Nike Terms of Use

20220123_rev01 · COMPARED WITH 20210531_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

Full text changes — 20210531_rev01 to 20220123_rev01

11#### NIKE TERMS OF USE
22
3Date of last revision: August 2020
3Date of last revision: September 2021
44
55**PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING ANY NIKE PLATFORM.**
66
7**If you live in any of the following countries, additional terms may apply to you and are viewable at the bottom of these Terms. We display the country within the Terms when applicable. These additional terms override the Terms below to the extent of any inconsistency.**
7**If you live in any of the following countries or regions, additional terms may apply to you and are viewable at the bottom of these Terms. We display the country/region within the Terms when applicable. These additional terms override the Terms below to the extent of any inconsistency.**
88
9[Argentina](), [Australia](), [Brazil](), [Canada](), [Colombia](), [Japan](), [Korea](), [Philippines](), all [European countries]() (including specific terms for [Austria](), [Belgium](), [France](), [Germany](), [Hungary](), [Italy](), [Poland]() and [Switzerland]().
9[Argentina](), [Australia](), [Brazil](), [Canada](), [China]() (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan) [Colombia](), [Hong Kong](), [Japan](), [Korea](), [Philippines](), all [European countries]() (including specific terms for [Austria](), [Belgium](), [France](), [Germany](), [Hungary](), [Italy](), [Poland]() and [Switzerland]().
1010
1111Welcome to the NIKE community! You are reading these Terms because you are using a NIKE website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of NIKE's Platform ("Platform"). You may access the Platform through a computer, mobile phone, tablet, console or other technology, which we refer to here as a "Device". Your service provider's normal rates and fees apply to your Device.
1212
1313**These Terms create a legally binding agreement between you and NIKE and its affiliates (which we may refer to as "NIKE", "we", "us" or "our") regarding your use of the Platform.** Please review our [List of Local Entities](http://agreementservice.svs.nike.com/nl/en_gb/rest/agreement) for the name of the NIKE entity responsible for providing the Platform to you and the appropriate contact information. A few important points:
1414
1515- **Our Terms May Change. Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you.** \[See [Canada]() terms.\] We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don't agree to them, please stop using the Platform. If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.
1616- **Terms of Sale.** By making any purchase with us, you also agree to the [Terms of Sale](http://agreementservice.svs.nike.com/nl/en_gb/rest/agreement) that apply in your country or region. \[See [Hungarian]() terms.\]
1717- **Privacy Policy.** Our [Privacy Policy](http://agreementservice.svs.nike.com/nl/en_gb/rest/agreement) describes the collection and use of personal information on the Platform and applies to your use of the Platform.
1818- **Important Notice for Amateur Athletes**. You are responsible for ensuring that your participation on the Platform does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. N**IKE is not responsible or liable for your use of the Platform resulting in your ineligibility as an amateur athlete.**
1919
2020**1\. GROUND RULES**
2121
22**Eligibility.** You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries.
22**Eligibility.** You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries. \[See [China]() (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan) terms.\]
2323
2424**Rules for Registration.** When you register for an account with us, the following rules apply:
2525
2626- **Be True**: Provide accurate and current registration information.
2727- **Be You:** Keep your registration personal. Do not register for more than one NIKE account, register a NIKE account on behalf of someone else, or transfer your account.
2828- **Be Secure:** Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
2929- **Be Responsible:** Inform NIKE immediately of any unauthorised use of your NIKE account. You are responsible for anything that happens through your NIKE account - with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NIKE IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORISED USE OF YOUR ACCOUNT.
3030
31**\[See [China]() (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan) terms.\]**
32
3133**2\. OWNERSHIP OF CONTENT**
3234
3335Except for User Content (defined below), all of the content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by NIKE or others we license Content from, and is protected by copyright, trademark, patent and other laws. NIKE reserves all rights not expressly described in these Terms.
3436
3537- All trademarks, service marks and trade names (e.g. the NIKE name and the Swoosh design) are owned, registered and/or licensed by NIKE. You do not acquire a licence or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
3638- You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
130132- These Terms remain in effect even after your account is terminated or you have stopped using the Platform.
131133
132134**9\. INDEMNIFICATION/LIMITATION OF LIABILITY**
133135
134136We want you to enjoy our Platform, but NIKE must also protect itself from any damages you may cause.
135137
136Indemnification and RELEASE. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you. \[See [Canada](), [France]() and [Germany]() terms.\] You agree to indemnify, defend, and hold harmless NIKE Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the "NIKE Parties") from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal fees, arising from or relating in any way to your User 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. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the NIKE Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.
138Indemnification and RELEASE. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you. \[See [Canada](), [France](), [Germany]() and [Hong Kong]() terms.\] You agree to indemnify, defend, and hold harmless NIKE Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the "NIKE Parties") from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal fees, arising from or relating in any way to your User 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. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the NIKE Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.
137139
138**LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. \[See [Canada](), [France](), [Germany](), and [Philippines]() terms.\]** NONE OF THE NIKE PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE 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 NIKE PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, 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 IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF NIKE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, NIKE'S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.
