Dallas Mavericks Offering Subscriber Agreement
MavsTV is a video programming and streaming service (“Dallas Mavericks Offering Service” or “Service”) that can be accessed through the Dallas Mavericks’ official website (the “Site”), or the Dallas Mavericks’ official mobile and connected TV applications (the “Apps”). By purchasing, accessing, or using the Dallas Mavericks Offering Service offered by or through Dallas Mavericks (“Dallas Mavericks”, “we”, “us” or “our”), you accept and agree to be bound by this Dallas Mavericks Offering Subscriber Agreement. If you do not agree to this Dallas Mavericks Offering Subscriber Agreement, you may not use the Dallas Mavericks Offering.
Please read this agreement carefully. This Dallas Mavericks Offering Subscriber Agreement forms a legal agreement between us and you (“you,” with you and other users of the Dallas Mavericks Offering Service referred to as “Users”) and applies to your use of the Dallas Mavericks Offering Service. Your agreement to this Dallas Mavericks Offering Subscriber Agreement also constitutes your acknowledgement of Dallas Mavericks’ Privacy Policy. Additionally, your agreement to this Dallas Mavericks Offering Subscriber Agreement constitutes your acknowledgement of The National Basketball Association (“NBA”) Privacy Policy.
This Dallas Mavericks Offering Subscriber Agreement incorporates The NBA Terms of Use and your agreement to this Dallas Mavericks Offering Subscriber Agreement also constitutes your agreement to the NBA Terms of Use, in which you agree, without limitation, to arbitrate all disputes between you and the NBA or its affiliates which includes Dallas Mavericks. This Dallas Mavericks Offering Subscriber Agreement includes a mandatory arbitration clause and a class action waiver that affects your rights for resolving disputes with Dallas Mavericks and/or the NBA and its affiliates unless you opt-out within the specified time frame as provided for below.
We may change this Dallas Mavericks Offering Subscriber Agreement and our Privacy Policy from time to time, and the NBA may change its Terms of Use and Privacy Policy from time to time. If you do not agree with any of the changes, you may cancel your subscription in accordance with the terms and instructions for cancellation below. In the event this Dallas Mavericks Offering Subscriber Agreement conflicts with any provision in the NBA Terms of Use, the Dallas Mavericks Offering Subscriber Agreement will control.
You understand that by signing up for Dallas Mavericks Offering Service, you will receive updates, special offers, and other information from the NBA and Dallas Mavericks via email or in-app. You can change your communication preferences at any time from within your NBA account.
Dallas Mavericks has authorized NBA Digital Services US, LLC as the merchant selling the Dallas Mavericks Offering Service through the Site or App. With respect to any User purchasing the Dallas Mavericks Offering Service through the Site or App, NBA Digital Services US, LLC is an additional party to this Dallas Mavericks Offering Subscriber Agreement, and all references to “Dallas Mavericks,” “we”, or “us” should be construed to include NBA Digital Services US, LLC.
You are responsible for all activities that occur under your account (e.g., use of Dallas Mavericks Offering Service by your child/ward). The streaming videos provided by Dallas Mavericks Offering Service are available only in the United States, and its territories and possessions. To create an NBA account and/or to purchase the Dallas Mavericks Offering Service, you must be (i) over the age of 18, or (ii) or over the age of 13 years with the express consent of a parent or guardian.
Your subscription to the Dallas Mavericks Offering Service (and any other services or events ordered or accessed via Dallas Mavericks Offering Service) is for your personal and non-commercial use. When you subscribe to Dallas Mavericks Offering Service, we grant you a limited, personal, revocable, non-exclusive, non-commercial, non-transferable license to privately stream the content made available to you via the Dallas Mavericks Offering Service on your personal device(s). We do not allow transmission of the Dallas Mavericks Offering Service (or any other services or events ordered via Dallas Mavericks Offering Service) for commercial or business-related use inside of the United States of America.
