These third parties are only authorized to use your data as permitted under this Policy, or as disclosed to you at the time your data is collected. Please note, however, that these third parties may supplement data collected or received in connection with the Services with data they collect or receive through other websites, platforms and services, in accordance with the policies and disclosures posted on those websites, platforms and services. Within the past twelve months, we have disclosed the following categories of personal information: personal identifiers, commercial information, Internet/other electronic network activity information, geolocation data, characteristics of protected classifications, and inferences drawn from this information.
The Services may also contain links to, or integrations with, other websites, platforms or services that are not operated or controlled by the NBA Family (each a “Third Party Site,” and collectively, the “Third Party Sites”). Please note that this Policy does not apply to those Third Party Sites. For more information on how those Third Party Sites collect, use and share data, we suggest that you contact the operators of those Third Party Sites directly.
Although there are NBA fans of all ages, the Services are not directed at children under the age of 16, and our policy is to not knowingly collect personal data from children under the age of 13, nor to sell personal data of individuals under the age of 16. We encourage parents and guardians to monitor their children’s online behavior, put parental control tools in place, and teach children not to provide their personal data through the Services without parental consent. For certain activities in which children are allowed to participate (e.g., Jr. NBA clinics), any request for personal data (such as registration data) is intended for and directed to the parent or legal guardian.
If you have reason to believe that a child under the age of 13 has provided personal data to us without parental consent, please visit us at http://privacy.nba.com or contact us using any of the methods described in the “How to Contact Us” section of this Policy, and we will endeavor to delete that data from our systems.
For children located in jurisdictions within the EU, we comply with the age limits applicable in each Member State. In these instances, the references above to the age of 13 will be deemed to be references to the age limits applicable in each Member State. Where this Policy refers to consent, this will require the consent of a parent or legal guardian in relation to any person under the age limits applicable in each Member State.
Personal data collected by the NBA Family may be stored and processed in the region in which it is collected, in the United States, and in any other region where we maintain major operations. We maintain offices in Brazil, Canada, China, Hong Kong, India, Mexico, the Philippines, South Africa, Spain, Taiwan, the United Kingdom and the United States. We take steps to ensure that the data we collect under this Policy is stored and processed in accordance with this Policy regardless of where the data is located. By providing personal data in connection with the Services, you acknowledge and agree that such personal data may be transferred from your current location to the offices and servers of the NBA Family and our authorized third party service providers located in the United States. Our practice when transferring personal data is to rely on standard data protection contract clauses or individual consent.
We retain personal data for as long as necessary to provide the Services and fulfill the transactions you have requested, or for other necessary purposes such as complying with our legal obligations, resolving disputes and enforcing our agreements. Because these factors vary for different types of personal data, actual retention periods may vary. The criteria we use to determine the appropriate retention periods include:
This section supplements our Privacy Policy with additional information for California residents only. As noted above, we collect data that you provide directly when you register for or use the Services, user credentials that you supply directly when you register for or update your login information to use the Services, demographic data, payment data, device data, usage data, location data, information about your interests and preferences, third party integrations, and other third party data. In accordance with the California Consumer Privacy Act (“CCPA”), California residents have the right to request that we disclose the following information about our collection and use of personal information over the twelve months prior to your request:
You also have the right to request that we delete any of your personal information. In some circumstances we may not be able to honor your request for deletion – for example, if we need to hold on to your information to protect the security or functionality of our operations, to service your account, or to comply with legal obligations.
To ask for a record of the information we hold about you, or to ask us to delete your information, please visit us at http://privacy.nba.com or call us at (866) 622-7674. You must provide enough information that we can verify who you are and that you are a California resident. We will only use personal information provided in a request to verify the requester’s identity and authority to make the request.
You also have the right to direct us not to sell your personal information at any time. We have sold the following categories of personal information within the last twelve months: personal identifiers, commercial information, Internet/other electronic network activity information, geolocation data, characteristics of protected classifications, and inferences drawn from this information. To opt out of the sale of your personal information, you may submit a request to us at Do Not Sell My Personal Information.
You have the right to designate an authorized agent to make any of these requests under the CCPA on your behalf. We will not deny services, charge different prices, offer a different quality of service or otherwise discriminate against you for exercising your rights under the CCPA.
CCPA Metrics. CCPA regulations require us to disclose metrics for the previous calendar year regarding the requests we receive. Those metrics are available at https://www.nba.com/dsar-reporting.
We are providing you with this Notice of Financial Incentive, consistent with California law, to explain the material terms of the NBA’s financial incentive so that you may make an informed decision about whether to create an online account with us.
Material Terms of the Financial Incentive
We offer fans the opportunity to create an NBA ID to be eligible for certain perks and benefits such as rewards, badges for fan engagement, exclusive offers, and discounts. Creating an NBA ID is free and all benefits to you are free.
