THE NBA LEAGUE PASS SUBSCRIPTION SERVICE (THE "SERVICE") IS A DIGITAL CONTENT SERVICE OPERATED BY NBA PROPERTIES, INC. ("NBAP") (OR AN AFFILIATED ENTITY). NBAP IS REFERRED TO HEREIN 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 THE SERVICE. THIS SUBSCRIBER AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND US. BY CHECKING THE "I ACCEPT" BOX OR BY OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THIS SUBSCRIBER AGREEMENT
We reserve the right to make changes, modifications, amendments and/or updates to the terms in this 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 the access points for the Service at http://watch.nba.com or Our mobile application (the “Access Points”). 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 or otherwise, you are agreeing to be bound by the Subscriber Agreement, as amended.
Subscription Packages: The Service is
offered in the following subscription packages, each of which are subject to
the Blackout and Territorial Restrictions set forth below: (i) League
Pass Package (includes all NBA Regular Season games, First Round
Playoff games, Second Round Playoff games, Conference Finals games, and Finals
games, the NBA TV Package and access to certain video on demand content) (the
“League Pass Package”), (ii) Team Choice Package (includes all
NBA Regular Season games involving the selected NBA team(s) and First Round
Playoff game, Second Round Playoff game, Conference Finals game, or NBA Finals
game for selected team(s) if the team(s) qualify) (“Team Choice Package”),
(iii) League Pass Game Choice Package (includes any NBA
Regular Season games, First Round Playoff games, Second Round Playoff games,
Conference Finals games, or NBA Finals games specifically identified as part of
the purchase, limited to 8 per 30 day period) (“League Pass Game Choice
Package”), (iv) Single Game Package (includes only the NBA
Regular Season game, First Round Playoff game, Second Round Playoff game,
Conference Finals game, or NBA Finals game specifically identified as part of
the purchase) (“Single Game Package”), (v) Commercial League
Pass Packages (includes options for each
“Subscription Packages” above but made available to
commercial establishments), (vi) League Pass Premium Package
(includes all NBA Regular Season games, First Round Playoff games, Second Round
Playoff games, Conference Finals games, and Finals games, the NBA TV Package,
custom highlight packages and access to certain video on demand content) (the “League
Pass Premium Package”), (vii) League Pass Day Pass Package (access for
24 hours to the “League Pass Package”) (“League Pass Day Pass Package”) and (viii) NBA
TV Package (includes the NBA TV linear programming service) (“NBA TV
Blackout and Territorial Restrictions: The Service may only be used and/or accessed from the allowable territories as determined by NBAP (which shall exclude, without limitation, the United States, Puerto Rico, the U.S. Virgin Islands, Bermuda, Guam and the People's Republic of China (excluding Hong Kong, Macau and Taiwan)). Blackout restrictions may apply to the Service depending on the date of the applicable game, your location and any applicable local, national and international content distribution exclusivity requirements. You may therefore be unable to view certain games via the Service from some locations. Please go to https://support.watch.nba.com to learn more about these restrictions. IF YOU CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT, ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION, WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR SUBSCRIPTION AND CHARGE AN EARLY TERMINATION FEE OF ONE HUNDRED DOLLARS ($100.00) (OR SUCH OTHER AMOUNT AS THEN IN EFFECT) TO YOUR DESIGNATED PAYMENT METHOD; IN ADDITION, YOU MAY BE SUBJECT TO LEGAL ACTION BY US OR OTHER THIRD PARTIES.
You can always find the current subscription fees and other charges for the Service (the "Fees") posted at the Access Points. All Fees will at all times be calculated and billed in the currency set forth on the purchase page for the Service, provided that NBAP reserves the right, in its sole discretion, 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 Fees (including, without limitation, any applicable taxes and foreign currency exchange-related fees) incurred in connection with your access to the Service and/or your 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 at the Access Points. You acknowledge and agree that you shall be responsible for reviewing the Service's schedule of Fees from time to time for changes, and you further agree that changes shall be effective when posted at the Access Points. Except as otherwise expressly provided herein, NBAP shall be the seller of record of Service subscriptions for purposes of VAT and other indirect taxes associated with the Service, and, without limiting the generality of the foregoing, you agree to pay Us any taxes (other than VAT or other indirect taxes) imposed on the sale of subscriptions or other products or services via the Service, for remission by NBAP to appropriate taxing authorities.
