WNBA League Pass Terms of Use - WNBA (original) (raw)

SUBSCRIBER AGREEMENT FOR WNBA LEAGUE PASS

IMPORTANT! READ CAREFULLY

WNBA LEAGUE PASS (THE “Service”) IS AN INTERACTIVE ONLINE SERVICE OPERATED BY WNBA ENTERPRISES, LLC (“WNBAE”) (OR AN AFFILIATED ENTITY) AT THE OFFICIAL INTERNET WEBSITE OF THE WOMEN’S NATIONAL BASKETBALL ASSOCIATION (“WNBA”), LOCATED AT WWW.WNBA.COM AND ANY OFFICIAL APPS OF THE WNBA (COLLECTIVELY, THE “Site”). WNBA AND WNBAE ARE REFERRED TO HEREIN COLLECTIVELY 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 EACH SERVICE. THIS SUBSCRIBER AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND US. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THIS SUBSCRIBER AGREEMENT AND THE DOCUMENTS REFERRED TO HEREIN, INCLUDING, BUT NOT LIMITED TO, THE SITE TERMS OF USE AND THE WNBA.COM NETWORK PRIVACY POLICY. IF YOU DO NOT ACCEPT THIS SUBSCRIBER AGREEMENT, DO NOT PROCEED TO ACCESS ANY SERVICE AND YOU ARE NOT AUTHORIZED TO USE ANY SERVICE.

THIS SUBSCRIBER AGREEMENT INCORPORATES BY REFERENCE AN ARBITRATION AGREEMENT, A CLASS AND COLLECTIVE ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOU HAVE AN OPPORTUNITY TO OPT OUT OF THE ARBITRATION AGREEMENT AS SET FORTH IN THE TERMS OF USE. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

CHANGES TO SUBSCRIBER AGREEMENT

We reserve the right to make changes, modifications, amendments and/or updates to the terms in the 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 https://www.wnba.com/leaguepass/terms-of-use. 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, you are agreeing to be bound by the Subscriber Agreement, as amended, with respect to your use of the Service following the posting of such changes.

PRIVACY POLICY AND SITE TERMS OF USE

You agree to the Site Terms of Use (the “Terms”), posted at https://www.wnba.com/terms-of-use and the WNBA.com Network Privacy Policy (“Privacy Policy”), posted at https://nba.com/privacy-policy. We may change the Terms and/or the Privacy Policy from time to time. To the extent of any conflict between the terms or conditions of this Agreement and the terms or conditions of the Terms and/or Privacy Policy, the terms and conditions of this Agreement will govern. Without limiting the generality of the foregoing, you acknowledge that you have read and agree to the Terms and the Privacy Policy, and you understand that your subscription and your use of the Service is subject to the Privacy Policy and the Terms, including, without limitation, the Terms’ clauses titled “DISPUTE RESOLUTION; SMALL CLAIMS COURT; AGREEMENT TO ARBITRATE, ” “CLASS ACTION WAIVER; JURY TRIAL WAIVER ,” and “DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY .”

As a Service subscriber, you will periodically receive emails regarding your WNBA League Pass subscription. In addition, you may periodically receive information by e-mail regarding WNBA League Pass discounts, updates, and new offerings about WNBA League Pass and other products and services from the WNBA and its partners. If you wish to change your email preferences at any time, you may do so by following the instructions provided within the e-mails received, or by visiting the My Account page, where you can change your account information and preferences.

SUBSCRIPTION FEES AND PAYMENT; SUBSCRIPTIONS

Subscription Fees: You can find the current subscription fees and other charges for the Service (the “Fees”) posted on the Site pages for the applicable Service. Notwithstanding anything contrary in this Subscriber Agreement, the Fees shall be exclusive of U.S. state and local sales taxes and any other applicable transaction taxes (collectively, “Taxes”). You agree to pay all subscription Fees, other Fees, and any applicable Taxes incurred in connection with your access to the applicable Service and/or your Service 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 by publishing the changes on the Site pages for the applicable Service. You acknowledge and agree that you shall be responsible for reviewing the applicable Service’s schedule of Fees from time to time for changes, and you further agree that changes shall be effective as set forth in the applicable notice.

We may contract with other third parties in connection with the sale of Service subscriptions and/or operation of the Services. For any purchases made via the Site, you agree to pay WNBAE and/or a third party contracted by Us any taxes imposed on the sale of subscriptions or other products or services via the Service, for remission to appropriate taxing authorities. If you purchase a Service subscription using your account with a third-party app store (e.g., Apple App Store, Google Play), your purchase will be billed by that third-party app store and will be subject to the additional terms and conditions governing the making of purchases via such store.