You may not use the Dallas Mavericks Offering Service for any other purpose nor may you transfer or otherwise permit any other person or entity to access the Dallas Mavericks Offering Service using your credentials, which you acknowledge and agree are personal to you and are non-transferable. You may not publish, reproduce, rebroadcast, transmit, distribute, display, perform, edit, adapt, modify or otherwise exploit the Dallas Mavericks Offering Service or any programming, events or other content available or distributed thereon under any circumstances, including but not limited to charging admission for its viewing.
You may not share content except via the sharing functionality made available in the Dallas Mavericks Offering Service. You may not download any content made available via the Dallas Mavericks Offering Service or circumvent or disable any content protection system or digital rights management technology used with the Dallas Mavericks Offering Service; decompile, reverse engineer, disassemble or otherwise reduce the Service or any software or technology provided to you in connection with the Services, to a human-readable form; remove identification, copyright or other proprietary notices; or access or use the Service in an unlawful or unauthorized manner.
You will be charged for pay per view events when purchased. You agree that we may charge your payment method on file for any such pay per view events, or third-party products or services. You also agree that with your consent given in the purchase flow, we may share your payment method on file with the NBA, for your future purchases.
YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.
The Dallas Mavericks Offering Service is only available on personal device(s) that you register as part of your subscription. The number of personal devices available for registration under your account may change from time to time at our discretion.
You are required to review the minimum technical requirements necessary for use of the Dallas Mavericks Offering Service prior to purchase. Minimum technical requirements may include, but are not limited to, minimum device system or browser requirements, internet speed requirements or resolution requirements. You acknowledge your user experience may vary based on the device you use to access the Dallas Mavericks Offering Service and that the features and functionality available to you may differ based on the device used to access the Dallas Mavericks Offering Service.
(i) Automatic, such as in connection with general changes and additional features or updates to data required by us;
(ii) At your election, in which case you will receive information and instructions for how to authorize optional Service Updates; or
(ii) Mandatory, in which case you will be required to consent to and install the Service Update or install or upgrade a third-party plug-in to maintain access to the Dallas Mavericks Offering Service.
Please note that the Dallas Mavericks Offering service may be unavailable during a Service Update.
If you do not enable location access on your device(s), you will not be able to access the Dallas Mavericks Offering Service. The blackout policies for services available via the Dallas Mavericks Offering Service are available in the FAQs.
(i) You will be assigned a home territory (“Home Territory”) in conjunction with your Dallas Mavericks Offering Service subscription, which will govern the content available to you. If you purchase the Service through the Site, your Home Territory will be based on the billing zip code of the credit card used to purchase the Service. If you purchase the Service through the Apps, your Home Territory will be based on the zip code of your physical location at the time of purchase. We do not guarantee access to any content, and the content available to you may change at any time.
(ii) Couch Rights. Your subscription includes a thirty (30) day period in which you can view content outside of your Home Territory (“Couch Rights”). The thirty (30) day period will commence the first time you view content outside of your Home Territory. Outside of your Home Territory refers to fifty (50) miles or greater from the center of the zip code of your Home Territory. If you view content within fifty (50) miles from the center of your Home Territory, you will not activate Couch Rights. Once activated, Couch Rights will apply to any device you use to access content outside your Home Territory.
Subscriptions to third-party products and services that you purchase or access through your Dallas Mavericks Offering Service subscription will also be subject to specific blackout policies of the applicable broadcasters or sports leagues or the specific blackout policies of such third-party service providers. Such policies may be made available or communicated to you in connection with your purchases of league-specific content.
