NBAStore.hk Terms of Use

Welcome to use the NBAStore.HK site (the “NBA HK Website”)! The NBA HK Website is operated by Baozun Hong Kong Limited and its affiliates ("Baozun") pursuant to an agreement with NBA Hong Kong Operations Limited ("NBA Hong Kong"). NBA Hong Kong and Baozun are collectively referred to as "we" or "us".

In order to use the NBA HK Website, you must read and comply with these “Terms of Use for the NBA HK Website” (hereinafter referred to as the “Agreement”). Please read the terms carefully so that you understand their meaning, especially provisions that exempt or limit liability, determine governing law and jurisdiction and incorporate other agreements (if any) regarding the access to and use of certain services. Limitations and/or disclaimers may be highlighted in bold and/or underlined to remind you to pay extra attention. You have no right to access to the NBA HK Website unless you have read and accepted all terms hereunder. By using the NBA HK Website, you shall be deemed to have read and agreed to be bound by the Agreement. Attention: given the terms and conditions of this Agreement may differ from those applicable on other NBA websites, you need to read them carefully.

If you are under 18 years old, please read the Agreement under the supervision of your legal guardian, and pay special attention to the provisions set for underage users.

1. Scope of Agreement

1.1 The Agreement is executed between you and us regarding the use of the NBA HK Website by users. “Users” refer to those who use the NBA HK Website and related services, and are also referred to as “you” in the Agreement.

1.2 Services hereunder refer to services and products we offer to users via the NBA HK Website, including but not limited to, instant messaging, social media, interactive entertainment, e-commerce and advertising, and the NBA China Loyalty Program (hereinafter referred to as “the Services”).

1.3 The Agreement also includes the Privacy Policy and when you are using a particular Service via the NBA HK Website, it may be accompanied by a separate agreement and operational rules (hereafter collectively referred to as the “Separate Agreement”). When you use such particular Services, the Separate Agreement shall become an integral part of the Agreement, and you shall comply with that as well. Your acceptance of any Separate Agreements shall be deemed as your acceptance of the Agreement as a whole.

2. Protection of Users’ Personal Information

2.1 Protecting users’ personal information is fundamental to us. We will comply with the Agreement and the NBA HK Website’s “Privacy Policy” when collecting, using, storing and sharing your personal information. When any provision in the Agreement conflicts with the Privacy Policy, or where the Agreement makes no specific mention of protecting personal information, the “Privacy Policy” shall prevail.

2.2 In order to use some services or access some parts of the NBA HK Website you will need to register an account with us, and when you register an account we will automatically make you a member of the NBA China Loyalty Program). Accordingly, you may be required to provide certain personal information when using the NBA HK Website or the Services. You may need to provide real identity information if national laws require you to do so. If the information you provide is incomplete, you may be unable to use the services or your access to the Services may be restricted. Please see our Privacy Policy for more information on this.

3. Registration

3.1 You may need to register an account when using our services. You agree (i) to provide your true, accurate and complete information (“Registration Information”), and (ii) to maintain and promptly update such Registration Information so as to maintain its truth, accuracy and completeness. Should we have reasonable grounds to suspect that the Registration Information is untrue, inaccurate or incomplete, we shall have the right to suspend or terminate your account and refuse your present and future use of the NBA HK Website through this account. You acknowledge and agree that we shall assume no liability with respect to your failure to provide accurate Registration Information or the aforementioned related matters, including but not limited to your inability to receive key information related to the NBA HK Website or your account. You further agree that we shall have the right to verify the Registration Information.

3.2 You hereby authorize us to handle all account transactions completed using your account number and password. We particularly remind you to safeguard your account number and password. When you are done with using it, please log out safely. You shall be solely responsible for the confidentiality of your account number and password, and notify us in the event you discover any conduct involving the unauthorized use of your account number and password. You shall be fully responsible for any unauthorized conduct, demands and/or liability arising out of the use of your account number and password, and we shall assume no liability for the unauthorized or improper use thereof. We may need to make changes to your account number in connection with some of our services or products, and reserve the right to make such changes. Should we make the aforementioned changes, you will be notified.

4. Links Connected to the NBA HK Website

4.1 Creating or maintaining any link from another website to any page on the NBA HK Website without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited.

4.2 Websites, servers and browsers (other than Commercial Websites), such as ball fans websites, chamber of commerce websites, search engines, and web browsers (“Permitted Websites”), may be linked to the NBA HK Website without our express written consent, provided that such links (i) are “word” (and not “logo”) links; and (ii) are completely independent of any sponsored ads or other commercial text, logos or images appearing on such pages/areas containing such words, and are not otherwise connected with any such sponsored ads or other commercial text, logos or images.

