NBA LEAGUE PASS BROADBAND SUBSCRIBER AGREEMENT
IMPORTANT! READ CAREFULLY
NOTE: IF YOU HAVE SUSCRIBED TO NBA LEAGUE PASS THROUGH YOUR SATELLITE OR CABLE PROVIDER, YOUR LEAGUE PASS SUBSCRIPTION MAY BE SUBJECT TO SUCH ADDITIONAL TERMS AS MAY BE CONTAINED IN ANY SEPARATE AGREEMENT BETWEEN YOU AND YOUR SATELLITE OR CABLE PROVIDER RELATED TO YOUR NBA LEAGUE PASS SUBSCRIPTION. TDBS AND WWW.NBA.COM
DO NOT PROVIDE AND ARE NOT RESPONSIBLE FOR ANY TELEVISION PORTION OF YOUR NBA LEAGUE PASS SUBSCRIPTION. CONTACT YOUR SATELLITE OR CABLE PROVIDER FOR MORE DETAILS.
CHANGES TO SUBSCRIBER AGREEMENT
We reserve the right to make changes, modifications, amendments and/or updates to the terms in the Subscriber Agreement from time to time and for any reason, by posting such changes in this document, which you can access at any time by visiting [http://account.nba.com/subscriberagreement]. You acknowledge and agree that you shall be responsible for reviewing this Agreement from time to time for changes, and that changes to this Agreement shall be effective when posted. By continuing to use the Service after We have posted any such changes in the Subscriber Agreement, you are agreeing to be bound by all of the Subscriber Agreement, as amended, with respect to Your use of NBA League Pass Broadband following the posting of such changes.
As an NBA League Pass Broadband subscriber, you will periodically receive emails regarding your NBA League Pass Broadband subscription. In addition, you may periodically receive information by e-mail regarding League Pass Broadband discounts, updates and new offerings about NBA League Pass Broadband and other products and services from the NBA and its partners. If you wish to change your email preferences at any time, you may do so by following the instructions provided within the e-mails received, or by visiting the My Account area http://www.nba.com/allaccess/index.html, where you can change your account information.
SUBSCRIPTION FEES AND PAYMENT; SUBSCRIPTIONS
Subscription Fees: You can find the current subscription fees and other charges for the Service (the “Fees”) posted on the Site pages where the Service is located. You agree to pay all subscription Fees and other Fees (including any applicable taxes) incurred in connection with your access to the Service and/or your Service Password (defined below), at the rates in effect when the charges were incurred. We may change the Fees, or add new Fees, upon prior notice to you either by e-mail or publishing the changes on the Site pages where the Service is located. You acknowledge and agree that you shall be responsible for reviewing the Service’s schedule of Fees from time to time for changes, and you further agree that changes shall be effective when posted on the Site pages where the Service is located. NBAMV shall be the seller of record of Service subscriptions for sales tax purposes, and, without limiting the generality of the foregoing, you agree to pay Us any taxes imposed on the sale of subscriptions or other products or services via the Service, for remission by NBAMV to appropriate taxing authorities.
Payment: You authorize Us to automatically bill subscription Fees based on any subscription you purchase to the means of payment (e.g., credit card, PayPal account) you designate during the registration process for the Service or subsequently designate to Us. You agree to provide Us with a valid means of payment and accurate, complete and updated information required by the subscription registration form. By submitting your means of payment (e.g., credit card or PayPal account) as the form of payment, you represent and warrant that your use of such means of payment is authorized and that all information that you submit is true and accurate (including, without limitation, credit card and/or account number and expiration date). In doing so, you also authorize Us to charge to your means of payment all amounts payable by you to Us based on the subscription/billing plan you selected, including, but not limited to, all Fees and any applicable taxes We are required to collect. Failure to comply may result in the immediate suspension or termination of your access to the Service. If you want to designate a different means of payment or if there is a change in validity or expiration date, you can change your means of payment and associated account information at http://www.nba.com/allaccess/index.html.