This Agreement is between you and us only, not with Apple, and Apple is not responsible for the Dallas Mavericks Offering Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Dallas Mavericks Offering Service. In the event of any failure of the Dallas Mavericks Offering Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the Apps to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Dallas Mavericks Offering Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including: (1) product liability claims; (2) any claim that the Dallas Mavericks Offering Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Dallas Mavericks Offering Service infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Dallas Mavericks Offering Service. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
YOUR USE OF THE DALLAS MAVERICKS OFFERING SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE DALLAS MAVERICKS OFFERING SERVICE IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL LOCAL LAWS AND REGULATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DALLAS MAVERICKS OFFERING SERVICE IS PROVIDED “AS IS”. Dallas Mavericks, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Dallas Mavericks Offering Service and the use thereof, including implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
Dallas Mavericks makes no warranties or representations about the accuracy or completeness of the content of the Dallas Mavericks Offering Service or of the content of any sites linked to the Dallas Mavericks Offering Service and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatever, resulting from your access to and use of the Dallas Mavericks Offering Service; (iii) any unauthorized access to or use of Dallas Mavericks’s secure servers or any and all personal information or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Dallas Mavericks Offering Service; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Dallas Mavericks Offering Service by any third party; (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Dallas Mavericks Offering Service; or (vii) any errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Dallas Mavericks Offering Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATEVER WILL WE OR OUR AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR USE OF THE DALLAS MAVERICKS OFFERING SERVICE OR ANY OTHER ACT OR OMISSION BY US.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL DALLAS MAVERICKS, THE NBA, OR THEIR RESPECTIVE AFFILIATES, PARENTS, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID Dallas Mavericks IN THE ONE YEAR IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID Dallas Mavericks ANY AMOUNTS IN THE ONE YEAR IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DALLAS MAVERICKS IS TO STOP USING THE DALLAS MAVERICKS OFFERING SERVICE AND TO CANCEL YOUR SUBSCRIPTION.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SUBSCRIBER AGREEMENT ARE MATERIAL AND BARGAINED-FOR BASES OF THIS SUBSCRIBER AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THIS SUBSCRIBER AGREEMENT.
Depending on where you reside and use the Dallas Mavericks Offering Service, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.
You agree to indemnify and hold Dallas Mavericks and the NBA, and each of their affiliates, subsidiaries, parents, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors, and suppliers, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with:
(i) Your use or misuse of and access to the Dallas Mavericks Offering Service;
(ii) Your violation of any term of this Dallas Mavericks Offering Subscriber Agreement or the NBA Terms of Use;
(iii) Your breach of the representations, warranties and covenants made herein;
(iv) Your violation of any third-party right, including any copyright, property, or privacy right; and/or
(v) Any claim that an action by you in connection with the Dallas Mavericks Offering Service has caused damage to a third party.
This Subscriber Agreement, your use of the Dallas Mavericks Offering service and our entire relationship shall be governed by and construed under the laws of the State of New York (without reference to conflicts of laws provisions), without application of the UN Convention on Contracts for the International Sale of Goods.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY REQUIRE YOU AND DALLAS MAVERICKS TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND Dallas Mavericks CAN SEEK RELIEF FROM EACH OTHER.
By agreeing to this Subscriber Agreement, and to the extent permitted by applicable law, you and Dallas Mavericks agree that any and all past, present and future disputes, legal or equitable claims or causes of action between you and Dallas Mavericks arising out of or relating to this Subscriber Agreement, the Dallas Mavericks Offering Service, the formation of this Dallas Mavericks Offering Subscriber Agreement or any other dispute between you and Dallas Mavericks or any of Dallas Mavericks’s licensors, distributors, suppliers or agents (including any application store or platform from which the Dallas Mavericks Offering Services are accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, “Dispute(s)“) will be governed by the procedure outlined below. You and Dallas Mavericks further agree that any arbitration pursuant to this Section shall not proceed as a class, group, or representative action. This Section (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act.
(a) Informal Dispute Resolution. Dallas Mavericks wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Dallas Mavericks, you agree to try to resolve the Dispute informally by contacting support@nba.com. Similarly, if you have provided an email address to us as part of your Dallas Mavericks Offering Service registration, Dallas Mavericks agrees to try to informally resolve any disputes by contacting you via the email address on your account. If a dispute is not resolved within 30 days after the email noting the Dispute is sent, you or Dallas Mavericks may initiate an arbitration proceeding as described below.
(b) We Both Agree To Arbitrate. By agreeing to this Subscriber Agreement, and to the extent permitted by applicable law, you, and Dallas Mavericks each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope, or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein.