Payment Dates: For each of the League Pass Package, the League Pass Premium Package and the League Pass Day Pass Package, the Fees are due and payable either (x) in full on the date of purchase or (y) in the event that We offer an installment plan and You select to pay pursuant to such installment plan, the first installment of the Fees is due and payable in full on the date of purchase (the “Initial Installment Date”) and the Fees for each subsequent installment shall be due and payable on the same day of each subsequent month as the Initial Installment Date or the last day of such month, whichever day occurs earlier (e.g., in the event that your subscription is payable in three installments and your first payment occurred on January 31, your next payment date will be February 28 and your final payment date will be March 31). For each of the League Pass Game Choice Package, Team Choice Package (together with the League Pass Package and League Pass Premium Package and any other package offered on an annual basis, the “Annual Packages”) and the Single Game Package, the Fees are due and payable in full on the date of purchase. For the NBA TV Package, the monthly League Pass Package and League Pass Premium Package (such League Pass Package and/or League Pass Premium Package, together with the NBA TV Package, the “Monthly Packages”), the Fees for the first month is due and payable in full on the date of purchase (the “Initial Monthly Date”), and the Fees for each subsequent month shall be due and payable on the same day of each such month as the Initial Monthly Date or the last day of such month, whichever day occurs earlier (e.g., in the event your first payment occurred on January 31, your next payment date will be February 28) (such date, the “Monthly Payment Date”). In the event we offer any package on a weekly basis, the Fees for the first week shall be due and payable in full on the date of purchase and the Fees for each subsequent week shall be due and payable once per week thereafter. We will bill your Designated Payment Method on each applicable payment date as set forth above.
Automatic Renewals: Unless you elect not to participate in the auto-renewal option, (i) your subscription to any Annual Package will automatically renew on approximately September 1 of the next year at either the applicable rate for that year for such Annual Package and (ii) your subscription to any Monthly Package will automatically renew on the Monthly Payment Date at the applicable rate for such Monthly Package. If you purchase a subscription that includes an introductory free trial period, You authorize Us to automatically bill the Fees (including any renewal Fees) based on any subscription you purchase to the Designated Payment Method upon the conclusion of the free trial period, unless you elect to cancel your subscription upon the conclusion of such free trial period. To cancel the annual automatic renewal feature, you can send an e-mail to our designated customer support address (“Customer Support”) (currently email@example.com), or use the online form found on your "My Account" page.
Upgrading a Package: We currently allow the following upgrades: (i) an upgrade from the League Pass Package to the League Pass Premium Package (where the League Pass Premium Package is available), (ii) an upgrade from the Team Choice Package to the League Pass Package, (iii) an upgrade from the Team Choice Package to the League Pass Premium Package (where the League Pass Premium Package is available), (iv) an upgrade from the NBA TV Package to the League Pass Premium Package and (v) an upgrade from the League Pass Game Choice Package to the League Pass Package (each, a “Permitted Upgrade”). If, at any point, you wish to upgrade your Service pursuant to a Permitted Upgrade, you will be billed for the price difference between the Package types for the billing period in which you upgrade. (For example, if you purchase a League Pass Package on January 1 and then upgrade to League Pass Premium Package on January 15, you will be billed a prorated monthly rate for the League Pass Premium Package for the period between January 15-31 and you will be billed the full subscription fee for the League Pass Premium Package, prorated as of February 1.) To upgrade your Service package, please visit https://watch.nba.com/account/profile.
Unable-to-be-processed payments: If we are unable to process your Designated Payment Method at any time, we reserve the right to suspend and/or terminate your Service account and you will remain fully responsible for all amounts payable by you to Us. Depending on your Designated Payment Method, your agreement with your Designated Payment Method provider (e.g., your credit/debit card issuer) governs use of your use of the Designated Payment Method. You must refer to those agreements and terms and conditions with respect to your rights, obligations and liabilities regarding the Designated Payment Method. 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.