4.3 The logo, NBA.com, or any other trade marks or logos of NBA or its basketball teams shall not be linked to the NBA HK Website without our written consent.

4.4 If the “nesting” of a Permitted Website with links linking to the NBA HK Website may contain any sponsors, advertisements or other commercial texts or charts, the Permitted Website shall not be “nested” by such links.

4.5 All links connected to the NBA HK Website through a permitted website must be linked to either the home page of the NBA HK Website or the home page of a specific basketball team. "Deep linking" (i.e. linking to internal pages of the NBA HK Website (such as player pages, the image galleries, and featured articles) is not permitted.

4.6 By posting or setting up any link to the NBA HK Website, you will be deemed to have read the limitations governing such links and agreed to comply with the terms thereof.

5. How to Use the Services

5.1 Unless otherwise agreed between you and us, you agree that you will use the Services solely for personal purposes, and not for any commercial purposes.

5.2 You shall use the Services by means provided or accepted by us. Your rights under the Agreement are non-transferable and non-assignable.

5.3 You shall not disrupt, damage, modify or impose any impact on the Services by using unauthorized plug-in components or third-party tools.

6. Services Are Provided AS IS

You understand and agree that the Services are provided under the current state of technologies and conditions. We will endeavour to ensure the consistency and reliability of the Services;but we cannot foresee or prevent certain legal, technological and other risks, including but not limited to any force majeure, virus, Trojan, hacker attack, system instability, third-party service flaws, service interruption, data loss or other losses and risks caused by government actions. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

7. Users Provide Equipment

7.1 You require appropriate equipment (like a computer and modem or mobile device) to use the NBA HK Website and you acknowledge that it is your responsibility to pay associated costs (e.g. phone bills and Internet access fees) when you use the Services.

7.2 You understand and agree that your use of the Services will consume certain resources which are your responsibility, e.g. mobile data or broadband consumption.

8. Advertisement

8.1 You agree that we can, in the course of providing the Services, display advertisements on the NBA HK Website, whether such advertisements relate to our own products and services or those of third-party advertisers, and we may user personal information about you, to deliver more customized content to you. For more information about this, please read our Privacy Policy.

8.2 We may provide you a feature that allows you to choose to close advertising pages, but at any time you shall not shield or filter advertisements by any means that are not explicitly stipulated in the Agreement or approved by us in writing.

8.3 We fulfill our obligations to advertisers according to law. We do not endorse any of the products or services offered by third party advertisers, and you must decide whether the advertisements are trustworthy in your own judgment;unless explicitly stated in the law, we shall not bear any responsibility for any losses or damages you suffer due to your transactions concluded on the basis of advertisements or information provided by third party advertisers.

8.4 You agree that you will use your own judgment as to the authenticity and reliability of advertisements appearing on the NBA HK Website, and unless explicitly speculated by the law, you shall bear full responsibility for your transactions based on such advertisements.

9. Products or Services Provided by Third Parties

When you use products or services provided by third parties on the NBA HK Website platform, you shall comply with not only the Agreement but also user agreements of third parties. We and third parties bear our respective obligations to possible disputes under the scope of law and their agreements.

10. Links to Third Party Websites

The NBA HK Website may contain links and pointers linking to other websites, sources and advertisements. Links to third party websites on the NBA HK Website do not form part of the website and we do not endorse the content of, or products and services sold by, such third parties. We do not review or oversee websites which contain links to the NBA HK Website, and take no liability for the contents or availability of any external pages or of any other third party websites with links directly from the NBA HK Website. By clicking such links, you will be deemed as having acknowledged that we have no control over such other websites or any contents containing therein, and we make no representation of any kind as to such other websites or any contents contained therein. Accordingly, you hereby waive any claims against us in respect of such other websites. You should consult the website terms or administrator of such third party websites for more information.

11. Software-based services

We may provide the Services to you based on “software”. If we provide Services to you based on “software”, you shall comply with the following agreements:

11.1 You may need to download software when using the Services, and we give you a personal, non-transferable and non-exclusive license to use the software. You can use the software only for the purpose of visiting or using the Services.

11.2 In order to improve user experience and ensure service safety and product function consistency, we may update software from time to time. You shall update software to the latest version, otherwise we may not guarantee the software can be used properly.

11.3 We may develop different versions of software to be used on different devices, and you shall download and install an appropriate version of software according to the practical circumstances. You can obtain the software from us or from a third party platform authorized by us. If you obtain the software or an installation package sharing the same name as the software from a third party not authorized by us, we cannot guarantee the software will function properly and will not be responsible for any losses caused by your use of the software.