(c) Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting support@nba.com within 30 days of first accepting the Dallas Mavericks Offering Subscriber Agreement and stating that you (include your first and last name and email address associated with your Dallas Mavericks Offering Service registration) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Dallas Mavericks Offering Service, but you and Dallas Mavericks will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
(d) Exceptions to Agreement to Arbitrate. Notwithstanding your and Dallas Mavericks’s agreement to arbitrate Disputes, either you or Dallas Mavericks may bring a lawsuit in an appropriate court of law asserting causes of action which seek only temporary injunctive relief until an arbitrator can be empaneled and determine whether to continue, modify or terminate such relief, to compel arbitration pursuant to this Section or to enforce any arbitral award issued hereunder.
(e) Arbitration Procedures and Fees. You and Dallas Mavericks agree that the American Arbitration Association (“AAA“) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought (“AAA Rules“). Those rules are available at www.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Dallas Mavericks further agree that, unless and only to the extent prohibited under AAA Rules, the arbitration will be conducted telephonically or via other remote electronic means. The AAA Rules will govern payment of all arbitration fees. The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. Notwithstanding any language to the contrary in this Section 18(e), if a party seeks injunctive relief that would significantly impact other users of the Dallas Mavericks Offering Service as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding, and any award shall be confidential.
(f) Arbitration Shall Proceed Individually. You and Dallas Mavericks agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Dallas Mavericks may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration“). Without limiting the generality of the foregoing, a claim to resolve any Dispute against Dallas Mavericks will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
(g) Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR Dallas Mavericks SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS (F) OR (G) OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY’S ELECTION.
(h) Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that you have opted out from the agreement to arbitrate, an exception to the agreement to arbitrate applies, or the agreement to arbitrate is otherwise found not to apply to you or your claim, you and Dallas Mavericks agree that any judicial proceeding may only be brought in a state or federal court in New York, New York. Both you and Dallas Mavericks consent to venue and personal jurisdiction there.
(a) Parties’ Intent. If any provision hereof is adjudged by any arbitrator or court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Subscriber Agreement shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
(b) Rules of Construction. This Subscriber Agreement shall be construed as follows: (i) “includes”, “including” and cognates thereof shall be understood to mean “includes without limitation” or “including without limitation”; (ii) unless the context demands otherwise, the word “or” shall have the inclusive meaning identified with the phrase “and/or”; (iii) Section and other headings contained in this Subscriber Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Subscriber Agreement; and (iv) any reference made in this Subscriber Agreement to a statute or statutory provision shall include any amendments or successors thereto as in effect at the time the particular provision of the Subscriber Agreement is to be given effect, along with any then-applicable rules or regulations promulgated thereunder.
(c) Waiver. Any failure to enforce any rights granted hereunder or to take action in the event of any breach of this Subscriber Agreement shall not be deemed a waiver by the non-breaching party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing, and any waiver or failure to enforce any provision of this Subscriber Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
(d) Entire Agreement; Assignment; Novation. This Subscriber Agreement is the entire agreement between you and Dallas Mavericks regarding the subject matter herein. You agree that Dallas Mavericks may assign or novate this Subscriber Agreement, in whole or in part, in its sole discretion and that you are not entitled to assign or otherwise transfer this Subscriber Agreement, or any of your rights or obligations thereunder, to any third party without the prior written consent of Dallas Mavericks. Any unauthorized assignment will be void and of no force or effect.
(e) Survival. You agree that the provisions of the following Sections shall survive termination of this Subscriber Agreement or termination of your account, for any reason whatever: Disclaimers of Warranties; Limitation of Liability; Indemnity; Governing Law; Dispute Resolution and Agreement to Arbitrate on an Individual Basis; and General.
(f) Confidentiality of User Credentials. In order to subscribe to the Dallas Mavericks Offering Service, you are required to create an NBA account. You are responsible for maintaining the confidentiality of the username and password used to access your account. Sharing your username and password with any third person or party is prohibited. You are responsible for all actions originating from your account.
(g) Governing Language. The original and controlling version of this Subscriber Agreement shall be the English language version. All translations of this Subscriber Agreement into other languages shall be solely for convenience and shall not control the meaning or application of this Subscriber Agreement.
