The www.jrnbaasia.com/th_EN online and mobile sites, applications or services (each a "Site" and collectively the "Sites") are operated by Make Technology, Inc. (the “Operator”) pursuant to an agreement with NBA Properties, Inc. ("NBAP", together with the National Basketball Association (“NBA”), NBA Media Ventures, LLC and NBA Asia, Limited, collectively referred to as the "NBA Entities") (NBA Entities and Operator collectively referred to herein as "we", "our" or "us").
1. OWNERSHIP AND USE RESTRICTIONS
The Operator maintains the Sites for your personal entertainment, information, education, and communication. You agree not to use the Sites for any commercial or business purposes. Please feel free to browse the Site. You may download material displayed on the Sites 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 NBAP. Modification of any materials displayed on the Sites is an infringement and a violation of NBAP's copyright and other proprietary rights under applicable law.
A. Registration Data: If you opt to register for any portion of this Site or the Sites, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we shall have the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Sites or your account. You further agree that we are authorized to verify such Registration Data.
C. Access Without Registration: The Sites may provide you with access to some products and services without you having to register as a user. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.
3. VOTES, CONTESTS AND SWEEPSTAKES
The Sites may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. You will be subject to terms and conditions attached to each campaign, contest or sweepstake.
The following restrictions apply to all links to the Sites from any on-line, cable, wireless or other site, service or browser:
A. On-line, cable, wireless or other sites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand or service (e.g., Internet service providers or ticket sellers) (a "Commercial Site") may not link to www.jrnbaasia.com/th_EN without our written permission, even if the page/area where the link originates does not promote a product, brand or service.
B. Sites, services or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engines, widely available Internet browsers) ("Permissible Sites") may link to www.jrnbaasia.com/th_EN without our express written permission if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "www.jrnbaasia.com/th_EN"); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
C. The Jr. NBA logo or any other logo of the NBA or its teams (a "logo" link) may not be used to link to www.jrnbaasia.com/th_EN without our written permission.
D. No link to the Sites may be "framed" by the Permissible Site where the link originated if such "frame" contains any sponsorship, advertising or other commercial text or graphics.
E. All links to the Sites from a Permissible Site must be to such Site's home page -- links to internal pages within a Site are not permitted.
F. The posting or creation of any link to the Sites signifies that you have read these linkage restrictions and agree to abide by their terms.
5. MODULAR CONTENT
By using Modular Content or incorporating it within or associating it with a web site or other online, cable, wireless, or other service other than the Sites, you agree not to: (1) obscure the Operator's branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, or facilitate another party's assertion or implication of ownership or authorship of the Modular Content; (2) excerpt or edit the Modular Content, except as specifically permitted by the Operator; or (3) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iii) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other intellectual property or proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind.
Although we are under no obligation to do so and assume no responsibility or liability arising from any use of Modular Content, we may monitor the web sites or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any web site or other online, cable, wireless, or other service if we or our agent requests that you do so, and that you will maintain the ability to remove Modular Content from any web site or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that we have exclusive discretion to direct that the Modular Content be removed from web sites or other online, cable, wireless, or other services at any time and for any reason, including but not limited to the prohibited uses of Modular Content described above; that we may implement and use protections to limit the web sites or other online, cable, wireless, or other services in conjunction with which Modular Content may be used or the manner in which Modular Content may be used; and that we may not specifically advise you of the existence or nature of these protections.
We provide Modular Content, if at all, on a voluntary basis. We expressly disclaim any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.
Notwithstanding any statement to the contrary by us or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between you and us, or between us and any third party, other than pursuant to these Terms.
6. UPLOADING OF CONTENT TO THE SITES
If you choose to submit any content for publication on the Sites (e.g., a posting to a blog or a discussion board, a video or photograph submitted as part of a contest), you hereby warrant that no contribution to the Sites (i) will be, or may be considered to be, unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iii) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other intellectual property or proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind.
We have the right to remove any content or posting you make available on the Sites if, in our opinion, your post does not comply with our content standards.
Any content you upload to the Sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited license to use, store and copy that content and to distribute and make it available to third parties. You are solely responsible for securing and backing up your content.
We also have the right to disclose your identity to any third party who is claiming that any content posted by you or uploaded by you or any other user of the Sites constitutes a violation of their intellectual property rights, proprietary rights or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Sites. The views expressed by other users on the Sites do not represent our views or values.
7. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
While we use reasonable efforts to include accurate and up to date information in the Sites, we make no warranties or representations as to its accuracy. The information contained in or made available through the Sites cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. We assume no liability or responsibility for any errors or omissions in the content of the Sites.
Neither the Operator, the NBA Entities, nor any of their respective parents, subsidiaries, affiliates, owners, employees, directors, officers, directors, licensors, suppliers or shareholders (collectively, the "Operator Parties") make any representation that the materials contained in the Sites are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Sites, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
THE MATERIALS IN THE SITES 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.
THE SITES ARE PROVIDED FOR YOUR PERSONAL, NONCOMMERCIAL USE. THE OPERATOR PARTIES SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR PARTIES SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURY CAUSED, IN WHOLE OR IN PART, BY CONTINGENCIES OR ISSUES BEYOND THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO: THE ACTS OF THIRD PARTIES, ERRORS IN THE CONTENT OR SITE, NETWORK FAILURES, INTERNET FAILURES, SOFTWARE AND HARDWARE FAILURES, VIRUSES AND OTHER SYSTEM ATTACKS, LABOR STOPPAGES, RIOTS, ACTS OF GOVERNMENT OR GOD, NATURAL DISASTERS, ACTS OF TERRORISM, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER (I) LIABILITY OR DAMAGE IS ALLEGED FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION, AND/OR (II) THE PARTY AGAINST WHICH LIABILITY OR DAMAGES IS SOUGHT WAS ADVISED OF THE POSSIBILITY THEREOF.
The Sites may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Sites. Links to and from the Sites to other sites, maintained by third parties, do not constitute an endorsement by us or any affiliate of any third party site or content. We are not responsible for the availability of these third party resources, or their contents. We have not reviewed any or all of the sites linked to the Sites and are not responsible for the content of any off-Sites pages or any other sites linked to the Sites. Your linking to the Sites, off-Sites pages or other sites is at your own risk. By clicking on any such link, you acknowledge that we have no control over, and make 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 us with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.
The Operator may give notice to users of the Sites by means of a general notice on the Sites, electronic mail to a user's 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:
A. electronic mail to email@example.com; or
B. letter delivered by first class postage prepaid mail or courier to Jr. NBA Asia Fan Relations, at the following address: Room 3101, The Lee Gardens, 33 Hysan Avenue, Causeway Bay, Hong Kong.
Please Note: Any notice by You related to any dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Sites, and/or the provision of content, services, and/or technology on or through the Sites must be provided as specified in Paragraph 8.B. above.
10. TERMINATION OF SERVICE
11. Choice of Law; Dispute Resolution
12. THIRD PARTY RIGHTS
Our Sites are directed to people residing in the Philippines, Indonesia, Thailand, Malaysia, Vietnam and Singapore. We do not represent that content available on or through our Sites is appropriate or available in other locations. We may limit the availability of our Sites to any person or geographic area at any time.
If you choose to access our Sites from outside the Philippines, Indonesia, Thailand, Malaysia, Vietnam and Singapore, you do so at your own risk.
We reserve the right at any time to change or discontinue any feature of our Sites or begin charging for access to our Sites.
LAST UPDATED: December 1, 2019
Copyright 2019 NBA Properties, Inc. All Rights Reserved.