When you create an NBA ID, or if you already have an NBA ID, we will collect and keep the personal information you provide, or that you’ve previously provided, including your date of birth, country, and email address, which are required. You may also choose to provide your first name, last name, favorite team(s), and favorite player(s) when creating your account. To enhance your experience with the NBA and reward you, and to provide you with tailored benefits, such as the ability to participate in All Star Games votes, coupons for NBA merchandise, badges, and partner offers we will also collect and use the categories of personal information listed below, including personal information we’ve previously collected about you.
We collect this information through your interactions with the NBA and our partners, as further detailed in this Privacy Policy. We will also use this information to send you messages about benefits and rewards, and to send you tailored marketing messages from the NBA and its partners. We may sell your personal information to others within the NBA Family and our partners, and you can opt out of this sale by using Do Not Sell My Personal Information. The NBA will continue to honor your preferences regarding marketing communications, including whether you have previously asked the NBA not to use your personal information for the NBA to send you messages and advertisements about products and initiatives of the NBA and NBA partners.
We collect and use the following categories of information about you in connection with creating an NBA ID and offering you the benefits described herein:
The Value of your Personal Information
The NBA values the data of its accountholders because it allows us to engage with loyal fans and reward those fans with benefits, content, and promotions tailored to their purchase history and interests. The benefits to you are reasonably related to the value of your personal information. The value of your personal information to us varies by individual and is related to the value of the rewards and discounts provided to accountholders, minus the costs of providing those benefits.
How to Opt-in or Withdraw from Participation
By registering for an account online on the NBA website, our Pick’Em website, or via our NBA and NBA Events mobile apps, you will be opting in to receive these benefits. You may withdraw from participation at any time by deleting your user account by contacting us using any of the methods described in the “How to Contact Us” section of this Policy. Withdrawal will also result in deletion of your NBA account and any services linked to your account.
Additional Information
If you have any questions, you may contact us using any of the methods listed under the “How to Contact Us” section of the Policy.
We adhere to applicable data protection laws in the European Union (“EU”). In accordance with the General Data Protection Regulation (“GDPR”), users who are located in the EU have the following rights:
You may contact NBAP at http://privacy.nba.com or by using any of the methods described in the “How to Contact Us” section of this Policy. You may also contact our London office by any of the following methods:
We adhere to the Brazilian General Data Protection Law (“LGPD”), which applies to data processing operations carried out in Brazil, individuals located in Brazil, and personal data collected in Brazil. In accordance with the LGPD, Brazilian data subjects have the following rights:
You may contact NBAP at http://privacy.nba.com or by using any of the methods described in the “How to Contact Us” section of this Policy. You may also contact our Data Privacy Officer, Isabel Hungria, by any of the following methods:
By calling us at +55-21-3206-6419.
We may change this Policy from time to time to reflect changes in our business, the Services, or our practices and procedures. If we do make changes, we will post any changes on this page and indicate the date on which the Policy was last revised. We encourage you to review this Policy periodically, especially before you provide personal data directly to us through the Services. Your continued use of the Services after any changes to this Policy are in effect constitutes your acceptance of the revised Policy
Although we strive to make this Policy as comprehensive as possible, we know you may still have questions or concerns about how we collect, use and share data. If you have a question, concern or complaint regarding our data privacy practices, you may contact us by any of the following methods:
What’s New in the Updated Terms of Use?
We have revised the NBA.com Terms of Use, which apply to your use of the NBA’s digital platforms, including NBA websites, apps (e.g., mobile apps, tablet apps) and online content offerings. Some of the key changes are summarized below, but please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you use the NBA’s digital platforms, including, without limitation, when you view or access videos or other content.
Agreement to Arbitrate & Class Action Waiver: To help streamline the resolution of disputes, claims, and controversies under these Terms of Use, as set forth in more detail below, you agree that both you and the Site Operator, including the Site Operators’ present and future parents and subsidiaries, will be obligated to arbitrate disputes, claims, and controversies that arise out of or relate to your use of the Site and/or the provision of content, services, and/or technology on or through the Site, and that any such proceedings will be conducted only on an individual basis (and not as a class action).
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.
NBA.com Terms of Use
IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS 17 and 18.
WELCOME TO NBA.COM!
Please read these terms and conditions of use carefully before using http://www.nba.com (the “Web Site”), associated NBA apps (e.g., mobile apps, tablet apps) and/or associated content offerings (collectively, the “Site”). Your access to and use of the Site is subject to the following terms and conditions (including the Privacy Policy of the Site) and all applicable laws. By accessing and using this Site, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the Privacy Policy ) will mean you accept those changes and that such changes shall apply to Your use of the Site after such changes have been posted.