Dallas Mavericks has authorized NBA Digital Services US, LLC, as the merchant selling the Dallas Mavericks Offering Service through the Site and App. NBA Digital Services US, LLC does not control, edit, or otherwise manage any content made available through the Dallas Mavericks Offering Service, which is owned or licensed by Dallas Mavericks (for purposes of this Section 21, the “Content Provider”).
NBA Digital Services US, LLC is a service provider to the Content Provider and does not use personal information for its own purposes. NBA Digital Services US, LLC will use and disclose your personal information only for the purposes of fulfilling your subscription order and processing your payments and delivering notices and/or invoices regarding your account. Your payment card information is processed by a third-party processor, and NBA Digital Services US, LLC does not receive any of your payment card information.
If you access the Dallas Mavericks Offering Service through the Apps, please refer to the terms supplied by your in-app purchase provider (e.g., AppStore, Google Play).
If your subscription to Dallas Mavericks Offering Service includes merchandise or other physical products, fulfillment of that order will be made by an authorized third party. We share your information and data with that third party on a limited basis and in compliance with our Privacy Policy.
Payment methods. With respect to any purchase of the Dallas Mavericks Offering service through the Site, we accept payment through the following payment methods: Visa, MasterCard, Amex, Discover, JCB, Diners Club, UnionPay (each, a “Payment Method”). You can update your Payment Method by going to your profile and choosing “Subscription” within your account. A change in your payment method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the payment method associated with your subscription. You are responsible for all charges incurred in connection with your subscription. In the event your Payment Method is unable to cover the subscription fee, we may suspend your access to the Dallas Mavericks Offering service until you update your Payment Method and pay your subscription fee. We may retry billing your payment method after failed attempts (e.g., if your Payment Method is rejected).
Dallas Mavericks encourages you to report material or content that you believe warrants removal from the Dallas Mavericks Offering Service. In particular, if you believe that any material on the Service infringes your work or the work of any third party in a manner that constitutes copyright infringement, then you may notify Dallas Mavericks in accordance with this Section 23. To notify Dallas Mavericks of copyright infringement on the Service, please send Dallas Mavericks a written notice by e-mail to support@nba.com that includes all of the following information:
Dallas Mavericks will treat notices that meet these requirements in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”). If Dallas Mavericks has taken down any material or content that you believe should not have been removed, you can send Dallas Mavericks a written counter-notice by e-mail. Please be sure your counter-notice meets the DMCA requirements and Dallas Mavericks will follow the process set out in the DMCA. You may find out more about the DMCA at http://copyright.gov.
For information, support, questions or complaints, please contact us at support@nba.com or through the customer contact form available at: https://help.nba.com.
DTC GIFT WITH SEASONAL SUBSCRIPTION
(THE “GIVEAWAY”)
OFFICIAL RULES
VOID WHERE PROHIBITED BY LAW AND NBA RULES. LIMITED TIME OFFER. SUBEJCT TO AVAILABILITY. WHILE SUPPLIES LAST.
SPONSOR(S): Dallas Basketball Limited, 1333 N. Stemmons Fwy. Dallas, TX 75207 (“Dallas Mavericks” or “Sponsor”). Instagram, Facebook, Twitter and other similar social media forums are not affiliated with Dallas Mavericks or the Giveaway. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites.
GIVEAWAY WITH PURCHASE: Fans who subscribe to the seasonal MavsTV DTC product at a price of $124.99 may be eligible to receive a complimentary gift of either: a) a pair of upper level to an upcoming Mavericks home game (selection of game date and opponent is pending the sole discretion of Sponsor), or b) a Mavericks merchandise store digital gift card in a value not to exceed $75. Gift card will have an expiration date of 12/31/24.
GIVEAWAY PERIOD
The Giveaway period (“Entry Period”) begins Monday, October 21, 2024 at 8:00 AM CT and ends at a time of the Sponsor’s sole discretion.
Sponsor reserves the right to cancel Giveaways, in its sole discretion, with no restrictions.
