- Ownership and use restrictions
- Message features
- Submissions
- Votes, contests and sweepstakes
- Links
- NBA Store on NBA.com
- Disclaimer of warranties and damages; limitation of liability
- Notice
- Indemnification
- Termination of service
- Software
- Choice of Law
- Miscellaneous
NBA.com is owned by NBA Media Ventures, LLC ("NBAMV") and shall 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 NBAMV. 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 NBAMV.
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, 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. MESSAGE FEATURES
The Site may offer opportunities for you to send messages or postings in connection with various features including 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 will fully 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 paragraph 3 below.
3. SUBMISSIONS
By transmitting any Message (see Paragraph 2 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 known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes (collectively, "Rights"). This means that anything submitted by you to NBA.com will be owned by NBAMV and may be used by NBAMV for any purpose, now or in the future, without any payment to, or further authorization by, you. All Submissions, whether solicited or unsolicited, shall become and remain the property of the Operator. 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.
4. 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.
5. 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 NBAMV, 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 NBAMV 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 NBAMV.
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.
6. NBA STORE ON NBA.COM
A. The NBA Store on NBA.com (the "Store") allows you to order products (the "Merchandise") supplied by an independent merchandise vendor, Footlocker.com, Inc. and managed by an independent operator, Amazon.com. By placing an order in the Store, you acknowledge that Footlocker.com is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. Footlocker.com can be reached by using the contact information provided below.
B. By placing an order in the Store, you agree to pay Amazon.com 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, Amazon.com or your credit card issuer. Amazon.com may bill your credit card at the time Merchandise is ordered. Amazon.com 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, basketballs). 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 Footlocker.com either by: (i) e-mail to customersupport@store.nba.com or (ii) telephone at 800-NBA-0548 for callers within the United States or (715) 261-9360 for callers outside of the United States. You may also refer to the Help – Contact Us section of the Store for more information.
7. 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.
The Operator and its respective affiliates, owners, employees, directors, officers or shareholders (collectively, the "Operator Parties") make no 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.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE OPERATOR PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATOR PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.
The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Site. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operator or any affiliate of any third party site or content. The Operator is not responsible for the availability of these third party resources, or their contents. The Operator has not reviewed any or all of the sites linked to the Site and are 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 and without the permission of the Operator. 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.
8. 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):
1. electronic mail to FanRelations@NBA.com;
2. letter faxed to NBAMV at the following fax number: (212) 888-7931;
3. letter delivered by first class postage prepaid mail or courier to NBA Media Ventures, LLC at the following address:
NBA Media Ventures, LLC
450 Harmon Meadow Blvd.
Secaucus, NJ 07094
Attn: Legal Department
9. INDEMNIFICATION
You hereby agree to indemnify and hold NBA Media Ventures, LLC, NBA Properties, Inc., the National Basketball Association, its member teams, vendors, business partners, the National Basketball Players' Association and each of their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives 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 or the Store; and (ii) any breach or alleged breach of these Terms of Use.
10. 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 will immediately discontinue your use and access of the Site and destroy all materials obtained from it.
11. 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.
12. 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 Jersey, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Use or the Site shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the City of Newark, State of New Jersey, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. You 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 their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these Terms of Use.
13. MISCELLANEOUS
These Terms of Use constitute the entire agreement between the parties, and supersedes 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 it 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.
LAST UPATED: December 7, 2004
Copyright 2004 NBA Media Ventures, LLC All rights reserved.
