WELCOME TO THE MEDIACENTRAL WEB SITE ON NBA.COM, ACCCESSIBLE AT MEDIACENTRAL.NBA.COM (the “SITE”). Please
read these terms and conditions of use carefully before using the Site. Your access to and use of the Site is subject to (1) the following
terms and conditions, (2) the terms and conditions of your agreement with one
or more of the Operator Parties (defined below), (3) the
NBA.com Terms of Use (including the NBA.com
Privacy Policy), and (4) all applicable laws, regulations and rules. By
accessing and using this Site, you signify your agreement to these Terms of
Use. If you do not agree to these Terms of Use, you are not authorized to use
the Site. In the event of a
conflict or inconsistency between any provision in these Terms of Use and any
provision in your (or your MSO’s) agreement with one or more of the Operator
Parties (defined below) or in the NBA.com
Terms of Use, these Terms of Use shall prevail with respect to
that conflicting or inconsistent provision. These Terms of Use may be amended or modified, or new conditions may be
imposed, at any time. Any such changes or additions will be reflected by an
update of this posting. Please
check these Terms of Use periodically for changes. Your
continued use of the Site following the posting of changes to these terms
(including the NBA.com Terms
of Use and the
Privacy Policy ) will signify your agreement to those changes.
1. OWNERSHIP AND USE RESTRICTIONS
The Site is operated by NBA Media Ventures, LLC ("NBAMV") on
behalf of NBA Properties, Inc. (“NBAP”). The content and materials contained within this Site (including, but not limited
to, video, audio, photos, text, images, statistics, updated scores, logos and
other intellectual property related to the National Basketball Association
("NBA") and its member teams) (collectively, "NBA Content") are either owned
by, or exclusively licensed to, NBAMV, NBAP and/or one of their related
entities. The NBA Content
contained on the Site is protected by copyright, trademark and/or other
intellectual property laws. No NBA
Content from the Site may be reproduced, republished, uploaded, posted,
transmitted, reproduced, distributed, copied, publicly displayed or otherwise
used without the prior express written permission of NBAMV or NBAP.
NBAMV maintains the Site solely for use by members of
legitimate news organizations (the “Media”) and solely to assist the Media in
covering news of the NBA, its member teams and events, activities and games
related thereto. You may not
download, distribute, reproduce, republish, display, modify, transmit, reuse,
repost, or use any materials contained on the Site for commercial purposes. All uses of NBA Content must maintain all copyright and other
proprietary notices contained on the materials.
Nothing contained on the Site should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use or modify
any NBA Content displayed on the Site without the prior written permission of
NBAMV or NBAP. Your use of the NBA
Content displayed on the Site, or any other content on the Site, except as
provided in these Terms of Use, is strictly prohibited. Upon request of NBAMV or NBAP, you shall immediately take down, delete,
remove, make inaccessible, and/or otherwise stop using (as directed by NBAMV or
NBAP) any NBA Content, regardless of whether NBAMV or NBAP had previously
approved such use.
You acknowledge that use of this Site does not grant you any
licenses or rights with respect to the use of (i) names, nicknames,
photographs, portraits, likenesses, signatures or other identifiable features
(“Attributes”) of current NBA players or (ii) the Attributes of any other
person. You shall not use NBA
player Attributes or the Attributes of any other person in any manner that may
imply a testimonial or endorsement of any product or service without first
obtaining written authorization from the subject player(s) or other person(s).
2. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
NBAMV, NBAP, the NBA and each of their respective affiliates,
related entities owners, employees, directors, officers or shareholders
(collectively, the "Operator Parties") make no representation that the
materials contained in the Site (including without limitation the NBA Content)
are appropriate or authorized for use in any countries, states, provinces,
county or other jurisdiction. 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, regulations and rules.
THE MATERIALS IN THIS SITE (INCLUDING
WITHOUT LIMITATION THE NBA CONTENT) 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 ANY AND 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, VIRUSES, BUGS AND/OR
SIMILAR PROBLEMS. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES ARE
NOT LIABLE (1) FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, DATA, INFORMATION OR
BUSINESS RESULTING FROM YOUR USE OF THE SITE OR (2) FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES; YOU
SPECIFICALLY ACKNOWLEDGE 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.
3. INDEMNIFICATION
You shall indemnify and hold harmless the Operator Parties,
their vendors and business partners, the National Basketball Players
Association and each of the respective general and limited partners, members,
shareholders, directors, officers, employees, agents and representatives of the
foregoing 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 your use of any NBA Content contained
thereon; and (ii) any breach or alleged breach of these Terms of Use or the
NBA.com Terms of Use.
4. TERMINATION OF SERVICE
NBAMV may change, suspend or discontinue any aspect of the
Site at any time, including the availability of any Site feature, database, or
content. NBAMV 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 NBAMV's exclusive discretion, without prejudice to any legal or
equitable remedies available to NBAMV, for any reason or purpose, including,
but not limited to, conduct that NBAMV believes violates these Terms of Use or
the NBA.com Terms of Use or other policies or guidelines posted on the Site or
conduct which NBAMV believes is harmful to other customers, to the business of
the Operator Parties, or to other information providers. Upon any termination
of this agreement, you shall immediately discontinue your use and access of the
Site and destroy all materials obtained from it.
5. GOVERNING LAW AND JURISDICTION
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 Parties will be entitled to recover court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of these Terms of Use.