WHO’S ELIGIBLE:
(i) An authorized subscriber as defined by the subscriber agreement, who has purchased a seasonal subscription to MavsTV DTC streaming product at a price of $124.99, and who have retained their purchase beyond the 7 day free cancellation window
(ii) agree and adhere to these Official Rules
Subject to NBA rules
By entering the Giveaway, participants agree to accept and be bound by all terms of these Official Rules and Regulations and the decisions of Dallas Mavericks are final and binding in all matters. Void outside of the Eligibility Area and where prohibited or restricted by law. The Giveaway is subject to all applicable federal, state, territory, provincial and local laws, rules and regulations.
Once the annual subscriber’s 7 day free trial window has expired, if their subscription is still active and payment has been fully processed, then the subscriber will receive an email with detailed instructions on how to go about claiming and receiving their complimentary gift. For the sake of clarity, a subscriber’s choice of gift might not be available, in which case Sponsor may in its sole discretion substitute another gift of equal value.
All information submitted online by entrants is subject to, and will be treated in a manner consistent with, NBA.com’s Terms of Use accessible at: http://www.nba.com/news/termsofuse/ and Privacy Policy accessible at: http://www.nba.com/news/privacy_policy.html.
GIFT CONDITIONS: The subscriber must (a) have the ability, using lawful means, to claim the Prize within two (2) hours of receiving notification from a Dallas Mavericks’ representative who will notify the Winner as described in the “Notification” section below, and (b) fulfill the documentation requirements described in the “Notification” section below. All Prize details shall be determined in the sole and absolute discretion of the Dallas Mavericks. All costs and expenses associated with the Prize acceptance and use not specified herein as being provided are the sole responsibility of each individual Winner. Each Winner is fully responsible for all applicable federal, state, territory, provincial and local taxes (including income and withholding taxes). The Prizes are non-transferable and non-assignable, with no cash redemptions except at the Dallas Mavericks’ sole and absolute discretion.
The Dallas Mavericks reserves the right to substitute any Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. TRANSPORTATION TO/FROM THE GAME, EVENT AND/OR LODGING NOT INCLUDED.
Failure to submit any identification required by the Dallas Mavericks or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of any Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize forfeiture and, at the Dallas Mavericks’ sole discretion and time permitting, may cause an alternate potential winner to be randomly selected from among all remaining eligible entries received for the Entry Period.
PRIVACY POLICY:
Any personally identifiable information collected during a recipient’s participation in the Giveaway will be collected by the Dallas Mavericks, Sponsors, or their designees and used by and/or shared with the Dallas Mavericks, Sponsors, and/or their affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Giveaway as described in these Official Rules and for other uses (including marketing and advertising) and in accordance with the policy stated at http://www.nba.com/news/privacy_policy.html (the “Policy”). By entering this Giveaway, you consent to the foregoing.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Giveaway and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Dallas Mavericks, the other NBA Entities and each of their respective parent companies, affiliates, owners, partners, members, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Giveaway, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties“) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Giveaway or from the receipt or use of any Prize (or any portion thereof) or any travel or activity related to the receipt or use of any Prize (or any portion thereof). By entering this Giveaway, each entrant gives his/her express permission to be contacted by the Dallas Mavericks by telephone, e-mail and/or postal mail for Giveaway purposes. Each Winner, by acceptance of any Prize, grants to the Dallas Mavericks, the NBA and each of their respective designees the right to publicize such Winner’s name, address (city and state/territory/province of residence), photograph, video, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
THE GIVEAWAY, AND THE PRIZES ARE PROVIDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED) REGARDING THE GIVEAWAY, OR THE PRIZES. SPONSOR DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE GIVEAWAY, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