Unable-to-be-processed payments: If We are unable to process your means of payment at any time, your Service account may be immediately suspended or terminated and you will remain responsible for all amounts payable by you to Us. Your agreement with your credit issuer governs use of your credit card and the PayPal user agreement governs your use of the PayPal service. You must refer to those agreements with respect to your rights and liabilities as, as applicable, a cardholder or PayPal account holder. We reserve the right to continue to collect payment (and to continue to attempt to collect payment) that has not been collected due to technical or other issues.
Free Trial Period: We (from time to time in our sole discretion) may choose to offer new users of the Service a free preview period (i.e., period during which the user may access the Service or some part of it without first being charged a subscription fee). The length of any such period and the additional terms and conditions associated with it shall be displayed proximately to where you are able to register for the free preview period. Any such additional terms and conditions shall, in addition to this Subscriber Agreement, apply to the free trial period.
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME DURING THE FREE PREVIEW PERIOD. OUR CANCELLATION INSTRUCTIONS ARE HERE http://leaguepasssupport.nba.com. FOR CERTAIN FREE PREVIEW OFFERS, IF YOU DO NOT CANCEL, THEN, UPON EXPIRATION OF THE FREE PREVIEW PERIOD, YOU WILL BE ENROLLED IN THE SERVICE SUBSCRIPTION THAT YOU SELECTED WHEN YOU REGISTEED FOR THE FREE PREVIEW PERIOD, AND YOU WILL BE CHARGED (E.G., THE PAYMENT MEANS YOU PROVIDED TO US WILL BE CHARGED) THE FEES APPLICABLE TO THE SERVICE SUBSCRIPTION THAT YOU SELECTED WHEN YOU REGISTERED FOR THE FREE PREVIEW PERIOD. YOUR SUBSCRIPTION WILL THEN AUTOMATICALLY RENEW (AND YOU WILL BE CHARGED THE APPLICABLE FEES EACH TIME YOUR SUBSCRIPTION RENEWS) AS DESCRIBED BELOW UNLESS AND UNTIL YOU SUBSEQUENTLY CANCEL IT. IF YOUR FREE PREVIEW PERIOD IS ONE THAT WILL AUTOMATICALLY CONVERT INTO A SUBSCRIPTION THAT REQURIES THE PAYMENT OF ASSOCIATED SUBSCRIPTION FEES, THIS WILL BE STATED AT THE POINT WHERE YOU REGISTER FOR THE PREVIEW PERIOD.
Subscriptions and periodic billing: There are different types of subscriptions available via the Service.
Some subscriptions begin when you place your order and continue until terminated as provided in this Agreement, and these subscriptions require you to pay the associated subscription Fees periodically and in advance (for example, for Full Season premium subscriptions, you must pay the associated subscription Fee for each NBA season in advance). For Full Season premium subscriptions, the associated subscription Fee for the first NBA season is payable in advance on the date of purchase. All subscriptions, with the exception of daily access subscriptions and subscriptions purchased within a mobile or tablet application (e.g., purchased within an app as an “in-app upgrade”), will automatically renew as a Full Season subscription for each subsequent NBA season and the subscription Fee associated with such Full Season subscription becoming due and payable on or around the start of the applicable season, unless we receive notification from you electing to discontinue your subscription before the cancellation deadline stated at http://leaguepasssupport.nba.com.
Daily access subscriptions (if offered and subject to any additional terms and conditions posted where the subscription is offered) begin when you place your order and expire after the period identified on the Service web page where the subscription is ordered. You must pay any associated subscription Fee in advance on the date of order for these subscriptions.
