USA Basketball Terms of Use

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WELCOME TO USABASKETBALL.COM! Please read these terms of use (the “Terms of Use”) carefully before using USABasketball.com (the "Site"). Your access to and use of the Site is subject to the Terms of Use (including the Privacy Policy of the Site) and all applicable laws. By accessing and using the Site, you signify your assent to the Terms of Use. If you do not agree to the Terms of Use, please do not use the Site. The Terms of Use may be amended at any time. Any changes will be reflected by an update of this posting. Please check the Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to the Terms of Use (including the Privacy Policy) will mean you accept those changes.

1. OWNERSHIP AND USE RESTRICTIONS The Site is operated by NBA Media Ventures, LLC (“NBAMV”) and its affiliates pursuant to an agreement with USA Basketball, Inc. (“USA Basketball”) (NBAMV and USA Basketball collectively referred to herein as the “Operator”, “we”, “our” or “us”).

The Site contains content and materials (including, but not limited to, video, audio, photos, text, images, statistics, updated scores, logos and other intellectual property related to USA Basketball) that is either owned by or licensed to the Operator. The Operator maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site only for your personal, noncommercial use, provided you also maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, modify, transmit, reuse, repost, link to, or use any materials of the Site for public or commercial purposes on any other website or otherwise without the written permission of the Operator (and, as applicable, the copyright owner). Modification of any materials displayed on the Site is a violation of the Operator’s copyright and other proprietary rights.

The “USA Basketball” and “USA Basketball” names and logos are the property of USA Basketball. All other trademarks, logos and service marks (collectively, the "Trademarks") appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited.

The Operator neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with the Operator.

2. SUBMISSIONS

By transmitting any message or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, "Submissions"), you are automatically granting the Operator a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, "Rights"). All Submissions, whether solicited or unsolicited, shall become and remain the property of the Operator. This means that anything submitted to us by you may be used by the Operator for any purpose, now or in the future, without any payment to, or further authorization by, you. The Operator also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission.

A. Solicited Submissions: At times, the Operator may solicit Submissions from visitors to Site, including, but not limited to, information, ideas, artwork or other materials. For additional information on how solicited Submissions will be used, please review any notices of planned use posted where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operator of the Rights described above.

B. Unsolicited Submissions: Although we are pleased to hear from USA Basketball fans and welcome your comments regarding the Site, unfortunately, the Site does not permit it to accept or consider unsolicited Submissions. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by the Operator might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions, we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future USA Basketball products or programs. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of the Operator. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operator of the Rights described above.

3. USA Basketball STORE

A. The USA Basketball Store located at http://usabasketball.shop.sportstoday.com (the "Store") is operated by Musictoday, LLC (“Musictoday”), a subsidiary of Live Nation Worldwide, Inc. (“Live Nation”), pursuant to an agreement with USA Basketball. Musictoday operates as an independent merchandise vendor in supplying and managing the products (the "Merchandise") sold through the Store. By placing an order through the Store, you acknowledge that Musictoday is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. Musictoday can be reached by using the contact information provided below.

B. By placing an order on the Store, you agree to pay Musictoday all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by the Operator, Musictoday or your credit card issuer. Musictoday may bill your credit card at the time Merchandise is ordered. Musictoday may, in its sole discretion, decline service to or terminate your Store account without notice.

C. Questions relating to the Store, Merchandise and order fulfillment should be directed to Musictoday either by: (i) e-mail to support@sportstoday.com or (ii) telephone at 1-800-927-7821.

4. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

While the Operator uses reasonable efforts to include accurate and up to date information on the Site, the Operator makes no warranties or representations as to its accuracy. The information contained on or made available through the Site cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. The Operator assumes no liability or responsibility for any errors or omissions in the content of the Site.

Neither USA Basketball, NBAMV, nor any of their respective affiliates, owners, employees, directors, officers or shareholders (collectively, the "Operator Parties") make any representation that the materials contained on the Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. 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.

THE MATERIALS ON THIS SITE 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 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 ON THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND 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 ON 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 THE SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU TO THE OPERATOR PARTIES FOR ACCESSING THE SITE, IF ANY.

The Site may contain links and pointers to other websites, resources, and advertisers of the Site. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operator or any affiliate of any third party site or content. The Operator is not responsible for the availability of these third party resources, or their contents. The Operator has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk. By clicking on any such link, you acknowledge that the Operator has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operator with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or webmaster.

5. NOTICE

The Operator may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user's e-mail address if on record with the Operator, or by written communication sent by first class mail to a user's address if on record with the Operator.

6. INDEMNIFICATION

You hereby agree to indemnify and hold USA Basketball, Musictoday, NBAMV, NBA Properties, Inc., the National Basketball Association (“NBA”), the Women’s National Basketball Association (“WNBA”), NBA Development League, LLC (“D-League”), the NBA, WNBA and D-League member teams, the National Basketball Players' Association, the Women’s National Basketball Players’ Association, Turner Digital Basketball Services, Inc., and each of their respective parents, subsidiaries, affiliates, general and limited partners, members, shareholders, directors, officers, employees, agents, representatives, vendors and business partners, harmless 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 the Store); and (ii) any breach or alleged breach of the Terms of Use.

7. TERMINATION OF SERVICE

The Operator may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. The Operator 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 the Operator's exclusive discretion, without prejudice to any legal or equitable remedies available to the Operator, for any reason or purpose, including, but not limited to, conduct that the Operator believes violates the Terms of Use or other policies or guidelines posted on the Site or conduct which the Operator believes is harmful to other customers, to the Operator's business, or to other content 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.

8. SOFTWARE

Software and other materials from the Site 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 Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, 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. The Operator does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control laws.

9. NOTICE OF COPYRIGHT INFRINGEMENT

If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site 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 on the Site 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 on the Site is:

DMCA Agent
NBA Media Ventures, LLC
645 Fifth Avenue
New York, NY 10022
Phone: 212-407-8000
Fax: 212-223-5159
Email: dmca@nba.com

We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the Site privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

10. CHOICE OF LAW

The Terms of Use and any disputes relating to the Terms of Use or the Site will be governed by the laws of the State of New York, without regard to its choice-of-law provisions. Any claim relating to the Terms of Use or the Site shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the City of New York, State of New York, 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 will be entitled to recover court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of the Terms of Use.

11. MISCELLANEOUS

The Terms of Use (including the Privacy Policy of the Site) constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operator. The Operator in its sole discretion may amend the Terms of Use, and your use of the Site after such amendment is posted on the Site will constitute acceptance of such amendment by you. The section headings in the Terms of Use are for convenience only and must not be construed as legal advice to you. If any provision of the Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

LAST UPATED: June 29, 2010
Copyright 2010 USA Basketball, Inc. All rights reserved.

Use of this Site signifies your acceptance of these Terms of Use and the Privacy Policy for USABasketball.com.