SUBSCRIBER AGREEMENT FOR NBA LEAGUE PASS AND NBA TV
IMPORTANT! READ CAREFULLY
NOTE: IF YOU HAVE SUBSCRIBED TO NBA LEAGUE PASS OR NBA TV THROUGH YOUR SATELLITE, CABLE OR STREAMING TELEVISION SERVICE PROVIDER, YOUR SUBSCRIPTION MAY BE SUBJECT TO SUCH ADDITIONAL TERMS AS MAY BE CONTAINED IN ANY SEPARATE AGREEMENT BETWEEN YOU AND YOUR SATELLITE, CABLE OR STREAMING TELEVISION SERVICE PROVIDER RELATED TO YOUR SUBSCRIPTION. CONTACT YOUR SATELLITE, CABLE OR STREAMING TELEVISION SERVICE 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 [https://nba.com/league-pass-termsofuse-outside-us]. 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 and NBA TV following the posting of such changes.
As a Service subscriber, you will periodically receive emails regarding your NBA League Pass and/or NBA TV subscription. In addition, you may periodically receive information by e-mail regarding NBA League Pass and/or NBA TV discounts, updates and new offerings about NBA League Pass, NBA TV 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 https://watch.nba.com/account/profile, where you can change your account information and preferences.
SUBSCRIPTION FEES AND PAYMENT; SUBSCRIPTIONS
Subscription Fees: You can find the current subscription fees and other charges for each Service (the “Fees”) posted on the Site pages for the applicable Service. All Fees will at all times be calculated and billed in the currency set forth on the purchase page for the Service, provided that We reserve the right to collect Fees in U.S. Dollars. Notwithstanding anything to the contrary in this Subscriber Agreement, the Fees shall be inclusive of VAT and any other indirect taxes. You agree to pay all subscription Fees and other Fees (including any applicable taxes) incurred in connection with your access to the applicable 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 by publishing the changes on the Site pages for the applicable Service. You acknowledge and agree that you shall be responsible for reviewing the applicable Service’s schedule of Fees from time to time for changes, and you further agree that changes shall be effective as set forth in the applicable notice.
We have contracted with Dice Lion Technology, LLC (d/b/a Endeavor Streaming) in connection with the sale of subscriptions to the NBA League Pass Service and operation of the Services, and may contract with other third parties in connection with the sale of Service subscriptions and/or operation of the Services. For any Service subscriptions purchased via the Site (www.nba.com and NBA Apps), you agree to pay NBAMV and/or a third party contracted by Us any taxes imposed on the sale of subscriptions or other products or services via the Service, for remission to appropriate taxing authorities. If you purchase a Service subscription using your account with a third party app store (e.g., Apple App Store, Google Play), your purchase will be billed by that third party app store and will be subject to the additional terms and conditions governing the making of purchases via such store.
Payment: For any subscription you purchase, you authorize subscription Fees to be billed automatically to the means of payment you designate (for example, the credit card you designate via the Site, or the credit card you designate for a third party app store). You agree to provide 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) 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 charges to your means of payment for all amounts payable by you based on the subscription/billing plan you selected, including, but not limited to, all Fees and any applicable taxes. Failure to comply may result in the immediate suspension or termination of your access to the applicable Service. If you want to designate a different means of payment or need to update validity or expiration date information, please visit https://watch.nba.com/account/profile to learn about how to make changes.
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 applicable Service a free trial period (i.e., period during which the user may access the applicable 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 trial 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. FOR CERTAIN FREE TRIAL OFFERS, IF YOU DO NOT CANCEL, THEN, UPON EXPIRATION OF THE FREE TRIAL PERIOD, YOU WILL BE ENROLLED IN THE SERVICE SUBSCRIPTION THAT YOU SELECTED WHEN YOU REGISTERED 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 TRIAL PERIOD IS ONE THAT WILL AUTOMATICALLY CONVERT INTO A SUBSCRIPTION THAT REQUIRES 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 Service subscriptions available.
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 some subscriptions, you must pay the associated subscription Fee for each NBA season in full in advance, and for other subscriptions you must pay a recurring fee throughout the duration of your subscription). For most subscriptions, the subscription will automatically renew at the end of the initial subscription period, and will continue to automatically renew at the end of each renewal period, and you will be charged the associated subscription fees, unless we receive notification from you electing to discontinue your subscription before the cancellation deadline stated at https://watch.nba.com/account/profile. Please carefully review the renewal terms posted at the point of purchase.
Single game or partial game 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 such subscription in a particular NBA season, your subscription will automatically renew and continue into 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 https://watch.nba.com/account/profile (or unless we elect, in our sole discretion, to discontinue the Service or exercise our other rights to terminate this Agreement and the applicable Service).
YOUR RIGHT TO NOTIFY US TO DISCONTINUE YOUR SUBSCRIPTION
You may elect to discontinue your subscription by visiting [support.watch.nba.com] to submit a request. 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 at the end of the then-current subscription period. You will not receive a refund for the then-current subscription period’s Fees. For example, if you have purchased a full season League Pass subscription and paid the entire Fees in advance, 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 current NBA season will not be refunded. As another example, if you have purchased a monthly League Pass subscription and you subsequently elect to discontinue your subscription, your subscription will expire at the end of the current monthly billing period, but subscription Fees for the current monthly billing period will not be refunded.