11.4 Unless we give our written consent, you shall not do any of the following:

(1) Delete copyright information on the software and its copies;

(2) Reverse engineer, disassemble, decompile or make other attempts to obtain the software’s source code;

(3) Use, lease, lend, copy, modify, link, reprint, compile, release, or publish contents that we have intellectual property or set up mirror sites to reproduce the contents;

(4) Copy, modify, add or delete software or data released to the terminal device’s memory, or system data required for software operation, or create derivatives based on such data in any form including but not limited to plug-ins, third-party tools/services not authorized by us to get access to the software and related systems;

(5) Increase, delete or alter the software’s functions or operations by modifying or fabricating software orders and data, or publicise / inform others on how to achieve the above purposes or carry out business operations by leveraging how to do so, regardless whether the activities are meant for commercial purposes;

(6) Log into or use our software and Services through third-party software, plug-ins, or systems not developed or authorized by us, or make, release or distribute third-party software, plug-ins and systems not developed or authorized by us.

12. Intellectual Property Statement

12.1 All content on the NBA HK Website, including but not limited to video, audio, photos, text, images, statistics, latest score records, logos and all intellectual property rights therein and thereto (collectively, the “Contents”) shall be the property of NBA HK or licensed to NBA HK. Except as otherwise stated herein, no reproducing, reprinting, downloading, uploading, posting, dissemination, distribution, copying, public presentation or other use shall be made of any Basketball-related Content without written permission of NBA HK.

12.2 The name and logo of National Basketball Association (“NBA”) and NBA.com as well as the names and logos of NBA basketball teams are the property of NBA Properties, Inc. and NBA affiliates. All other trademarks, logos and service marks (collectively, the “Trademarks”) appearing on the NBA HK Website are their respective trademarks. Without written consent of each of such owner, nothing on the NBA HK Website shall be construed as giving any user any right or licence to use any Trademarks appearing on the NBA HK Website, by way of implication, estoppel, or otherwise. Except as otherwise stated herein, you are prohibited from using such Trademarks or any other content on the NBA HK Website.

13. Illegal Activities of Users

13.1 You shall comply with all applicable laws and regulations when using the Services, and shall not use the Services to engage in any illegal activities, including but not limited to:

(1) Distributing, disseminating or storing any information that threatens national security and unity, undermines social stability, breaches public order and social customs, contains insulting, offensive, defamatory, pornographic, violent, obscene or illegal content;

(2) Disclosing, transmitting, disseminating or storing information that infringes other people’s intellectual property rights, trade secrets, confidential information or other legitimate interests;

(3) Deliberately fabricating an incident or concealing the truth to mislead or cheat other people;

(4) Disclosing, transmitting or disseminating advertisements and junk information; or

(5) Engaging in other activities prohibited by law.

13.2 If you breach this provision, enforcement action may be taken against you by the police, relevant regulatory authorities or private institutions, which may result in legal proceedings or charges against you, fines or other penalties.You may be liable to pay compensation according to the law if your activities cause damage to us or to any third parties, and we will not bear any responsibility to you or others for any damage caused by you.

13.3 If we find out or receive a complaint that you sent a message, posted content or otherwise used the Services in a way that breaches the above provisions, we will have the right, at our sole discretion, to delete, screen or deny access to the relevant message or content. We also have the right to, depending on the nature of the breach, take steps including but not limited to suspending or terminating the Services, restricting, freezing or terminating the user’s account and even commence legal proceedings against the user.

13.4 If your breach of the above provisions causes damage to any third party, you shall bear full responsibility to pay compensation, and to us if we suffer losses because of your breach. To the fullest extent permitted by law, you shall continually indemnify and hold us, NBA Media Ventures, LLC, NBA TV, LLC, NBA Properties, Inc., The National Basketball Association and its member teams, the National Basketball Players’ Association, and every general partner, limited partner, member, shareholder, director, manager, staff, agent, representative, supplier and business partner of each of the aforesaid parties harmless from and against any and all claims, liabilities, damages and costs (including lawyer’s fee and legal fee) arising out of or in connection with any misuse of the NBA HK Website or any breach of this Agreement by you.

14. Comply with Local Legal Supervision

14.1 You shall comply with local rules and regulations when using the Services and respect local ethics, traditions and custom.If your behaviour breaches local laws and regulations or goes against local ethics or custom, you shall take full responsibility.

14.2 You shall avoid using the Services under circumstances that could implicate us in political and public incidents, otherwise we have the right to suspend or terminate the Services to you.