DISPUTES/GOVERNING LAW: BY ENTERING THIS GIVEAWAY, ENTRANT AGREES THAT (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE GIVEAWAY, BUT IN NO EVENT ATTORNEYS’ FEES; AND (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF- POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. THESE OFFICIAL RULES AND THE GIVEAWAY ARE GOVERNED BY AND CONTROLLED BY THE LAWS IN AND OF THE STATE OF TEXAS, APPLICABLE TO CONTRACTS MADE AND PERFORMED THEREIN WITHOUT REFERENCE TO THE APPLICABLE CHOICE OF LAW PROVISIONS. ALL ACTIONS, PROCEEDINGS OR LITIGATION RELATING HERETO WILL BE INSTITUTED AND PROSECUTED SOLELY WITHIN DALLAS, TEXAS. THE ENTRANT HEREBY CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS OF TEXAS WITH RESPECT TO ANY ACTION, DISPUTE OR OTHER MATTER PERTAINING TO OR ARISING OUT OF THE GIVEAWAY INCLUDING, WITHOUT LIMITATION, ANY PRIZE AWARDED IN CONNECTION WITH THE GIVEAWAY, AND WAIVES EVERY DEFENSE THAT SUCH JURISDICTION IS INCONVENIENT OR IMPROPER. IF ANY PROVISION, OR any PORTION THEREOF, OF THESE OFFICIAL RULES ARE DECLARED OR FOUND BY A COURT OF COMPETENT JURISDICTION TO BE ILLEGAL, UNENFORCEABLE OR VOID, THEN SUCH PROVISION, OR PORTION THEREOF, WILL BE NULL AND VOID BUT EACH OTHER PROVISION HEREOF NOT SO AFFECTED WILL BE ENFORCED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any Giveaway-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the Prizes or in any Giveaway-related materials, or the cancellation or postponement of any National Basketball Association game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway. Released Parties are not responsible for injury or damage to entrants’ or to any other person’s computer and/or wireless device related to or resulting from participating in this Giveaway or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Giveaway or website or attempt to undermine the legitimate operation of the Giveaway by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of the Dallas Mavericks or who are in violation of these Official Rules, as solely determined by the Dallas Mavericks, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Giveaway is unlawful and subject to legal action by the Dallas Mavericks, National Basketball Association and/or their respective agents. The Dallas Mavericks shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Giveaway, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof) or the website, and (ii) disclaim any implied warranty. The Dallas Mavericks’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The Dallas Mavericks reserve the right, in their sole discretion, to cancel or suspend the Giveaway (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Giveaway (or any portion thereof). In the event of cancellation, the Dallas Mavericks may elect to identify the Winner and award the Prizes by way of random drawing from among all non-suspect, eligible entries received for the applicable Entry Period up to the time of such cancellation. The Dallas Mavericks also reserve the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Giveaway.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE DALLAS MAVERICKSWILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, AND THE DALLAS MAVERICKS AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on an e-mail address, the winning entry will be declared made by the Authorized Account Holder of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.
The NBA Entities will have no liability or responsibility for any claim arising in connection with participation in this Giveaway or any prize awarded. The NBA Entities have not offered or administered this Giveaway in any way.
Modification of Terms: (a) The Dallas Mavericks may unilaterally amend these Official Rules or any exhibit, schedule, or appendix of the Official Rules, by providing notice. The amendment will take effect at the specified time after the effective date of the notice.
Promotional Codes | Standard Criteria for Terms & Conditions
Promotion (“Promo”) Code Terms and Conditions
This Promo code offers a discount for the MavsTV season-long package, available only to new customers and to be redeemed in the U.S. / territories where MavsTV is offered, subject to NBA rules and restrictions. This Promo code has a redemption window of October 21 to December 31st, meaning it must be redeemed before December 31st. This promotion cannot be used with other promotion codes. In addition, this promotion code is for personal use only and may not be resold or used for commercial purposes. Although this promotion has an approximate retail value of $124.99, it has no cash value and cannot be redeemed for cash or credit. The NBA / Dallas Mavericks may revoke or modify the promotion at any time and the Dallas Mavericks reserve the right to cancel or suspend any promo code if the user is found to be in violation of these terms, is deemed to be fraudulent or abusive, or otherwise violates the Dallas Mavericks core values. The NBA/ Dallas Mavericks is not responsible for any lost or stolen promo codes or any losses resulting from this promotion, without exception. By using this promo code, the user agrees to abide by these Terms & Conditions as well as our Terms of Use. The promotion may be subject to additional terms and restrictions as determined by the NBA/ Dallas Mavericks.