PASSWORDS AND ACCESS TO SERVICE
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;
3. Not to circumvent the password restrictions for the Service, nor allow others to do so on your behalf;
4. Not to use anyone else's Password; and
5. To notify NBAP immediately upon discovery or suspicion of compromise of the confidentiality of any Password.
You acknowledge and agree that your subscription to the Service is personal to you and that you will not share your Password or grant any other person access to the Service, using your Password or otherwise. 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 NBAP 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 NBAP. You may not use the 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 the Service 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 the Service if you are a Service subscriber in good standing with a valid, authorized Designated Payment Method on file with NBAP.
PRIVACY OF INFORMATION
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NBAP, ITS AFFILIATES AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND/OR SUPPLIERS OF THE FOREGOING SHALL NOT HAVE ANY LIABILITY FOR ANY INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER FOR ANY REASON ARISING IN CONNECTION WITH THIS AGREEMENT AND/OR THE SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THIS AGREEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NBAP, ITS AFFILIATES AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND/OR SUPPLIERS OF THE FOREGOING SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURY CAUSED, IN WHOLE OR IN PART, BY CONTINGENCIES OR ISSUES BEYOND THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO: THE ACTS OF THIRD PARTIES, ERRORS IN THE CONTENT OR SERVICE, NETWORK FAILURES, INTERNET FAILURES, SOFTWARE AND HARDWARE FAILURES, VIRUSES AND OTHER SYSTEM ATTACKS, LABOR STOPPAGES, RIOTS, ACTS OF GOVERNMENT OR GOD, NATURAL DISASTERS, ACTS OF TERRORISM, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER (I) LIABILITY OR DAMAGE IS ALLEGED FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION, AND/OR (II) THE PARTY AGAINST WHICH LIABILITY OR DAMAGES IS SOUGHT WAS ADVISED OF THE POSSIBILITY THEREOF.
NOTWITHSTANDING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF NBAP, ITS AFFILIATES AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND/OR SUPPLIERS, FOR ANY REASON AND UPON ANY CAUSE OF ACTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED THE AMOUNT ACTUALLY RECEIVED BY US FROM YOU FOR THE USE OF THE SERVICE DURING THE MONTH IN WHICH THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SERVICE, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THIS AGREEMENT.
CONTENT OWNERSHIP; USAGE RESTRICTIONS; THIRD PARTY SOFTWARE
The content available through the Service is the property of NBAP 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. Other than with respect to the Commercial League Pass Packages, such content may only be used or viewed by you for your personal, non-commercial use only, and you agree not use the content in a manner that would achieve commercial gain. With respect to each League Pass Package, you agree (i) to keep intact all copyright and other proprietary notices; (ii), not to use the content in a manner that would damage the goodwill associated with or compete with NBAP or its affiliates; (iii) not to use the content in a manner that suggests an association with any of Our services, brands, or products; and (iv) to make no modifications to the content. Additionally, you agree to use the 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 the Service to anyone, including, but not limited to, others in the same company or organization, without the express prior written consent of NBAP.
You may not attempt to circumvent technological measures employed to control access to, or the rights in, the 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. Other than with respect to the Commercial League Pass Packages, you are only subscribing to the Service for your individual, private, non-commercial household use and enjoyment and that no part of the 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, NBAP) may be used by you and none of the Service 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 the 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 laws, rules and regulations (including, without limitation, those of the Federal Communications Commission).
The National Basketball Association ("NBA") name and logo and the names and logos of the NBA teams and the Service are the property of NBA Properties, Inc., certain of its affiliates and the member teams of the NBA. All other trademarks, logos and service marks (collectively, the "Trademarks") appearing in the Service are Trademarks of their respective owners. Nothing contained in the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the Service without the written permission of its respective owner. Your use of the Trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Images of people or places displayed in the Service are either the property of, or used with permission by, Us. The use of these images by You, or anyone else authorized by You, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere in the Service. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We neither warrant nor represent that Your use of materials displayed in the Service will not infringe rights of third parties not owned by or affiliated with Us.