Payment: For any subscription you purchase, you authorize subscription Fees to be billed automatically to the means of payment you designate (for example, the PayPal account or credit card you designate via the Site, or the credit card you designate for a third-party app store). You agree to provide a valid means of payment and accurate, complete, and updated information required by the subscription registration form. By submitting your means of payment (e.g., credit card or PayPal account) as the form of payment, you represent and warrant that your use of such means of payment is authorized and that all information that you submit is true and accurate (including, without limitation, credit card and/or account number and expiration date). In doing so, you also authorize charges to your means of payment for all amounts payable by you based on the subscription/billing plan you selected, including, but not limited to, all Fees and any applicable taxes. Failure to comply may result in the immediate suspension or termination of your access to the applicable Service. If you want to designate a different means of payment or need to update validity or expiration date information, please visit the “Payment Details” tab on your My Account page to learn about how to make changes. If you have purchased your WNBA League Pass subscription through the WNBA mobile app or a streaming device (e.g., Roku, Amazon Fire TV, Apple TV), you will need to manage your payment options using the options provided through that device.

Unable-to-be-processed payments: If We are unable to process your means of payment at any time, your Service account may be immediately suspended or terminated and you will remain responsible for all amounts payable by you to Us. Your agreement with your credit issuer governs use of your credit card and the PayPal user agreement governs your use of the PayPal service. You must refer to those agreements with respect to your rights and liabilities as, as applicable, a cardholder or PayPal account holder. 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.

Free Trial Period: We (from time to time in Our sole discretion) may choose to offer new users of the Service a free trial period (i.e., period during which the user may access the Service or some part of it without first being charged a subscription fee). The length of any such period and the additional terms and conditions associated with it shall be displayed proximately to where you are able to register for the free trial period. Any such additional terms and conditions shall, in addition to this Subscriber Agreement, apply to the free trial period.

YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME DURING THE FREE TRIAL PERIOD BY LOGGING IN TO YOUR ACCOUNT AT THE MY ACCOUNT PAGE AND SELECTING “CANCEL” UNDER THE “SUBSCRIPTIONS” TAB OR CONTACTING CUSTOMER SERVICE AT LEAGUEPASSSUPPORT@WNBA.COM. If you have subscribed to WNBA League Pass through the WNBA mobile app or a streaming device (e.g., Roku, Amazon Fire TV, Apple TV), you will need to cancel your subscription using the options provided through that device. FOR CERTAIN FREE TRIAL OFFERS, IF YOU DO NOT CANCEL PRIOR TO THE FREE TRIAL EXPIRING, THEN, UPON EXPIRATION OF THE FREE TRIAL PERIOD, YOU WILL BE ENROLLED IN THE SERVICE SUBSCRIPTION THAT YOU SELECTED WHEN YOU REGISTERED FOR THE FREE TRIAL PERIOD, AND YOU WILL BE CHARGED (E.G., THE PAYMENT MEANS YOU PROVIDED TO US WILL BE CHARGED) THE FEES APPLICABLE TO THE SERVICE SUBSCRIPTION THAT YOU SELECTED WHEN YOU REGISTERED FOR THE FREE TRIAL PERIOD. TO THE EXTENT THAT YOU ENROLL IN A SUBSCRIPTION THAT AUTOMATICALLY RENEWS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UPON EXPIRATION OF THE SUBSCRIPTION TERM (AND YOU WILL BE CHARGED THE APPLICABLE FEES EACH TIME YOUR SUBSCRIPTION RENEWS) AS DESCRIBED BELOW UNLESS AND UNTIL YOU CANCEL IT PRIOR TO RENEWAL. IF YOUR FREE TRIAL PERIOD IS ONE THAT WILL AUTOMATICALLY CONVERT INTO A SUBSCRIPTION THAT REQUIRES THE PAYMENT OF ASSOCIATED SUBSCRIPTION FEES, THIS WILL BE STATED AT THE POINT WHERE YOU REGISTER FOR THE TRIAL.

Subscriptions and periodic billing: We may offer different types of Service subscriptions.

Some subscriptions begin when you place your order and continue until terminated as provided in this Agreement, and these subscriptions require you to pay the associated subscription Fees periodically and in advance (for example, for some subscriptions, you must pay the associated subscription Fee for each WNBA season in full in advance, and for other subscriptions you must pay a recurring Fee throughout the duration of your subscription). For most subscriptions, the subscription will automatically renew at the end of the initial subscription period, and will continue to automatically renew at the end of each renewal period, and you will be charged the associated subscription fees, unless you cancel your subscription before the cancellation deadline stated under the “Subscriptions” tab on your My Account page. If you have purchased your WNBA League Pass subscription through the WNBA mobile app or a streaming device (e.g., Roku, Amazon Fire TV, Apple TV), you will need to manage your subscription using the options provided through that device. Please carefully review the renewal terms posted at the point of purchase.

