Terms of Use

WELCOME TO NBAHOOPTROOP.COM!

Please read these terms and conditions of use (collectively, "Terms of Use") carefully before using NBAHoopTroop.com (the "Site"). Your access to and use of the Site is subject to these Terms of Use (including the Privacy Policy of the Site) and all applicable laws. By accessing and using this Site, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. Please be sure to get your parent or legal guardian to review and discuss these Terms of Use with you.  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 Privacy Policy ) will mean you accept those changes.

TABLE OF CONTENTS

 


1. OWNERSHIP AND USE RESTRICTIONS

 
NBAHoopTroop.com is operated by Cartoon Interactive Group, Inc. ("Cartoon Network") pursuant to an agreement with NBA Media Ventures, LLC ("NBAMV"), NBA TV, LLC ("NBATV") and NBA Properties, Inc. ("NBAP") (NBAMV, NBATV and NBAP collectively referred to as the "NBA Entities"). Cartoon Network and NBAMV shall each, and collectively, be referred to herein as the "Operator."

The basketball-related and other content and materials contained within the Site (including, but not limited to, video, audio, photos, text, images, statistics, updated scores, characters, software, logos and other intellectual property related to Cartoon Network and the National Basketball Association ("NBA") and its member teams) ("Content") are either owned by or licensed to the Operator. No Content from the Site may be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used except as provided in these Terms of Use without the written permission of the Operator.

Modification of the Content or use of the Content in whole or in part for any non-approved purpose is a violation of the Operators’ or other owners’ copyright, trademark and other proprietary rights.  You expressly understand and agree that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Site (including, without limitation, data packets transmitted to and from the Site over the Internet), or analyze, decipher, "sniff", derive code from, or attempt to analyze, decipher, "sniff", or derive code from any packet stream transmitted to or from the Site, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "fair use" or are for "interoperability purposes" under the Digital Millennium Copyright Act. 

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 to any single computer 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 Web site or otherwise without the written permission of the Operator. Modification of any materials displayed on the Site is a violation of the Operator’s copyright and other proprietary rights.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge.  Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your enjoyment and use of the Site and all features and activities available on the Site, and your receipt of data, materials and information available at or through the Site. 
The NBA name and logo and the names and logos of NBAHoopTroop.com and the NBA teams are the property of NBA Properties, Inc. and the member teams of the NBA. The Cartoon Network name and logo, and the names of logos of Cartoon Network programs and materials included on the Site are the property of The Cartoon Network, Inc.  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.

Images of people or places displayed on the Site are either the property of, or used with permission by, the Operator. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. 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. UNSOLICITED SUBMISSIONS

Although we are pleased to hear from NBA fans and welcome your comments regarding the Site and the NBA, unfortunately, the Site's policy does not permit it to accept or consider unsolicited creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, "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 or the NBA 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 Operator products or programs. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of the Operator.

The submission of any unsolicited Submission shall constitute a grant by you to the Operator of 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 and 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.  This means that anything submitted by you to the Site may be used by the Operator for any purpose, now or in the future, without any payment to, or further authorization by, you.  


3. CONTESTS AND SWEEPSTAKES

The Site may offer you opportunities to enter into contests and sweepstakes. By entering contests or sweepstakes, you signify your agreement to all special terms set forth on the Site applicable to contest or sweepstakes, as well as to the terms set forth in these Terms of Use.  

4. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

The Site may offer you opportunities to enter into contests and sweepstakes. By entering contests or sweepstakes, you signify your agreement to all special terms set forth on the Site applicable to contest or sweepstakes, as well as to the terms set forth in these Terms of Use.  

Neither Cartoon Network, NBAMV, nor any of their respective affiliates, owners, employees, directors, officers or shareholders (collectively, the "Operator Parties") make any representation that the materials contained in the Site, including Content, are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you are dissatisfied with any of the Content or other materials on the Site, or with these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site.  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 AND CONTENT IN 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 IN 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 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.  

The Site may contain links and pointers to other World Wide Web sites, 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.  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 Site 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.

To the extent that a third party site linked to the Site collects personal information or postings from you, be advised that in no event shall the Operator of this Site or any Operator Parties assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on such third party sites.  Finally, under no circumstances will the Operator Parties be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within such third party sites.

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 parental e-mail address if on record in the Operator's account information, or by written communication sent by first class mail to a user's address if on record in the Operator's account information. You may give notice to the Operator (such notice shall be deemed given when received) at any time by any of the following means:  

1. electronic mail to FanRelations@NBA.com;


2. letter faxed to All-Access Member Relations, at the following fax number: (212) 888-7931;

3. letter delivered by first class postage prepaid mail or courier to All-Access Member Relations, at the following address:

NBA Hoop Troop

645 5th Avenue
New York, NY 10022


6. INDEMNIFICATION

You hereby agree to indemnify and hold Cartoon Network, its parent and affiliates, the NBA Entities, the NBA, its member teams, the National Basketball Players' Association, and each of their respective 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; and (ii) any breach or alleged breach of these Terms of Use.  

7. TERMINATION OF SERVICE

The Terms of Use will remain in full force and effect as long as you use, access, interact with, view, transmit, receive or communicate with the Site or in any way utilize the services or features of the Site.  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 orpurpose, including, but not limited to, conduct that the Operator believes violates these 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 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.

8. SOFTWARE

Software and other materials from this 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 this Site 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. The Operator does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export 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  

10. CHOICE OF LAW

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 York, 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 New York, 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 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 these Terms of Use.  

11. MISCELLANEOUS

These Terms of Use 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 these 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 these Terms of Use are for convenience only and must not be construed as legal advice to you. If any provision of these 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 UPDATED: December 22, 2010  
Copyright 2010 NBA Media Ventures, LLC All rights reserved.

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