In addition, through the Service We may make available statistics, including statistics generated and/or calculated by Us or Our designee using proprietary calculations and analyses, relating to or arising out of the performance of players during or in connection with NBA or NBA-affiliated games, competitions or events (collectively, "NBA Statistics"). By using such NBA Statistics, You agree that: (1) any use, display or publication of the NBA Statistics shall include a prominent attribution to the in connection with such use, display or publication; (2) the NBA Statistics may only be used, displayed or published for legitimate news reporting or private, non-commercial purposes; (3) the NBA Statistics may not be used in connection with any sponsorship or commercial identification; (4) the NBA Statistics may not be used or referred to in connection with any gambling activity (including legal gambling activity); (5) the NBA Statistics may not be used in connection with any fantasy game or other commercial product or service; (6) the NBA Statistics may not be used in connection with any product or service that presents a live, near-live or other real-time or archived play-by-play account or depiction of any NBA game; and (7) the NBA Statistics may not be used in connection with any web site, product or service that features a database (in any medium or format) of comprehensive, regularly updated statistics from NBA games, competitions or events without Our express prior consent.
NOTICE OF COPYRIGHT INFRINGEMENT
If You believe in good faith that Your copyrighted work has been reproduced on or linked in the Service without authorization in a way that constitutes copyright infringement, please provide Our designated copyright agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material in the Service that is requested to be removed;
(c) Your name, address and daytime telephone number, and an e-mail address if available, so that We may contact You if necessary;
(d) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
The copyright agent for notice of claims of infringement in the Service is:
NBA Properties, Inc.
645 Fifth Avenue
New York, NY 10022
DISCLAIMER OF WARRANTIES
DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THE SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT AND THE SERVICE. THE SERVICE AND THE INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED BY NBAP, AND ITS AFFILIATES AND/OR LICENSORS ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF NBAP, ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT SUPPLIERS OR LICENSORS (COLLECTIVELLY, "INDEMNITEES") WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE OR THE CONTENT AVAILABLE THROUGH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APLICABLE LAW, IN NO EVENT WILL THE INDEMNITEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SERVICE OR THE CONTENT AVAILABLE VIA THE SERVICE.
The Service includes facts, views, opinions and recommendations of third party individuals and organizations deemed of interest. None of NBAP, the NBA or any affiliated NBA entity guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations.
To the maximum extent permitted by applicable law, you agree to defend (at NBAP's election), indemnify and hold harmless each Indemnitee from and against all claims (including, but not limited to, claims for copyright infringement, defamation, invasion of privacy and infringement of rights of publicity, whether in tort, in contract or otherwise), damages and expenses (including, but not limited to, attorneys' fees, court costs, judgments and settlement costs) that the Indemnitee may incur or become subject to by reason of or arising out of the use of the Service by you or under your Password(s).
Termination: 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 the Service and this Agreement immediately. We further reserve the right to discontinue, suspend, terminate or change the Service, or its availability to you, at any time, including in the event that We believe, in our sole discretion, that the primary country in which You access the Service is different than the primary country from which You purchased the Service. If We terminate this Agreement or discontinue your Service subscription for cause (e.g., 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.
Cancellation: You may elect to cancel your subscription at any time by sending an email to Customer Support with a cancellation request. Your election will be deemed to have been received one (1) U.S. business day after We receive your cancellation notice through Customer Support. Your election to cancel your subscription will take effect at the conclusion of the billing period in which your election is received. For example, if you purchase a subscription on January 1 and then elect on January 15 to cancel your subscription, your subscription will be terminated effective as of 11:59 p.m. Eastern Time on January 15. If your subscription has a monthly fee installment structure, the portion of the monthly subscription fee attributable to the period between January 16-31 will not be refunded to you. 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.
GOVERNING LAW; DISPUTE RESOLUTION; REMEDIES; CLASS ACTION WAIVER
Governing Law: 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. Notwithstanding the provisions of the Dispute Resolution section set forth below, We also reserve the right to bring any action to enforce this Agreement or, in connection with, any matters related to the Service in either the state or Federal Courts located in a federal or state court of competent jurisdiction located within the State of New York, 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 agree to accept service of process by reputable express carrier (e.g., UPS) and/or certified mail, return receipt requested, at the address designated by you. We will be entitled to recover costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of this Agreement.
