Subscriber Agreement

Aug 13, 2019 12:32 PM ET

SUBSCRIBER AGREEMENT FOR NBA LEAGUE PASS AND NBA TV

IMPORTANT! READ CAREFULLY

NBA LEAGUE PASS AND NBA TV (EACH, A “Service”) ARE INTERACTIVE ON-LINE SERVICES OPERATED BY TURNER DIGITAL BASKETBALL SERVICES, INC. ("TDBS") ON BEHALF OF NBA MEDIA VENTURES, LLC (“NBAMV”) IN CONNECTION WITH THE OFFICIAL INTERNET WEB SITE OF THE NATIONAL BASKETBALL ASSOCIATION (“NBA”), LOCATED AT WWW.NBA.COM, AND THE OFFICIAL APPS OF THE NBA, SUCH AS THE NBA APP (SUCH WEBSITE AND APPS, COLLECTIVELY, THE “Site”).  NBAMV AND TDBS ARE REFERRED TO HEREIN COLLECTIVELY AS “We,” “Us” AND/OR “Our”.  THIS SUBSCRIBER AGREEMENT (“Agreement” OR “Subscriber Agreement”), ALONG WITH THE DOCUMENTS REFERENCED HEREIN, GOVERNS YOUR USE OF AND ACCESS TO EACH SERVICE. THIS SUBSCRIBER AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND US.  BY ACCESSING A SERVICE, YOU AGREE TO BE BOUND BY THIS SUBSCRIBER AGREEMENT AND THE DOCUMENTS REFERRED TO HEREIN, INCLUDING, BUT NOT LIMITED TO, THE SITE TERMS OF USE AND THE NBA.COM NETWORK PRIVACY POLICY.  IF YOU DO NOT ACCEPT THIS SUBSCRIBER AGREEMENT, DO NOT PROCEED TO ACCESS ANY SERVICE AND YOU ARE NOT AUTHORIZED TO USE ANY SERVICE.

NOTE: IF YOU HAVE SUSCRIBED TO NBA LEAGUE PASS OR NBA TV THROUGH YOUR SATELLITE OR CABLE PROVIDER, YOUR 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 SUBSCRIPTION. TDBS AND  WWW.NBA.COM  DO NOT PROVIDE AND ARE NOT RESPONSIBLE FOR ANY TELEVISION PORTION OF YOUR NBA LEAGUE PASS AND/OR NBA TV 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 . 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.

PRIVACY OF INFORMATION AND SITE TERMS OF USE

You agree to the Site Terms of Use (the “Terms”), posted at  and the NBA.com Network Privacy Policy (“Privacy Policy”), posted at ,  each of which may be amended from time to time and are incorporated herein by this reference. To the extent of any conflict between the terms or conditions of this Agreement and the terms or conditions of the Terms and/or Privacy Policy, the terms and conditions of this Agreement will govern.  Without limiting the generality of the foregoing, you  acknowledge that you have read and agree to the Terms and the Privacy Policy, and you understand that your subscription and your use of the Service is subject to the clauses set forth in the Privacy Policy and the Terms, including, without limitation, the Terms’ clauses titled “DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY”, “AGREEMENT TO ARBITRATE”, and “CLASS ACTION WAIVER” .

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 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 each Service (the “Fees”) posted on the Site pages where the applicable 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 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 publishing the changes on the Site pages where the applicable Service is located.  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 when posted on the Site pages where the applicable Service is located. 

For any Service subscriptions purchased via  www.nba.com, NBAMV shall be the seller of record 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.  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 PayPal account or 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 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 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  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 preview 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 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 help.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 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 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 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 help.nba.com.  Please carefully review the renewal terms posted at the point of purchase.

Single 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  help.nba.com (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 help.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 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.

 BLACKOUT RESTRICTIONS

Each Service may only be used and/or accessed from within the United States.   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 within the United States.  Please go to help.nba.com 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.

SYSTEM REQUIREMENTS

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 help.nba.com.

CONTENT OWNERSHIP; USAGE RESTRICTIONS; THIRD PARTY SOFTWARE

The content available through each 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 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: 

1.  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;

2.  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;

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 a 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. 

IF YOU ARE USING A THIRD PARTY’S MEDIA PLAYER SOFTWARE TO VIEW A SERVICE, THE USE OF SUCH SOFTWARE WILL BE GOVERNED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE OR OTHERWISE PUBLISHED BY THE APPLICABLE THIRD PARTY. Any personal information you provide to such third party in connection with your use of the third party’s software is governed by that third party’s privacy policy and software license.

TRADEMARKS

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

To obtain access to a Service, you may be required to register with the Site, which may include providing your name, address, email address, age and gender (and/or other information requested by Us) to create a Site account. You will also be required to choose a username and password or access code (collectively, the “Password”). You agree to: (i) provide current, complete, true and accurate information; (ii) maintain and update your information as required to keep it current, complete and accurate; and (iii) provide additional information about yourself as may be requested by Us from time to time. Please note that We may use such information in accordance with the Privacy Policy. We reserve the right to require you to periodically change your Password. You agree: 

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 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 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 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 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 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.

MISCELLANEOUS

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 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.    

 

Last Updated on October 15, 2019


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