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, including any mobile data charges or other fees charged to you by your wireless carrier if you access the Service via a mobile device. 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.
Your subscription to the Service is subject to territorial restrictions. The Service may only be used and/or accessed from the territories We determine (which currently exclude the People’s Republic of China (excluding Hong Kong, Macau and Taiwan)). Blackout restrictions may apply to a 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 a Service from some locations. Please go to https://support.watch.nba.com/hc/en-us/articles/115002481154-Blackouts to learn more about these restrictions. You agree that you will not use any 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 each 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 https://support.watch.nba.com.
CONTENT OWNERSHIP; USAGE RESTRICTIONS; THIRD PARTY SOFTWARE
The content available through each Service is the property of NBAMV or its affiliates and/or third parties, 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 each 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 any 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, any Service, whether in conjunction with or through use of any device, software program, service or otherwise.
In addition, without limiting the generality of the foregoing, you acknowledge and agree that:
- You are only subscribing for your individual, private, non-commercial household use and enjoyment and that no part of any Service will be viewed in areas open to the public or be received by any location which is a commercial establishment;
- No trademarks of any provider of Service content (including, but not limited to, NBAMV) may be used by you and none of any Service’s content will be rebroadcast, retransmitted or otherwise used by you;
- Running accounts of Service content/programming in progress will not be transmitted or distributed by you;
- No admission will be charged by you for viewing any of the programming available through a Service;
- We and/or certain of Our content providers may enforce violations of clauses 1-4 immediately above;
- Notwithstanding anything herein to the contrary, any violation of clauses 1-4 immediately above may be prosecuted by Us or certain of Our content providers in any court of competent jurisdiction; and
- Any such prosecution by Us or Our content providers shall be governed by, among other things, applicable law and rules and regulations.
NBA, NBA.COM, NBA LEAGUE PASS, NBA TV and each of their associated logos are trademarks of NBAMV and/or its affiliates or licensors. All rights reserved. All other trademarks appearing on any Service are the property of their respective owners.
PASSWORDS AND ACCESS TO SERVICE
- That you are and shall be responsible for maintaining the confidentiality and security of your Password, and for restricting access to your computer and your Password;
- Not to share, transfer, lease, assign or sublicense any Password without Our prior written consent;
- Not to circumvent the password restrictions on the Site, nor allow others to do so on your behalf;
- Not to use anyone else’s Password;
- To notify Us immediately upon discovery or suspicion of compromise of the confidentiality of any Password; and
- 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 a Service is personal to you and that you will not share your Password or grant any other person access to the applicable Service, using your Password or otherwise, without Our 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 any 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 any Services 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 a Service if you are a subscriber to the applicable Service in good standing with a valid, authorized payment method (e.g., credit card or PayPal account) on file with Us.
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 any Service and this Agreement immediately. We further reserve the right to discontinue, suspend, terminate or change any and/or all Services, and/or their availability to you, at any time. If We terminate this Agreement or discontinue any of your Service subscriptions 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.
ADDITIONAL TERMS APPLICABLE TO SUBSCRIBERS LOCATED IN HONG KONG, MACAU AND TAIWAN
The terms “NBAMV”, “We”, “Us” and “Our” as used herein shall also be deemed to refer to, as applicable and without limitation, NBA Hong Kong Operations Limited (“NBAHK”). All notices required under the terms and provisions hereof to NBAHK shall be in writing and shall be transmitted by reputable express carrier (e.g., DHL) to the address for NBAHK below. Except as otherwise expressly provided herein, all notices to NBAHK are effective five (5) business days after deposit with the reputable express carrier, assuming some confirmation of sending is retained. Except as otherwise expressly provided herein, all notices required under the terms and provisions hereof to you shall be in writing and shall be transmitted by regular Hong Kong mail service, reputable express carrier or email to any address for you referenced below. Except as otherwise expressly provided herein, all notices to you sent by (i) regular Hong Kong mail service or reputable express carrier are effective five (5) business days after deposit with regular Hong Kong mail service or reputable express carrier, and (ii) email are effective one (1) business day after transmission, assuming some confirmation of transmission is retained. Address for NBAHK: Room 3101, The Lee Gardens, 39 Hysan Avenue, Causeway Bay, Hong Kong, Attention: Senior Vice President, with a copy (which shall not constitute notice) to NBAHK Legal Department (at the same address), Attention: General Counsel.
ADDITIONAL TERMS APPLICABLE TO SUBSCRIBERS LOCATED IN CANADA
If you subscribe to the NBA League Pass linear television service from an authorized provider in Canada, you may be eligible to receive the Service in Canada at no additional charge. Contact your NBA League Pass linear television service provider for details.
ADDITIONAL NOTICE RELATING TO SOFTWARE
Software and other materials from the Service 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 the Service 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. We do not authorize the downloading or exportation of any software or technical data from the Service to any jurisdiction prohibited by the United States Export Laws.
This Agreement and any disputes relating to this Agreement and/or the Service will be governed by the laws of the State of New York, United States of America, without regard to its principles of conflicts of laws. Use of a 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 NBAMV, (ii) in connection with any change of control (e.g., by merger, exchange of stock or other equity interests, etc.) involving NBAMV 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 NBAMV. This Agreement shall be binding on and inure to the benefit of the successors and permitted assigns of NBAMV. 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 NBAMV. 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.
Last Updated on October 23, 2020