As indicated above, subject to this Agreement and your payment of the associated subscription Fees, certain subscriptions will continue until terminated as provided in this Agreement. This means, for example (and subject to this Agreement and your payment of the associated subscription Fees), that if you purchase any NBA League Pass Broadband subscription, other than a daily access subscription and subscriptions purchased within a mobile or tablet application (e.g., those purchased within an app as an “in-app upgrade”), in a particular NBA season, your subscription will continue as a Full Season subscription for the next NBA season and subsequent NBA seasons (and you will be billed for and required to pay the associated subscription Fee for those seasons) unless we receive notification from you electing to discontinue your subscription before the cancellation deadline stated at http://leaguepasssupport.nba.com.
YOUR RIGHT TO NOTIFY US TO DISCONTINUE YOUR SUBSCRIPTION
You may elect to discontinue your subscription by visiting http://leaguepasssupport.nba.com. Your election will be deemed to have been received one (1) business day after you so notify Us that you want to discontinue your subscription.
Your election to discontinue will take effect for the following NBA season, provided that your election is received by Us before the cancellation deadline stated at http://leaguepasssupport.nba.com. If you elect during an NBA season to discontinue your subscription, you will not receive a refund for the then-current season’s subscription Fees (e.g., if you have purchased a Full Season Pass for the current NBA season and during the current NBA season you elect to discontinue your subscription, your subscription will expire at the end of the current NBA season, but subscription Fees for the Full Season Pass for the current NBA season will not be refunded).
All subscriptions, with the exception of daily access subscriptions and subscriptions purchased within a mobile or tablet application (e.g., those purchased within an app as an “in-app upgrade”) will automatically renew for the following NBA season unless your election to discontinue your subscription is received by Us by the cancellation deadline stated at http://leaguepasssupport.nba.com.
ALL SALES ARE FINAL. We do not give full or partial refunds for subscriptions that you have purchased regardless of the basis for the refund REQUEST.
You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service. AS BETWEEN YOU AND US, YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR MEANS OF PAYMENT (E.G., CREDIT CARD OR PAYPAL ACCOUNT) BY A THIRD PARTY, EVEN IF NOT AUTHORIZED BY YOU.
The Service may only be used and/or accessed from within the United States. Blackout restrictions may apply to the Service depending on the date of the applicable game, your location and local, national and international broadcast exclusivities. You may therefore be unable to view certain games via the Service from some locations within the United States. Please go to http://leaguepasssupport.nba.com to learn more about these restrictions. You agree that you will not use the Service if you are located outside of the allowable territories or in an area where blackout restrictions apply. IF YOU CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT, ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND A CHARGE OF ONE HUNDRED DOLLARS ($100.00) FOR EARLY TERMINATION; AND YOU MAY BE SUBJECT TO LEGAL ACTION.
Your system may need to meet certain minimum requirements in order for you to be able to utilize the service (“Minimum System Requirements”). You are solely responsible for ensuring that your system meets the Minimum System Requirements and for any costs associated with this. For more information about Minimum System Requirements please see http://leaguepasssupport.nba.com.
CONTENT OWNERSHIP; USAGE RESTRICTIONS; THIRD PARTY SOFTWARE
The content available through the Service is the property of NBAMV and/or third parties (including, but not limited to, its affiliates), and is protected by copyright and other intellectual property laws of the United States and other jurisdictions. Such content may only be used or viewed by you for your personal, non-commercial use only, and provided that you: (i) keep intact all copyright and other proprietary notices; (ii) do not use the content in a manner that would achieve commercial gain, or that would damage the goodwill associated with or compete with NBAMV or its affiliates; (iii) do not use the content in a manner that suggests an association with any of Our services, brands, or products (unless otherwise authorized in writing by NBAMV); and (iv) make no modifications to the content. Additionally, you agree to use the Service in a manner that complies with all applicable laws. You agree not to copy, deep link, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Service to anyone, including, but not limited to, others in the same company or organization, without the express prior written consent of NBAMV.
You may not attempt to circumvent technological measures employed to control access to, or the rights in, the Service, whether in conjunction with or through use of any device, software program, service or otherwise.