15. [Content Sent and Transmitted by Users and Handling of Third-party Complaint]

15.1 You shall be responsible for the authenticity of content, including but not limited to web pages, photos, audio & video files and charts, you send, post or disseminate on or through the NBA HK Website ("User Content").

15.2 All User Content provided by you must be obtained from legitimate sources. User Content shall be owned by you, or you must have secured authorization from its owner.

15.3 You agree that we can use all User Content for the purpose of executing the Agreement or providing the Services. We and our respective affiliates and our or their designees may use any or all User Content for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever, for any or all commercial or non-commercial purposes, anywhere in the world.

15.4 If we are notified by any third party who claims you have breached his/her copyright by your use of the User Content, we have the right in our sole discretion, to delete, block or deny access to the User Content provided by you.

15.5 When you use the Services, you shall not break any laws or regulations or harm other people’s legitimate rights and interests. You understand and agree that, if a third party complains that you have infringed or violated their rights or proprietary interests, or if you complain that other users have infringed or violated your rights or proprietary interests, we have the right to provide all relevant information, including the disputed parties’ contact information and the details of the complaint, to the other party or relevant authorities so as to expedite dispute settlement and protect the parties’ legitimate interests.

16. Force majeure and other disclaimers

16.1 You understand and agree that in the use of the Services there may be force majeure and other risk factors the occurrence of which may interrupt the Services. In this provision, "force majeure" shall refer to events that are outside NBA HK's reasonable control, including without limitation, natural disasters, such as floods, earthquakes, plagues, epidemics and windstorms, and social events, such as wars, civil or political unrest and governmental acts. In such circumstances, we will take steps to promptly restore those Services so affected, provided that we shall disclaim any loss whatsoever caused to you howsoever arising therefrom to the fullest extent permitted by law.

16.2 To the fullest extent permitted by law, we disclaim all liability for the interruption or disruption of the Services in the following circumstances:

(1)Destruction caused by computer virus, Trojan or other malware or hacker attack;

(2)Malfunction of users’ or our own computer software, systems, hardware and communication line, or their being stolen or damaged, or authorized access to, change of or use of, records;

(3)Improper operation by users;

(4)Users’ use of the Services without our authorization;

(5)Other circumstances that are beyond the control of, or can be reasonably foreseen by, us.

16.3 You understand and agree that in the use of the Services there may be risks relating to information available on the internet and/or acts of other users. To the fullest extent permitted by law, we exclude all liability for the truthfulness, authenticity or lawfulness of any information provided by other users, nor will we be liable for any damage caused to you due to the misuse of the Services or breaches by other users. The abovementioned risks include but are not limited to:

(1)Information from others, anonymous or pseudonymous, containing threatening, defamatory, offensive or illegal contents;

(2)Any mental or physical injury and/or economic loss caused or that may be caused by others’ misuse, fraud or otherwise in the use of the Services;

(3)Any inaccuracy of any content on the NBA HK Website;

(4)Other risks resulting from information available on the internet or other users’ acts.

16.4 (1) Nothing in this Agreement excludes or limits the liability of either party for death or personal injury as a result of negligence, fraud, or for any other losses for which liability cannot, by law, be excluded or limited.

(2) The NBA HK Website is intended for people residing in Hong Kong. We do not represent that the content available on or through our Site is appropriate or available in other locations. We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time. If you choose to access the NBA HK Website from outside Hong Kong, you do so at your own risk.

(3) Subject to paragraph (1), all the information on the NBA HK Website is offered on an “as is” basis, and we do not make any guarantee of any kind, either express or implicit. To the maximum extent permitted by applicable laws, we exclude any and all warranties, undertakings, conditions or guarantees, whether express or implied, including but without limitation, any implied terms of merchantability or fitness for purpose in relation to the Services. We do not represent or warrant that the information contained in the NBA HK Website is accurate, complete, correct, appropriate, reliable or up-to-date or that the NBA HK Website will be provided on an uninterrupted basis or free from any errors and/or viruses.

(4) Subject to paragraph (1), we exclude all liability for any direct, indirect, concrete, punitive or sequential damages or loss of profit arising in connection with the Services and/or the NBA HK Website or any contents contained therein. To the fullest extent permitted by law, our total maximum liability to you in any calendar year for any losses, damages or compensation in connection with or arising from the Services and/or the NBA HK Website shall be the higher of (i) the total amount, if any, paid by you for using the Services and/or any part of the NBA HK Website in the relevant calendar year; or (ii) HK$1,000.

16.5 You understand and agree that the Services are not designed for any particular purpose. In the event that losses are suffered as a result of operational failure of our software, the NBA HK Website or the Services, we shall assume no liability.

