Portland Trail Blazers Terms and Conditions

Terms and Conditions of Use

Please carefully read these Terms and Conditions of Use (“Terms of Use”) in its entirety before submitting your name, any image, likeness or photograph in any form (collectively, the “Image”) for an order for purchase of a Portland Trail Blazers FanCutout (“Order”), including providing your email, cell phone number, social media website, or any other form of personal information. These Terms and Conditions are intended to be as broad and inclusive as permitted by law and if any portion of these Terms and Conditions is determined to be invalid, the remainder will continue in full legal force and effect.

By submitting an Image and an Order, you are acknowledging and agreeing to all terms, conditions and releases contained herein and that any such Order submission shall constitute full acknowledgement and proof that you have read and fully understand and agree to the provisions of these Terms of Use voluntarily and to be bound by the privacy policy of the National Basketball Association (“NBA”) at https://www.nba.com/privacy-policy and the privacy policy of FanCutouts.com at https://shop.fancutouts.com/policies/privacy-policy.

1. You agree that you will only submit your own Image or an Image of an individual who has provided you with express permission to submit such individual’s Image, including but not limited to written consent from the parent/legal guardian of any minor person (proof of consent may be required for any Image of a minor). Images submitted of any celebrity, athlete, public figure, politician, or other such similar type of person of public notoriety, or an Image of a person from whom you have not obtained express permission may be rejected and neither Trail Blazers Inc. (“TBI”) nor FanCutouts.com will be obligated to provide you with a refund of the purchase price. All Images submitted must comply with these Terms and Conditions, the Photo Submission Guidelines and/or Cutout Rules. The Authorized Parties (as defined below) reserve the right to reject any order that they deem, in their sole discretion, to be inappropriate, objectionable and/or inconsistent with the positive image and/or goodwill of the Portland Trail Blazers or the NBA and its Member Teams.

2. You hereby authorize and grant full permission to TBI, the NBA and its Member Teams, NBA Properties Inc., NBA Media Ventures, LLC, and each of their parent companies, subsidiaries, affiliates, directors, officers, employees, agents and designees, including but not limited to the news media (collectively, the “Authorized Parties”), the irrevocable right to use the Image, without further notification, authorization or compensation to you or anyone else, in any and all media, whether now known or hereafter to become known, worldwide and in perpetuity, for purposes of entertainment, illusion, promotion, art, publicity, advertising and/or trade. You acknowledge that any photograph, videotape, recording or other record created by the Authorized Parties which contains a submitted Image shall be owned and considered the sole property of the Authorized Parties, and as such may be used in the same manner by a designee of one or more of the Authorized Parties for the same or other purposes.

3. The Authorized Parties are not responsible for the unauthorized use of any Image by a third party, including, but not limited to the news media; other websites; downloading of Images and videos from the Internet or social media networks such as YouTube or Facebook; or other distribution networks that may be developed now or in the future.

4. You release, hold harmless and agree to indemnify and hold the Authorized Parties harmless from and against, any and all claims, demands, cause of actions, obligations or liabilities arising out of or in connection in any manner with (a) your use of any Image or submission of any Order, or (b) the use, display, editing, production, distribution, transmission, sublicensing or reproduction of any Image or Order, regardless of the cause, including but not limited to: (i) any claims for copyright infringement or invasion of privacy or publicity; (ii) unauthorized human intervention; or (iii) technical errors related to computers, servers, providers, telephone or cellular networks, or network lines.

5. You represent and warrant that (a) you are at least 18 year of age or older, or if you are submitting an Image or Order on behalf of a person under the age of 18, that you have the right to do so or have received express permission; (b) you are the sole owner of the rights you are granting herein or have the express authorization of the rightsholder, and (c) you have the express permission of any person depicted in an Image to submit that Image and Order and to grant all rights as set forth herein.