TABLE OF CONTENTS
1. Ownership and user restrictions
2. Registration
3. Message Features
4. Submissions
5. Votes, contests and sweepstakes
6. Links
7. Modular Content
8. Mobile Content & Text Message Campaigns
9. NBA Statistics
10. NBA Store on NBA.com
11. Disclaimer of warranties and damages; limitation of liability
12. Notice
13. Indemnification
14. Termination of service
15. Software
16. Notice of Copyright Infringement
17. Agreement to Arbitrate
18. Class Action Waiver
19. Choice of Law
20. Injunctive Relief
21. Miscellaneous
1. OWNERSHIP AND USE RESTRICTIONS
NBA.com is operated by 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”) and Turner Digital Basketball Services, Inc. (Turner and the NBA Entities shall each, and collectively, be referred to herein as the “Operator”).
The basketball-related content and materials contained within the Site (including, but not limited to, video, audio, photos, text, images, statistics, updated scores, logos and other intellectual property related to the NBA and its member teams) (“Basketball Content”) are either owned by or licensed to the Operator. No Basketball Content from the Site may be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used except as provided in these Terms of Use without the written permission of 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.
The National Basketball Association (“NBA”) name and logo and the names and logos of NBA.com and the NBA teams are the property of NBA Properties, Inc. and the member teams of the NBA. All other trademarks, logos and service marks (collectively, the “Trademarks”) appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited.
Images of people or places displayed on the Site are either the property of, or used with permission by, the Operator. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operator neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with the Operator.
2. REGISTRATION
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”).
B. Username and Password: If you opt to register for any portion of this Site (including the Mobile Service), you may be required to establish an account and provide a username and password. You authorize the Operator to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify the Operator of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your username and password. In no event will the Operator be liable for the unauthorized use or misuse of your username and/or password. The Operator may need to change usernames allocated to certain of our products and services and the Operator reserves the right to do so. You will be informed of this if the Operator makes such a change. The Operator collects and uses your username, password and other Registration Data in accordance with the Privacy Policy of the Site.
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
The Site may offer opportunities for you to send messages or postings in connection with various features including Wish Lists, Fan Favorites Lists, and Customer Reviews; electronic mail, chats with special guests, online polls and petitions, and forums to communicate with other users (“Message Features”). In order to participate in any Message Feature, you may be required to provide accurate and complete personal information consisting of your name and e-mail address, which shall be collected pursuant to the Privacy Policy of this Site.
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.
The Operator shall have the right, but not the obligation, in its sole discretion to review, edit or delete any Message transmitted in any Message Feature that: (i) violates any term of these Terms of Use; or (ii) is otherwise illegal, offensive or inappropriate. Depending on the nature of the violation, the Operator shall have the sole discretion to terminate your access to the Site. Please be advised that the Operator may cooperate with any law enforcement authorities or court order requesting or directing the Operator to disclose personal information of anyone who submits a Message that violates the foregoing terms in accordance with the Privacy Policy of the Site.
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.
Messages submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, nonconfidential and nonproprietary. By submitting a Message to the Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights to the Operator described in Section 4 below.
4. SUBMISSIONS
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 Site may offer you opportunities to vote in connection with certain events including All-Star Game balloting and also to enter contests and sweepstakes. By casting a vote or entering contests or sweepstakes, you signify your agreement to all special terms set forth on the Site applicable to the balloting, contest or sweepstakes, as well as to the terms set forth in these Terms of Use.
6. LINKS
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
The Operator of this Site may provide certain content, which includes graphics, text, audio, video, photographs, news, scores, or other material that is capable of being incorporated, including as a module or via an RSS feed or similar technology, into a web site or other online, cable, wireless, or other service other than the Site (“Modular Content”). To the extent that the Operator makes Modular Content available, you agree to use it responsibly and consistent with these Terms of Use and any other rules or restrictions provided to you in connection with the 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.
By viewing or using Modular Content, YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD THE OPERATOR HARMLESS FOR CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES ARISING OUT OF YOUR USE OF MODULAR CONTENT consistent with the terms of Section 13 of these Terms of Use.