16.6 We have the right but not the obligation to enforce this Agreement against users that do not comply. We give no undertaking as to the settlement or resolution of enforcement action in relation to any such non-compliance.

16.7 You are solely responsible for maintaining the confidentiality of your password and account number. Please do not give or lend your password to anyone, even if they claim to be authorized to ask for it. You are required to notify us of any unauthorized use of your account.

17. Effect and change of the Agreement

17.1 By using the Services provided by us, you shall be deemed to have read and accepted to be bound by the Agreement.

17.2 We have the right to modify the terms of the Agreement when and if necessary. Modified terms shall take effect upon posting, and apply to all access to and use of the Services thereafter. You may review the terms of the latest version of the Agreement. on the relevant service page(s).

17.3 If you agree to the changes to this Agreement, simply continue to use the Services. Your continued use of the Services following the posting of changes to this Agreement constitutes your acceptance and agreement to the changes. If you object to any of the changes to this Agreement, you may close your account. Please check this page frequently and review any changes to this Agreement carefully so you are aware of any changes, as they are binding on you.

18. Change, discontinuation and termination of Services

18.1 We may change the contents of, or discontinue, cease or terminate the rendering of, the services.

18.2 You understand and agree that we shall have the right to determine the content and functionality of the NBA HK Website at our sole discretion. We may change, remove or update the NBA HK Website without notice.

18.3 You understand and agree that we shall have the right to determine the operational strategy of our business. In the case of merger, spin-off, acquisition or transfer of assets by us, we may transfer to any third parties the relevant assets under this Service - including account information which may include your personal information; we may also outsource part or all of the Services to third parties for operational reasons

18.4 In any of the following circumstances, we shall have the right to discontinue or terminate such Services provided to you without notice:

(1)In case that we have reasonable grounds to suspect that any information you submit is untrue, inaccurate or incomplete, and you fail to submit any reasonable supporting documents. Pursuant to relevant laws, you shall submit true and accurate information. You acknowledge and agree that we are not liable for any losses or other consequences of your failure to provide accurate information.

(2)In the event of breaching relevant laws and regulations or provisions contained herein;

(3)As required by the laws and regulations or the competent authorities;

(4)Out of security concern or other necessary situations.

18.5 It is your responsibility to backup data stored in connection with the Services. Should your account be terminated for whatever reason, we have the right to delete your data permanently, unless otherwise required by laws and regulations. We are not obliged to return your data to you upon termination of the account.

19. Applicability of Jurisdiction and Laws

19.1 The Agreement and any disputes arising from the Agreement or the NBA HK Website shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”), except for its conflicts of laws principles. Any claims in connection with the Agreement or the NBA HK Website shall be subject to the exclusive jurisdiction of the courts of Hong Kong. You further agree that if we are successful in our action against you, you shall pay for the legal costs and lawyer’s fee together with the costs incurred by us in connection with such action.

19.2 All headings are intended for convenience only. They shall not be used for the purposes of interpretation.

19.3 If any article hereof is invalid or unenforceable for any reason, the remaining articles shall still be valid and have binding effect on both parties.

20. Terms of Use for Minors

20.1 Any user under 18 is referred to as a minor. Minor users shall read and comply with the Agreement and use the Services under the supervision of guardians.

20.2 If you are a minor, please pay attention to the following to enhance online safety:

(1)understand the difference between cyber world and the reality, and avoid getting indulged in internet and affecting daily study and living;

(2)take care when providing personal information online, and do not provide any personal information to people you do not know; and

(3)learn to use the internet appropriately under the supervision of guardians or teachers。

21. Miscellaneous

Notwithstanding that we are pleased to hear from NBA fans and welcome their suggestions as to the NBA HK Website and the NBA, we are not NBA HK's policy is that we do not accept or adopt any suggestions received from users. This policy is to avoid misunderstandings, legal issues or other disputes when we or NBA HK have creative ideas, concepts or information that are similar to your suggestions or opinions. As a result, we ask you not to actively send your opinions to us, and we shall assume no liability for reviewing such opinions, nor shall we take responsibility for any similarity between your suggestions and the NBA’s future products or plans. Should you actively submit your feedback or suggestions to us, you are deemed to grant a perpetual, royalty-free, non-exclusive, unlimited, global and irrevocable right and licence to us, so that we are allowed to use, copy, modify, publish, translate, prepare based on such opinions to produce, distribute, demonstrate or show such opinions for any purpose (including but not limited to advertisement and promotional purposes), by means of any current known or future development, carriers or technologies, in whole or in part.