140**LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. \[See [Canada](), [France](), [Germany](), [Hong Kong]() and [Philippines]() terms.\]** NONE OF THE NIKE PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE 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 NIKE PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, 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 IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF NIKE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, NIKE'S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.
139141
140142**10\. APP MARKETPLACES:** You acknowledge that this agreement is between you and NIKE only, and not with the app marketplace where you downloaded a NIKE app (e.g. for iOS users, the App Store operated by Apple Inc. or for Android users, the Google Play store operated by Google Inc.).
141143
142144- **Subscriptions to NTC Premium.** The following terms apply if you have purchased a subscription to NTC Premium through your preferred app store:
143145
144146- Payments for subscriptions to NTC Premium are charged through your preferred app store account. You may elect to purchase either a monthly or an annual subscription. Your subscription will automatically renew and your app store account will be automatically charged for the renewal unless you cancel at least 24 hours before the end of the current billing period. Cancel anytime by navigating to your NTC Profile, tap on Settings, and select "Premium Subscription", which will link you to the applicable app store subscription centre. Any unused portion of a free trial period (if any) will be forfeited if you purchase a subscription during the free trial period. By subscribing to NTC Premium, you agree to our [Privacy Policy](http://agreementservice.svs.nike.com/nl/en_gb/rest/agreement) and [Terms of Sale](http://agreementservice.svs.nike.com/nl/en_gb/rest/agreement).
145147- **SUBSCRIPTIONS NON-REFUNDABLE:** Refunds on subscriptions to NTC Premium are subject to the applicable app store policy. Subscriptions to NTC Premium are non-refundable and there is no right to refunds or credits unless required by applicable law or as otherwise permitted by the applicable app store policy.
146148
147149**11\. DISPUTES/ADDITIONAL TERMS**
148150
149151**Choice of Law/Jurisdiction**
150152
151**If you live in any of the following countries, different "Choice of Law/Jurisdiction" terms may apply to you: [Argentina](), [Austria](), [Brazil](), [Canada](), [France](), [Germany](), [Italy](), [Philippines](), [Poland](), [Switzerland]() and all other E[uropean countries]().**
153**If you live in any of the following countries, different "Choice of Law/Jurisdiction" terms may apply to you: [Argentina](), [Austria](), [Brazil](), [Canada](), [China]() (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan) [France](), [Germany](), [Hong Kong](), [Italy](), [Philippines](), [Poland](), [Switzerland]() and all other E[uropean countries]().**
152154
153155- You agree that this Platform is a passive platform solely based in Oregon, USA, which does not give rise to personal jurisdiction over NIKE in jurisdictions other than Oregon.
154156- You agree that the Platform, Terms, 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 UN Convention on Contracts for the International Sale of Goods.
155157- Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the 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, USA.
156158- You consent to waive all defences of "lack of personal jurisdiction" and "inconvenient forum" with respect to venue and jurisdiction in the state and federal courts of Multnomah County, Oregon.
157159- All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
166168- NIKE may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.
167169- NIKE's failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or NIKE's rights. Users should always assume these Terms apply.
168170- If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
169171
170172Thanks for reading. Please enjoy our community!
171173
172**COUNTRY SPECIFIC TERMS**
174**COUNTRY/REGION SPECIFIC TERMS**
173175
174176If you live in one of the following countries these additional terms apply and override any inconsistent terms in the Terms of Use.
175177
176178**ARGENTINA**
177179
178180**Section 3 (POSTING CONTENT ON THE PLATFORM):** the first bullet point paragraph under sub-section "USER CONTENT LICENCE" is deleted and replaced with the following:
205207
206208**"Choice of Law/Jurisdiction**
207209
208210- You agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE shall be governed in all respects by Brazilian law, without regard to choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods.
209211- Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the 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 Brazil."
210212
211CANADA
213**CANADA**
212214
213215**Introductory Paragraph:**
214216
215217The section titled "Our Terms May Change" is qualified by the following:
216218
217219"(a) Nike must send to you, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause and the date of the coming into force of the amendment; and
225227SECTION 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:
226228
227229The sub-section titled "CHOICE OF LAW/JURISDICTION" is modified by adding the following at the beginning of the section:
228230
229231**"Consumer protection laws in some jurisdictions, such as Quebec, might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may not allow you to waive your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, the following limitations may not be applicable."**
230232
233**CHINA** (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan)
234
235Section 1 (GROUND RULES): the sub-section titled "Eligibility" is deleted in entirety and replaced by the following:
236
237"You are eligible to use the Platform if: i) you are of legal age and have capacity for civil conduct in accordance with the laws of the People's Republic of China; or ii) you have the consent from your parent or guardian. There may be a certain age requirement for specific Platform services in each country/region.
238
239If you are a parent or guardian and find that your child is using the Platform without your consent, you may contact us."
240
241The following terms are added to the end of the second paragraph under "Rules for Registration":
242
243"To comply with the laws and regulations of the People's Republic of China, you shall complete the real name verification in accordance with the applicable laws."