Dispute Resolution: Except as otherwise expressly set forth in this Agreement to the contrary, any and all disputes arising from or relating to this Agreement or the Service shall be solely and finally settled by arbitration. The arbitration will be governed by the Rules of Arbitration of the International Chamber of Commerce. The arbitration will be conducted in New York County, New York by a single arbitrator to be selected by Us and the language to be used in the arbitral proceedings shall be English. The arbitrator's authority shall be limited to resolving individual disputes between you and Us, and the arbitrator shall not determine, as an initial matter, whether class, mass or consolidated relief is permitted in arbitration. Notwithstanding the foregoing, without first seeking or obtaining any decision in arbitration (even if a similar or related matter has already been referred to arbitration in accordance with the terms of this paragraph), (i) We, and Our respective affiliates and licensors, may bring any claim or suit for the purpose of evidencing, enforcing, registering or defending Our or their respective intellectual property rights in any court or forum of competent jurisdiction; and (ii) We, and Our respective affiliates and licensors, shall be entitled to seek injunctive and other equitable relief in any court or forum of competent jurisdiction to enforce this Agreement. To the maximum extent permitted by applicable law, You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement, the Service or any part thereof must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
Injunctive Relief: You acknowledge and agree that any violation of the Agreement relating to the disclosure, use, copying, distribution, display or publishing of the information and/or content on the Service and/or use of the Service may result in irreparable injury and damage to NBAP that may not be adequately compensable in money damages, and for which NBAP will have no adequate remedy at law. You, therefore, consent and agree that NBAP may obtain injunctions, orders or other equitable relief as may be reasonably necessary to ensure compliance with this Agreement. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief.
Class Action Waiver: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. We and You agree that We and You will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under this Agreement in connection with the Service will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. We and you further agree that We and You shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under this Agreement or in connection with the Service. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York. The terms of this provision will also apply to any claims asserted by You against any member, parent or affiliated company of Us to the extent that any such claims arise out of Your access to, and/or use of the Service, and/or the provision of content, services, and/or technology on or through the Service.
Except as otherwise expressly provided herein, all notices required under the terms and provisions hereof to Us shall be in writing and shall be transmitted via reputable express carrier (e.g., FedEx, UPS, DHL) to the addresses for NBAP below. Except as otherwise expressly provided herein, all notices to NBAP are effective upon confirmed receipt by NBAP. 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 reputable express carrier (e.g., UPS) or email to any address for you referenced below. Except as otherwise expressly provided herein, all notices to you sent by (i) reputable express carrier are effective five (5) business days after deposit with reputable express carrier, and (ii) email are effective one (1) business day after transmission, assuming some confirmation of transmission is retained. If to NBAP: NBA Properties, Inc., 645 Fifth Avenue, New York, NY 10022 U.S.A., with a copy (which copy alone shall not constitute effective notice) to NBAP Legal Department, 645 Fifth Avenue, New York, NY 10022 U.S.A. If to you: To the then-current physical address or email address indicated in the Service or registration for your account.
Use of the 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 NBAP, (ii) in connection with any change of control (e.g., by merger, exchange of stock or other equity interests, etc.) involving NBAP or one of its respective affiliates or in connection with any sale of substantially all of the assets related to the Service, or (iii) to any successor in interest or other assignee of NBAP. This Agreement shall be binding on and inure to the benefit of the successors and permitted assigns of NBAP. 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 NBAP. 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.
ADDITIONAL TERMS APPLICABLE TO SUBSCRIBERS LOCATED IN HONG KONG, MACAU AND TAIWAN
The terms "We", "Us" and "Our" as used herein shall also be deemed to refer to, without limitation, NBA Hong Kong Operations Limited ("NBAHK"). For all Service subscriptions purchased in Hong Kong, Macau and Taiwan, NBAHK shall be the seller of record of Service subscriptions for sales tax purposes, and, without limiting the generality of the foregoing, you agree to pay NBAHK (or its designee) any taxes imposed on the sale of subscriptions or other products or services via the Service, for remission by NBAHK (or its designee) to appropriate taxing authorities. 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.