In addition, without limiting the generality of the foregoing, you acknowledge and agree that:
1. You are only subscribing to the Service for your individual, private, non-commercial household use and enjoyment and that no part of the Service will be viewed in areas open to the public or be received by any location which is a commercial establishment;
2. No trademarks of any provider of Service content (including, but not limited to, NBAMV) may be used by you and none of the Service content will be rebroadcast, retransmitted or otherwise used by you;
3. Running accounts of Service content/programming in progress will not be transmitted or distributed by you;
4. No admission will be charged by you for viewing any of the programming available through the Service;
5. We and/or certain of Our content providers may enforce violations of clauses 1-4 immediately above;
6. Notwithstanding anything herein to the contrary, any violation of clauses 1-4 immediately above may be prosecuted by Us or certain of Our content providers in any court of competent jurisdiction; and
7. Any such prosecution by Us or Our content providers shall be governed by, among other things, applicable law and rules and regulations.
NBA, NBA.COM, NBA LEAGUE PASS BROADBAND, and each of their associated logos are trademarks of NBAMV and/or its affiliates or licensors. All rights reserved. All other trademarks appearing on the Service are the property of their respective owners.
PASSWORDS AND ACCESS TO SERVICE
1. That you are and shall be responsible for maintaining the confidentiality and security of your Password, and for restricting access to your computer and your Password;
2. Not to share, transfer, lease, assign or sublicense any Password without TDBS’ prior written consent;
3. Not to circumvent the password restrictions on the Site, nor allow others to do so on your behalf;
4. Not to use anyone else’s Password;
5. To notify TDBS immediately upon discovery or suspicion of compromise of the confidentiality of any Password; and
6. That We may impose restrictions on the number of concurrent log-ins via Your account (e.g., may prohibit more than one Service log-in using your account at any given time).
You acknowledge and agree that your subscription to the Service is personal to you and that you will not share your Password or grant any other person access to the Service, using your Password or otherwise, without TDBS’ prior written consent. You further acknowledge and agree that you shall be solely liable and responsible for all activities that occur under your Password. You further agree that We shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, the use of your Password by you or anyone other than Us. You may not use the Service for any unlawful purpose or for any purpose other than as expressly authorized herein. We shall have the right, in Our sole discretion, to refuse or restrict anyone from access to any or all of the Service at any time for any reason or to refuse to permit you to use a Password for any reason, including but not limited to, that your Password impersonates someone else, is protected by trademark or other intellectual property rights, or is vulgar or otherwise offensive, as determined solely by Us in Our sole discretion. You may only receive the Service if you are a Service subscriber in good standing with a valid, authorized credit card or PayPal account on file with TDBS.
TERMINATION OF SERVICE BY US
In addition to any other remedies available to Us, whether in equity, at law or otherwise, upon your failure to comply with any of the terms or conditions in this Subscriber Agreement, We shall have the right to terminate your access to the Service and this Agreement immediately. We further reserve the right to discontinue, suspend, terminate or change the Service, or its availability to you, at any time. If We terminate this Agreement or discontinue your Service subscription for cause (for example, due to your breach of this Agreement), you will not receive any refund or partial refund for any charges or Fees already incurred by or billed to you, and We reserve all other rights available to Us in connection with your breach.
Use of the Service is not authorized in any jurisdiction that does not give effect to this Agreement. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. We may assign Our rights and obligations under this Agreement, without notice, (i) to any affiliate of TDBS or NBAMV, (ii) in connection with any change of control (e.g., by merger, exchange of stock or other equity interests, etc.) involving TDBS or one of its respective affiliates or in connection with any sale of substantially all of the assets related to the Site, or (iii) to any successor in interest or other assignee of TDBS. This Agreement shall be binding on and inure to the benefit of the successors and permitted assigns of TDBS. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of TDBS. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. A waiver by Us of any right hereunder in any one instance shall not be deemed as a waiver of such right in any subsequent instance.