NBA ALL-STAR SMS VOTING TERMS OF USE ("Terms")

These Terms govern your participation in short messaging service (SMS) voting (the “Service”) in connection with the events comprising “2008 NBA All-Star Weekend” (collectively, the “Event”). By casting an SMS vote during any Event (including the Sprite Slam Dunk Contest and the NBA All-Star Game), you signify your agreement to these Terms, as well as to the terms set forth in the NBA.com Terms of Use (including the NBA.com Network Privacy Policy). In addition, these Terms may be supplemented or amended at any time by the instructions given during the live broadcast of any Event.

TABLE OF CONTENTS

  1. Availability
  2. Rates and Charges
  3. Privacy
  4. Indemnification
  5. Disclaimer of Warranties and Limitation of Liabilities
  6. Discontinuation or Termination of Service
  7. Opt-Out
  8. SMS Voting Help/FAQs

  1. Availability The Service is available to users on all major wireless carriers in the United States, plus most secondary carriers. The Service is also available to Rogers Wireless users in Canada. Voting is not available to users in Puerto Rico or the U.S. Virgin Islands.

    To participate in the Service, you must have a wireless subscription with a participating wireless carrier as described above. In addition, you must provide all equipment necessary to connect to the Service, including, but not limited to, a wireless access device equipped with an active two-way short messaging service.

  2. Rates and Charges Standard text message rates apply. Consult your wireless service provider for details regarding your individual wireless service and associated SMS charges.
  3. Privacy See the NBA.com Network Privacy Policy for an explanation of our collection and use of personal information under these Terms: http://www.nba.com/news/privacy_policy.html.
  4. Indemnification You agree to release, indemnify, defend and hold harmless NBA Media Ventures, LLC, the National Basketball Association (the “NBA”) and each of its member teams, NBA Properties, Inc., NBA Entertainment, the National Basketball Players Association, and each of their respective affiliated entities, owners, directors, governors, officers, employees and agents from and against all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.
  5. Disclaimer of Warranties and Limitation of Liabilities The NBA and/or the Service provider, Telescope, Inc. (“Telescope”) are not responsible for incomplete, lost, delayed, damaged, defective or misdirected SMS messages; failure or malfunction of wireless access devices, communications systems, cellular equipment towers, wireless services, or other hardware or software; interruption or other network server failure; error, omission, interruption, defect or delay in any transmission or communication; traffic congestion; or any other technical problem. The Service may not be available in all areas at all times.

    The NBA is not responsible for any liability for damage to any wireless system or device resulting from participation in the Service. The NBA assumes no responsibility for undeliverable SMS messages resulting from any form of active or passive filtering by a user's wireless service provider or for insufficient space in user’s wireless device or account to receive messages.

    YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS SOLEY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR WIRELESS DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, THE NBA, ITS LICENSORS AND CONTRACTORS (INCLUDING TELESCOPE AND ANY OTHER THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE NBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

  6. Discontinuation or Termination of Service You hereby agree that the NBA, at its sole discretion and without notice to you, may at any time change or discontinue the Service, or terminate your use of the Service. Further, you agree that the NBA shall not be liable to you or any third party for any termination of your access to the Service.
  7. Opt-Out You may opt-out of this Service at any time by sending an SMS message with the text “STOP,” “QUIT,” “CANCEL,” “END” or “UNSUBSCRIBE” to DUNKS (38657) (or such other number as may be designated by the NBA).
  8. SMS Voting Help/FAQs For additional help and answers to some of your questions, text “HELP” to DUNKS (38657) or review our

    LAST UPDATED: 2/7/2008 Copyright 2008 NBA Media Ventures, LLC. All rights reserved.

NOTICE
The NBA reserves the right at any time and from time to time to amend, supplement or modify these Terms (the “Amendments”). We will post or display notices of material Amendments on the Web Site. Once the NBA posts such Amendments on the Web Site, these Amendments become effective immediately and if you continue to use the Service after the Amendments become effective, such use will signify your agreement to be bound by such Amendments.