Single game or partial game subscriptions (if offered and subject to any additional terms and conditions posted where the subscription is offered) begin when you place your order and expire after the period identified on the Site page where the subscription is ordered. You must pay any associated subscription Fee in advance on the date of order for these subscriptions.

As indicated above, subject to this Agreement and your payment of the associated subscription Fees, certain subscriptions will continue until terminated as provided in this Agreement. This means, for example (and subject to this Agreement and your payment of the associated subscription Fees), that if you purchase any such subscription in a particular WNBA season, your subscription will automatically renew and continue into subsequent WNBA seasons (and you will be billed for and required to pay the associated subscription Fee for those seasons) unless you cancel your subscription before the cancellation deadline stated under the “Subscriptions” tab on your My Account page or otherwise communicated through your mobile app or streaming device (e.g., mobile device, Roku, Apple TV, Amazon Fire TV) subscription information (or unless We elect, in Our sole discretion, to discontinue the Service or exercise our other rights to terminate this Agreement and the applicable Service).

YOUR RIGHT TO CANCEL YOUR SUBSCRIPTION

You may elect to cancel your subscription by logging in to your account at the My Account page and selecting “Cancel” under the “Subscriptions” tab or by contacting Customer Service at leaguepasssupport@wnba.com to submit a request. Your cancellation will be deemed to have been received one (1) business day after you notify Us that you want to cancel your subscription using one of the methods above. If you have purchased your WNBA League Pass subscription through the WNBA mobile app or a streaming device (e.g., Roku, Amazon Fire TV, Apple TV), you will need to cancel your subscription using the options provided through that device.

Your cancellation will take effect at the end of the then-current subscription period. You will not receive a refund for the then-current subscription period’s Fees. For example, if you have purchased a full season WNBA League Pass subscription and paid the entire Fees in advance, and you cancel your subscription during the current WNBA season, your subscription will expire at the end of the current WNBA season, but subscription Fees for the current WNBA season will not be refunded. As another example, if you have purchased a monthly WNBA League Pass subscription, if offered, and you subsequently elect to cancel your subscription, your subscription will expire at the end of the current monthly billing period, but subscription Fees for the current monthly billing period will not be refunded.

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.

You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third-party service, including any mobile data charges or other fees charged to you by your wireless carrier if you access the Service via a mobile device. AS BETWEEN YOU AND US, YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR MEANS OF PAYMENT (E.G., CREDIT CARD OR PAYPAL ACCOUNT) BY A THIRD PARTY, EVEN IF NOT AUTHORIZED BY YOU.

BLACKOUT RESTRICTIONS

Your subscription to the Service is subject to territorial restrictions. The Service may only be used and/or accessed from the territories We determine (which currently exclude Belarus, the People’s Republic of China (excluding Hong Kong, Macau and Taiwan), Cuba, Iran, North Korea, Russia, Sudan, Syria, and Ukraine). Blackout restrictions may apply to a Service depending on the date of the applicable game, your location, and local, national and international broadcast exclusivities. You may therefore be unable to view certain games via a Service from some locations, including locations within the United States. Please go to our WNBA League Pass FAQ Page to learn more about these restrictions. You agree that you will not use any Service if you are located outside of the allowable territories or in an area where blackout restrictions apply. IF YOU CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT, ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION, A CHARGE OF ONE HUNDRED DOLLARS ($100.00) FOR EARLY TERMINATION, AND YOU MAY BE SUBJECT TO LEGAL ACTION.

SYSTEM REQUIREMENTS

Your system may need to meet certain minimum requirements in order for you to be able to utilize the Service (“Minimum System Requirements”). You are solely responsible for ensuring that your system meets the Minimum System Requirements and for any costs associated with these requirements. For more information about Minimum System Requirements please see Our WNBA League Pass FAQ Page.

CONTENT OWNERSHIP; USAGE RESTRICTIONS; THIRD PARTY SOFTWARE

The content available through the Service is the property of WNBAE or its affiliates and/or third parties, and is protected by copyright and other intellectual property laws of the United States and other jurisdictions. Such content may only be used or viewed by you for your personal, non-commercial use and provided that you: (i) keep intact all copyright and other proprietary notices; (ii) do not use the content in a manner that would achieve commercial gain (unless otherwise authorized in writing by WNBAE), or that would damage the goodwill associated with or compete with WNBAE or its affiliates; (iii) do not use the content in a manner that suggests an association with any of Our services, brands, or products (unless otherwise authorized in writing by WNBAE); and (iv) make no modifications to the content. Additionally, you agree to use each 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 any Service to anyone, including, but not limited to, others in the same company or organization, without the express prior written consent of WNBAE.

