Media Central Terms of Service

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.