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
A. Mobile Service. The Mobile Site and/or other areas of the Site may provide mobile alerts and other mobile entertainment content, such as news, scores, videos and other information or data via SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices (the “Mobile Service”). You acknowledge and agree that the Mobile Service is for your personal use and may be used only on your personal mobile device (“Mobile Device”). To the extent the Mobile Service requires designation of your Mobile Device during a registration or other process, the Mobile Service may only be used on the designated Mobile Device. You agree that you may not otherwise transmit, broadcast, upload to any computer or other mobile device, create derivative works of, or make commercial use of the Mobile Service, including, but not limited to, any mobile alert (a “Mobile Alert”). You may not, or attempt to (or otherwise authorize, encourage or support others’ attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Mobile Service, including, but not limited to, any Mobile Alert. We make no representation as to the compatibility of your Mobile Device with the Mobile Service, and you acknowledge and agree that we shall have no liability for the compatibility or non-compatibility of your Mobile Device with the Mobile Service. For clarity, the Mobile Service constitutes part of the Site and is therefore subject to the other provisions of these Terms of Use. In addition, on Site pages where the Mobile Service (including any Mobile Alert) is offered, the Operator may post additional terms (e.g., regarding additional fees) that apply to your use of the Mobile Service, and your use shall also be subject to those additional terms.
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.
D. Who Can Receive Text Messages? By signing up to receive texts, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent, legal guardian or account holder to sign up for text messages and to fulfill the obligations and agree to the terms set forth in these Terms of Use, which form a binding agreements between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.
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 Gatorade League (“G-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 customerservice@email.store.nba.com 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.
NOTWITHSTANDING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE OPERATOR PARTIES, FOR ANY REASON AND UPON ANY CAUSE OF ACTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR THESE TERMS OF USE SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED THE AMOUNT ACTUALLY RECEIVED BY THE OPERATOR FROM YOU FOR THE USE OF THE SITE 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 SITE, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THESE TERMS OF USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR PARTIES SHALL NOT HAVE ANY LIABILITY FOR ANY INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER FOR ANY REASON ARISING IN CONNECTION WITH THESE TERMS OF USE AND/OR THE SITE, 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 THESE TERMS OF USE.
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.
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 THESE TERMS OF USE, THE SITE, OR ANY PART THEREOF, MUST BE ASSERTED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED.
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.
We use YouTube API Services and by using the Sites or Services, you agree to be bound by the YouTube Terms of Service located here.
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.
12. NOTICE
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.
13. INDEMNIFICATION
You hereby agree to indemnify and hold Turner, its parent and affiliates, the NBA Entities, the National Basketball Association, its member teams, the National Basketball Players’ Association, and each of their respective general and limited partners, members, shareholders, directors, officers, employees, agents, representatives, vendors and business partners, harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and court costs) arising out of or relating to: (i) your use of the Site, including, but not limited to use of any Message Feature, Modular Content, or the Store; and (ii) any breach or alleged breach of these Terms of Use.
14. TERMINATION OF SERVICE
The Operator may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. The Operator may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in the Operator’s exclusive discretion, without prejudice to any legal or equitable remedies available to the Operator, for any reason or purpose, including, but not limited to, conduct that the Operator believes violates these Terms of Use or other policies or guidelines posted on the Site or conduct which the Operator believes is harmful to other customers, to the Operator’s business, or to other information providers. Upon any termination of this agreement, you shall immediately discontinue your use and access of the Site and destroy all materials obtained from it.
15. SOFTWARE
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:
DMCA Agent
NBA Media Ventures, LLC
645 Fifth Avenue
New York, NY 10022
Phone: 212-407-8000
Fax: 212-223-5159
Email: dmca@nba.com
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
The Operator and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
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.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between the Operator and you arising under these Terms of Use 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, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration.
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.
The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at “www.adr.org,” or by calling the AAA at 1-800-778-7879.
The Operator shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in connection with the arbitration including, but not limited to attorney’s fees and expert witness costs unless the Operator is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on the Operator and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. The Operator and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Notwithstanding the foregoing, the Operator and you agree not to seek any attorney’s fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. The Operator and you understand that, absent this mandatory arbitration provision, the Operator and you would have the right to sue in court and have a jury trial. The Operator and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
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 NBA.com
645 Fifth Avenue
New York, NY 10022
Attn: General Counsel
AND the following email address: [dmca@nba.com]
This notice must be sent within the later of 30 days of your first use of the Site or within 30 days of changes to this section being announced on the Site, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, the Operator also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Site will be deemed to be your irrevocable acceptance of these Terms of Use and any changes/updates to this section or otherwise.
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.
The Operator and you agree that the Operator and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The Operator and you further agree that the Operator and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Site.
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
These Terms of Use and any disputes relating to these Terms of Use or the Site 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. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. The Operator will be entitled to recover court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of these Terms of Use.
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.
21. MISCELLANEOUS
These Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operator. The Operator in its sole discretion may amend these Terms of Use, and your use of the Site after such amendment is posted on the Site will constitute acceptance of such amendment by you. The section headings in these Terms of Use are for convenience only and must not be construed as legal advice to you. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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LAST UPDATED: June 28, 2021
Copyright 2020 NBA Media Ventures, LLC. All Rights Reserved.
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