You may not attempt to circumvent technological measures employed to control access to, or the rights in, any 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:

You are only subscribing for your individual, private, non-commercial household use and enjoyment and that no part of any Service will be viewed in areas open to the public or be received by any location which is a commercial establishment (unless otherwise authorized in writing by WNBAE);
No trademarks of any provider of Service content (including, but not limited to, WNBAE) may be used by you and none of any Service’s content will be rebroadcast, retransmitted, or otherwise used by you;
Running accounts of Service content/programming in progress will not be transmitted or distributed by you;
No admission will be charged by you for viewing any of the programming available through a Service;
We and/or certain of Our content providers may enforce violations of clauses 1-4 immediately above;
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
Any such prosecution by Us or Our content providers shall be governed by, among other things, applicable law and rules and regulations.

IF YOU ARE USING A THIRD PARTY’S MEDIA PLAYER SOFTWARE TO VIEW A SERVICE, THE USE OF SUCH SOFTWARE WILL BE GOVERNED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE OR OTHERWISE PUBLISHED BY THE APPLICABLE THIRD PARTY. Any personal information you provide to such third party in connection with your use of the third party’s software is governed by that third party’s privacy policy and software license.

TRADEMARKS

WNBA, WNBA.COM, WNBA LEAGUE PASS, and each of their associated logos are trademarks of WNBAE and/or its affiliates or licensors. All rights reserved. All other trademarks appearing on any Service are the property of their respective owners.

PASSWORDS AND ACCESS TO SERVICE

To obtain access to a Service, you may be required to register with the Site, which may include providing your name, address, email address, age, and gender (and/or other information requested by Us) to create a Site account. You will also be required to choose a username and password or access code (collectively, the “Password”). You agree to: (i) provide current, complete, true, and accurate information; (ii) maintain and update your information as required to keep it current, complete, and accurate; and (iii) provide additional information about yourself as may be requested by Us from time to time. Please note that We may use such information in accordance with the Privacy Policy. We reserve the right to require you to periodically change your Password. You agree:

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;
Not to share, transfer, lease, assign, or sublicense any Password without Our prior written consent;
Not to circumvent the password restrictions on the Site, nor allow others to do so on your behalf;
Not to use anyone else’s Password;
To notify Us immediately upon discovery or suspicion of compromise of the confidentiality of any Password; and
That We may impose restrictions on the number of concurrent logins via your account (e.g., may prohibit more than one Service login using your account at any given time).

You acknowledge and agree that your subscription to a Service is personal to you and that you will not share your Password or grant any other person access to the applicable Service, using your Password or otherwise, without Our prior written consent. 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 We 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 Us. You may not use any 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 any Services 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 a Service if you are a subscriber to the applicable Service in good standing with a valid, authorized payment method (e.g., credit card or PayPal account) on file with Us.

COMPLIANCE WITH APPLICABLE LAWS/REGULATIONS

You agree to comply with all applicable laws, rules, and regulations in connection with your access to and use of the Service. By using the Service, you represent and warrant that you will not use the Service for any purpose that is either unlawful or prohibited by this Agreement. You further represent and warrant that you are not (i) identified in the U.S. Treasury Department’s Office of Foreign Assets Control’s (“OFAC”) list of Specially Designated Nationals (ii) accessing the Service from a jurisdiction subject to an OFAC embargo or sanctions program, or (iii) using the Service in any way that would cause us or you to be in violation of a U.S. sanctions program, embargo, trade restriction, or anti-terrorism law. We reserve the right to disclose any information about you or your use of the Service in connection with any investigation by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process, or governmental request in accordance with the Privacy Policy for the Service.

TERMINATION OF SERVICE BY US

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 any Service and this Agreement immediately. We further reserve the right to discontinue, suspend, terminate, or change any and/or all Services, and/or their availability to you, at any time. If We terminate this Agreement or discontinue any of your Service subscriptions for cause (for example, due to 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.

MISCELLANEOUS

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. Use of a 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 WNBAE, (ii) in connection with any change of control (e.g., by merger, exchange of stock or other equity interests, etc.) involving WNBAE or one of its respective affiliates or in connection with any sale of substantially all of the assets related to the Site, or (iii) to any successor in interest or other assignee of WNBAE. This Agreement shall be binding on and inure to the benefit of the successors and permitted assigns of WNBAE. 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 WNBAE. 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.