Date of last revision: January 2018
By accessing or using this website, mobile application or other NIKE product or service (collectively the "Platform") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of NIKE. NIKE may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.
PHYSICAL ACTIVITY NOTICE
The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. NIKE is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.
All intellectual property on the Platform (except for User Generated Content) is owned by NIKE or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the NIKE name and the Swoosh design) are owned, registered and/or licensed by NIKE. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of NIKE. All rights reserved.
You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase NIKE products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without NIKE's prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
COPYRIGHT INFRINGEMENT COMPLAINTS
If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give NIKE legally sufficient notice to NIKE of infringement. Send copyright infringement complaints to:
Legal Department (Copyright)
One Bowerman Dr., Beaverton, OR 97005
Telephone: 503-671-6453
Fax: 503-646-6926
We suggest that you consult your legal advisor before filing a notice with NIKE's copyright agent, because there may be penalties for false claims.
The Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). NIKE does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. NIKE is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.
The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using NIKE's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
You agree to indemnify, defend, and hold harmless NIKE, Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.
NIKE is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, NIKE disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. NIKE cannot guarantee and does not promise any specific results from use of the Platform. NIKE does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, NIKE does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. NIKE reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Nike shall not be liable for any direct, special, incidental, indirect, or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, this platform or the performance of the products purchased through the platform or the conduct of other platform users (whether online or offline) or attendance at a Nike event or any user generated content, even if Nike has been advised of the possibility of such damages. You assume total responsibility for your use of the platform. Your only remedy against Nike for use of the platform or any content is to stop using the platform. That said, if Nike is found to be liable to you for any damage or loss which is in any way connected with your use of this platform or any content, Nike's liability shall not exceed US$100.00. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree that this Platform shall be deemed a passive website solely based in Oregon, USA, which does not give rise to personal jurisdiction over NIKE in jurisdictions other than Oregon. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and NIKE shall be governed in all respects by Oregon law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. These Terms of Use are further subject to Oregon Revised Statutes Chapter 72, "Sales." Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of NIKE products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Multnomah County, Oregon. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Multnomah County, Oregon. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of NIKE products) must be commenced within one (1) year after the claim or cause of action arises. By using the Platform, you agree to receive certain electronic communications from NIKE. You agree that any notice, agreement, disclosure or other communication that NIKE sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. NIKE's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. NIKE may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.
NIKE reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. NIKE also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.