244
245Section 11 (DISPUTES/ADDITIONAL TERMS):
246
247The sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety and replaced with the following:
248
249"Choice of Law/Jurisdiction
250
251- You agree that the Platform, Terms and any dispute between you and NIKE shall be governed in all respects by the laws of People's Republic of China, without regard to choice of law provisions, and the 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply.
252- Unless otherwise provided by applicable laws, you agree that all disputes and claims arising from your use of the Platform (including, but not limited to, the purchase of NIKE products) shall be resolved through amicable negotiation between the two parties; if no agreement is reached, either party may file a lawsuit at the Yangpu District People's Court of Shanghai and both parties shall waive the right to file an objection to subject matter jurisdiction."
253
231254**COLOMBIA**
232255
233256**Section 3 (POSTING CONTENT ON THE PLATFORM):** the sub-section titled "USER CONTENT LICENCE" is modified as follows:
234257
235258The first bullet point paragraph under USER CONTENT LICENCE is deleted and replaced with the following:
236259
237260"You grant NIKE a non-exclusive, indefinite, transferable, sub-licensable, royalty-free, worldwide licence to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights."
238261
239262**Section 3 (POSTING CONTENT ON THE PLATFORM):** the sub-section titled "LICENCE TO USE COMMENTS, FEEDBACK AND IDEAS" is deleted in its entirety and replaced with the following:
240263
241264"AUTHORISATION TO USE COMMENTS, FEEDBACK AND IDEAS. You grant to NIKE an indefinite, worldwide authorisation to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services."
242265
266**HONG KONG**
267
268Nike, Inc., an entity registered in the State of Oregon, USA and with its address at One Bowerman Drive, Beaverton, OR 97005, USA) is: (1) the operator and manager of the NRC and NTC Apps, and (2) our contracting entity for these Terms with you.
269
270Section 9 (INDEMNIFICATION / LIMITATION OF LIABILITY): This section is deleted and replaced with the following:
271
272"Indemnification and release. You agree to indemnify, defend, and hold harmless NIKE Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the "NIKE Parties") from and against all claims, losses, liabilities, expenses, damages and costs (including attorneys' fees), arising from or relating in any way to your User 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, any law or the rights of any third party.
273
274Limitation of liability. Except to the extent permitted by applicable laws, you agree:
275
276- that none of the NIKE Parties will be liable for any special, incidental or consequential damages (including any lost profits or lost data) that result from the use of, or the inability to use, the 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 NIKE partner events, or any User Content or any other activity in connection with the use of the Platform, even if NIKE has been advised of the possibility of such damages;
277- you assume total responsibility for your use of the Platform; and
278- if NIKE is found to be liable to you for any damage or loss which is in any way connected with your use of the Platform or any Content, NIKE's liability shall not exceed the greater of: (1) the amount you have paid to us under these Terms for your use of the Platform or any Content, or (2) US$100.00."
279
280Section 11 (DISPUTES/ADDITIONAL TERMS): The first bullet point under the sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety.
281
243282**JAPAN**
244283
245284**Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY):** this section is modified as follows:
246285
247286The sub-section titled "LIMITATION OF LIABILITY" is deleted in its entirety and replaced with the following:
248287
345384**"Choice of Law/Jurisdiction**
346385
347386Nothing in this paragraph shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.
348387
349388- You agree that the Platform, Terms, and any dispute between you and NIKE shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods.
350389- Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of NIKE products) shall be resolved and exclusively in the competent courts of Amsterdam, the Netherlands.
351- If you have a complaint, please contact us via [privacy@nike.com](mailto:privacy@nike.com). If you feel your complaint is not adequately addressed you can - but are not obliged to - use the Online Dispute Resolution (ODR) platform that you can access through [http://ec.europa.eu/odr](http://ec.europa.eu/odr). In addition, you have the right to initiate a mediation procedure by contacting the mediator (s) as follows: Association des médiateurs européens (197, Boulevard Saint-Germain, 75007 PARIS, téléphone: 09 53 01 02 69), [http://www.mediationconso-ame.com/](http://www.mediationconso-ame.com/). The mediator(s) will attempt to, independently and impartially, reach an amicable resolution of the dispute. In case of mediation, each party is free to accept or reject the solution proposed by the mediator."
390- If you have a complaint, please [contact us](https://www.nike.com/gb/en/help). If you feel your complaint is not adequately addressed you can - but are not obliged to - use the Online Dispute Resolution (ODR) platform that you can access through [http://ec.europa.eu/odr](http://ec.europa.eu/odr). In addition, you have the right to initiate a mediation procedure by contacting the mediator (s) as follows: Association des médiateurs européens (197, Boulevard Saint-Germain, 75007 PARIS, téléphone: 09 53 01 02 69), [http://www.mediationconso-ame.com/](http://www.mediationconso-ame.com/). The mediator(s) will attempt to, independently and impartially, reach an amicable resolution of the dispute. In case of mediation, each party is free to accept or reject the solution proposed by the mediator."
352391
353392**GERMANY**
354393
355394**Section 7 (IMPORTANT DISCLAIMERS):** this section is modified as follows:
356395
357396The third bullet point in the summary box is deleted in its entirety and replaced with the following: