Nike Terms of Use
ARCHIVED 2025-08-20, DATE APPROXIMATE · VERSION 20250820_rev01 · COMPARED WITH 20250211_rev01
Full text changes — 20250211_rev01 to 20250820_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 1 | #### NIKE TERMS OF USE | |
| 1 | NIKE TERMS OF USE | |
| 2 | 2 | |
| 3 | Date of last revision: June 2022 | |
| 3 | Date of last revision: June 2025 | |
| 4 | 4 | |
| 5 | **PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING ANY NIKE PLATFORM.** | |
| 5 | Welcome to the NIKE community! | |
| 6 | 6 | |
| 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.** | |
| 7 | PLEASE READ THESE NIKE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING ANY NIKE SERVICES OR PRODUCTS OR PARTICIPATING IN ANY NIKE EXPERIENCES. | |
| 8 | 8 | |
| 9 | [Argentina](), [Australia](), [Brazil](), [Canada](), [Colombia](), [Hong Kong](), [Japan](), [Korea](), [Philippines](), all [European countries]() (including specific terms for [Austria](), [Belgium](), [France](), [Germany](), [Hungary](), [Italy](), [Poland]() and [Switzerland](). | |
| 9 | These Terms apply to the NIKE websites, social media platforms, and mobile apps (the "Platform"); the digital experiences, membership programme(s), and other services accessible through or enabled by the Platform (together with the Platform, the "Services"); the footwear, clothing, equipment, accessories, and other products sold or otherwise provided by NIKE ("Products"); and the experiences and events hosted by NIKE or in NIKE stores ("Experiences"). | |
| 10 | 10 | |
| 11 | Welcome 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. | |
| 11 | These Terms create a legally binding agreement between you and NIKE regarding your use of the Services and Products and your participation in Experiences. If you live in any of the following countries or regions, additional or alternative provisions of these Terms (set forth below) may apply to you: [Argentina](), [Australia](), [Brazil](), [Canada](), [Colombia](), [Hong Kong](), [Indonesia](), [Japan](), [Philippines](), [Thailand](), [Vietnam](), and all [European countries]() (including specific terms for [Austria](), [Belgium](), [France](), [Germany](), [Hungary](), [Italy](), [Netherlands](), [Poland](), [Spain](), [Switzerland](), and the [United Kingdom]()). Additionally, in certain countries and regions, NIKE.com, SNKRS.com, and/or the NIKE app may be operated by a third party on NIKE's behalf, in which case such third party's terms and conditions will apply to your use of those platforms in such countries or regions. | |
| 12 | 12 | |
| 13 | **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](https://agreementservice.svs.nike.com/rest/agreement/localentities/en/NL/com.nike/redirect/true) for the name of the NIKE entity responsible for providing the Platform to you and the appropriate contact information. A few important points: | |
| 13 | When we say "NIKE," "we", "us", or "our", we are referring to the NIKE entity responsible for providing the Services, Products, or Experiences in your country or region. Please review our [List of Local Entities](https://agreementservice.svs.nike.com/rest/agreement/localentities/en/NL/com.nike/redirect/true) for the NIKE entities responsible for providing the Services, Products and Experiences to you. You enter into these Terms with each applicable NIKE entity. | |
| 14 | 14 | |
| 15 | - **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. | |
| 16 | - **Terms of Sale.** By making any purchase with us, you also agree to the [Terms of Sale](https://agreementservice.svs.nike.com/rest/agreement/termsOfSale/en/NL/com.nike/redirect/true) that apply in your country or region. \[See [Hungarian]() terms.\] | |
| 17 | - **Privacy Policy.** Our [Privacy Policy](https://agreementservice.svs.nike.com/rest/agreement/privacyPolicy/en/NL/com.nike/redirect/true) describes the collection and use of personal information on the Platform and applies to your use of the Platform. | |
| 18 | - **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.** | |
| 15 | 1. TERMS APPLICABLE TO YOU | |
| 19 | 16 | |
| 20 | **1\. GROUND RULES** | |
| 17 | Updates | |
| 21 | 18 | |
| 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. | |
| 19 | We may update these Terms from time to time. The "date of last revision" above indicates when these Terms were last updated. If we make updates, we may also send you a notification. Unless we indicate otherwise, updated Terms will be effective immediately upon posting and your continued use of the Services, purchase of additional Products, or participation in Experiences will confirm your acceptance of the updates. | |
| 23 | 20 | |
| 24 | **Rules for Registration.** When you register for an account with us, the following rules apply: | |
| 21 | Supplemental Terms | |
| 25 | 22 | |
| 26 | - **Be True**: Provide accurate and current registration information. | |
| 27 | - **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. | |
| 28 | - **Be Secure:** Keep your username, password and other login credentials secure and do not allow anyone else to use your account. | |
| 29 | - **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. | |
| 23 | We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services, Products, or Experiences ("Supplemental Terms"). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, Products or Experiences, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict. See the Section titled Alternative and Additional Terms for more information. | |
| 30 | 24 | |
| 31 | **2\. OWNERSHIP OF CONTENT** | |
| 25 | Terms of Sale | |
| 32 | 26 | |
| 33 | Except 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. | |
| 27 | By purchasing a Product from us, you also agree to the [Terms of Sale](https://agreementservice.svs.nike.com/rest/agreement/termsofsale/en/NL/com.nike/redirect/true) that apply in your country or region. The Terms of Sale are Supplemental Terms. For information about how to return Products, see the Return Policy that applies in your country or region. | |
| 34 | 28 | |
| 35 | - 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. | |
| 36 | - You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. | |
| 37 | - To the extent NIKE approves the download or use of Content comprised of copyrights or copyrightable works, NIKE grants you a limited, personal, non-transferable, non-sublicensable, and revocable licence to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as NIKE makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. NIKE reserves the right to monitor your use and to alter or revoke this licence or your access to the Content at any time and for any reason. NIKE reserves the right to take down any Content in violation of these terms or NIKE's intellectual property rights. NIKE allowing you this limited use does not constitute a waiver of any of Nike's rights to the Content. | |
| 38 | - Outside of the specific usage rights granted to you by NIKE in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without NIKE's prior written consent. Unauthorised use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties. | |
| 29 | Privacy | |
| 39 | 30 | |
| 40 | **3\. POSTING CONTENT ON THE PLATFORM** | |
| 31 | Our [Privacy Policy](https://agreementservice.svs.nike.com/rest/agreement/PrivacyPolicy/en/NL/com.nike/redirect/true) describes how NIKE collects, uses, shares, and otherwise processes information about you. | |
| 41 | 32 | |
| 42 | **User Content Licence.** Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as "User Content". Nike is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to NIKE as described below: | |
| 33 | Accessibility | |
| 43 | 34 | |
| 44 | - You represent that you have the right to post your User Content, and you grant NIKE a non-exclusive, perpetual, 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. NIKE may, in its sole discretion, remove any User Content at any time. \[See [Argentina](), [Colombia](), [Belgium](), and [Philippines]() terms.\] | |
| 45 | - You understand that deleted User Content may persist in NIKE's systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law. | |
| 35 | Our Digital Accessibility page explains how NIKE Services are accessible to all users, including individuals with disabilities: | |
| 46 | 36 | |
| 47 | **LICENCE TO USE COMMENTS, FEEDBACK AND IDEAS**. You understand that any comments, feedback or ideas you send us are provided on a non-confidential basis and you grant to NIKE a perpetual, worldwide licence 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. \[See Colombia and Belgium terms.\] | |
| 37 | - - [Austria](https://www.nike.com/at/en/accessibility/statement) | |
| 38 | - [Belgium](https://www.nike.com/be/en/accessibility/statement) | |
| 39 | - [Bulgaria](https://www.nike.com/bg/en/accessibility/statement) | |
| 40 | - [Croatia](https://www.nike.com/hr/accessibility/statement) | |
| 41 | - [Czech Republic](https://www.nike.com/cz/en/accessibility/statement) | |
| 42 | - [Denmark](https://www.nike.com/dk/en/accessibility/statement) | |
| 43 | - [Finland](https://www.nike.com/fi/accessibility/statement) | |
| 44 | - [Hungary](https://www.nike.com/hu/en/accessibility/statement) | |
| 45 | - [Ireland](https://www.nike.com/ie/en/accessibility/statement) | |
| 46 | - [Luxembourg](https://www.nike.com/lu/en/accessibility/statement) | |
| 47 | - [Netherlands](https://www.nike.com/nl/en/accessibility/statement) | |
| 48 | - [Portugal](https://www.nike.com/pt/en/accessibility/statement) | |
| 49 | - [Romania](https://www.nike.com/ro/accessibility/statement) | |
| 50 | - [Slovakia](https://www.nike.com/sk/en/accessibility/statement) | |
| 51 | - [Slovenia](https://www.nike.com/si/en/accessibility/statement) | |
| 52 | - [Sweden](https://www.nike.com/se/en/accessibility/statement) | |
| 48 | 53 | |
| 49 | **4\. USER CODE OF CONDUCT** | |
| 54 | Amateur Athlete Eligibility | |
| 50 | 55 | |
| 51 | We're excited to have you contribute to the NIKE community. Here are a few basic rules: | |
| 56 | You are responsible for ensuring that your use of the Services and Products and your participation in Experiences does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. NIKE is not responsible or liable if your use of the Services and Products or your participation in Experiences results in your ineligibility as an amateur athlete. | |
| 52 | 57 | |
| 53 | - **Be Original.** Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content. | |
| 54 | - **Be Safe.** | |
| 58 | 2. GROUND RULES | |
| 55 | 59 | |
| 56 | - Do not do anything that may expose NIKE or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform. | |
| 57 | - Do not post User Content that contains software viruses, programmes or other computer code, and do not circumvent or modify any Platform software or security technology. | |
| 58 | - Do not use any data mining, robots, scraping or similar data gathering methods. | |
| 59 | - Unless we indicate otherwise, our Platform is a public place. Do not post personal information to the Platform - yours or anybody else's. | |
| 60 | - **Be Personal.** | |
| 60 | Eligibility | |
| 61 | 61 | |
| 62 | - Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform. | |
| 63 | - Do not collect or solicit personal information from other Platform users or send unsolicited messages. | |
| 64 | - Do not use automated technology to interact with the Platform. | |
| 65 | - **Be Appropriate.** Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory or otherwise objectionable or inappropriate or which violates any applicable laws. NIKE has the right to prescreen, monitor or remove User Content - but we have no obligation to do so. | |
| 66 | - **Be Yourself.** Do not impersonate any person or organisation, including athletes or NIKE employees. | |
| 62 | If you are younger than the legal age of majority where you live, you may only use the Services under the supervision of a parent or guardian who also agrees to these Terms. There may be additional age restrictions on Services or Experiences in certain countries or regions. | |
| 67 | 63 | |
| 68 | - HAVE FUN! | |
| 64 | Account Registration | |
| 69 | 65 | |
| 70 | **5\. COPYRIGHT INFRINGEMENT** | |
| 66 | When you register for a NIKE account, the following rules apply: | |
| 71 | 67 | |
| 72 | Please consult your legal adviser before filing a notice with us because there may be penalties for false claims. NIKE may terminate the accounts of Platform users found to infringe third party copyrights. | |
| 68 | Be True: Provide accurate registration information and keep your account information up to date. | |
| 73 | 69 | |
| 74 | If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information \[See [France]() terms.\]: | |
| 70 | Be You: Your account is for your personal use only. Do not register for more than one account, register an account on behalf of someone else, or transfer your account to someone else. | |
| 75 | 71 | |
| 76 | (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorised to act on his/her behalf; | |
| 72 | Be Secure: Keep your username, password, and other login credentials secure and do not allow anyone else to use your account. | |
| 77 | 73 | |
| 78 | (2) a description of the copyrighted work that you claim has been infringed; | |
| 74 | Be Responsible: Inform us immediately of any unauthorised use of your account. You are responsible for anything that happens through your account - with or without your permission. | |
| 79 | 75 | |
| 80 | (3) a description of where on the Platform the content that you claim is infringing is located; | |
| 76 | Devices | |
| 81 | 77 | |
| 82 | (4) a written statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and | |
| 78 | You may access the Services through a computer, mobile phone, tablet, console, or other technology (a "Device"). You agree to receive transactional and other emails, SMS and text messages from NIKE at the email address or other contact information you provide. Your provider's normal data and text message rates and fees apply to your Device. | |
| 83 | 79 | |
| 84 | (5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. | |
| 80 | 3. NIKE CONTENT | |
| 85 | 81 | |
| 86 | Send copyright infringement complaints to: | |
| 82 | Content We Own | |
| 87 | 83 | |
| 88 | Legal Department (Copyright) | |
| 84 | Except for your User Content (defined below), all of the content on our Services, 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 our licensors and is protected by copyright, trademark, patent and other laws. Content is part of the Services, and you may only use the Services as expressly permitted by these Terms. NIKE reserves all rights not expressly granted to you in these Terms. | |
| 89 | 85 | |
| 90 | One Bowerman Dr., Beaverton, OR 97005 | |
| 86 | The NIKE name, the Swoosh design, our other logos, product or service names, slogans, and the look and feel of the Products and Services are trademarks, service marks, trade dress, or trade names owned or licensed by NIKE, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. 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 Services. Do not change, obscure, or delete any ownership or proprietary notices appearing in the Services, including materials downloaded or printed from the Services. | |
| 91 | 87 | |
| 88 | Licence to Use | |
| 89 | ||
| 90 | Subject to your compliance with these Terms, NIKE grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use our Services for your own personal, non-commercial use and, solely with respect to any applications included as part of the Services, to install and use such applications on Devices that you own or control. Any applications included in the Services are licensed (not sold), and if you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the Services and remove (uninstall and delete) applications included as part of the Services from your Devices. | |
| 91 | ||
| 92 | 4. USER CONTENT | |
| 93 | ||
| 94 | Content You Submit | |
| 95 | ||
| 96 | Some parts of the Services may allow you and other users to create, post, store, share, or otherwise provide content including photos, videos, and text ("User Content"). NIKE is not responsible for User Content. Except for the licence you grant NIKE below, as between you and NIKE, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content. | |
| 97 | ||
| 98 | Licence to Use | |
| 99 | ||
| 100 | You grant NIKE and its subsidiaries and affiliates a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide and fully paid licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content, including the likeness of any person that appears in the User Content and any of the concepts or ideas contained in the User Content, for any purpose, including commercial uses, in all media formats and channels now known or later developed without compensation to you or any third party. | |
| 101 | ||
| 102 | To the fullest extent permitted by applicable law, you hereby irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have under any applicable law or under any legal theory. | |
| 103 | ||
| 104 | Right to User Content | |
| 105 | ||
| 106 | You represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. | |
| 107 | ||
| 108 | 5. FEEDBACK AND IDEAS | |
| 109 | ||
| 110 | We typically do not review unsolicited suggestions, ideas, feedback, or other materials that you post, submit, or otherwise communicate to us about NIKE or our Services, Products, or Experiences (collectively, "Feedback"). However, any Feedback you send us is provided on a non-confidential basis and you grant NIKE and its subsidiaries and affiliates a licence to use such Feedback for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to, for the purpose of developing, manufacturing, and marketing products and services. | |
| 111 | ||
| 112 | 6. USER CODE OF CONDUCT | |
| 113 | ||
| 114 | We're excited to have you contribute to the NIKE community. However, you are solely responsible for your conduct while using our Services or Products or participating in our Experiences and you must comply with the following rules: | |
| 115 | ||
| 116 | Be Yourself. Do not impersonate or otherwise misrepresent your affiliation with any person or organisation, including athletes or NIKE employees. Only interact with the Services as yourself for personal, non-commercial purposes. This means that you may not: | |
| 117 | ||
| 118 | - Use or attempt to use another user's account; | |
| 119 | - Post any advertising, solicitations, or commercial content on the Services or accept payment from a third party in exchange for performing commercial activity on the Platform; or | |
| 120 | - Collect or solicit personal information from other users for any reason, including to send, distribute, or post spam, unsolicited, or bulk messages. | |
| 121 | ||
| 122 | Be Original. Do not create, post, store, or share any User Content if you do not have all the rights necessary to grant us the licence described above. | |
| 123 | ||
| 124 | Be Safe. Take precautions when interacting with other users (including users you do not know) on the Services. Before you meet another user face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. | |
| 125 | ||
| 126 | Be Considerate. Do not do anything that may expose NIKE or its users to any type of harm. This means that you may not: | |
| 127 | ||
| 128 | - Do anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Services; | |
| 129 | - Post User Content that contains software viruses, malware, adware, or other malicious computer code, or circumvent or modify any Platform software or security technology; or | |
| 130 | - Create, post, or share User Content that contains any private or personal information of any third party without that third party's consent. Unless we indicate otherwise, our Platform is a public place. | |
| 131 | ||
| 132 | Be Respectful. You may only use the Services for their intended and authorised purposes. This means that you may not: | |
| 133 | ||
| 134 | - Rent, lease, loan, sell, or resell our Services or related data without our consent; | |
| 135 | - Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for our Services or any related technologies that are not open source; | |
| 136 | - Develop or use any application or automated technology, other than as approved by NIKE, to interact with the Services; | |
| 137 | - Ignore instructions contained in our robots.txt files or bypass measures employed to prevent or limit access to any part of the Services; | |
| 138 | - Use any data mining, robots, scraping, or similar data gathering methods to access, use, scrape, or extract content or data from the Services; or | |
| 139 | - Use any content, data, or information from the Services or derived from the Services to develop, create, train, test, fine-tune, prompt, benchmark, or otherwise improve or validate (i) any machine learning or artificial intelligence tools, models, systems, algorithms, or products, or (ii) any other technologies. | |
| 140 | ||
| 141 | Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. | |
| 142 | ||
| 143 | NIKE has the right to prescreen, monitor, or remove User Content. However, enforcement of this Section is solely at NIKE's discretion, and failure to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances. | |
| 144 | ||
| 145 | 7. COPYRIGHT INFRINGEMENT | |
| 146 | ||
| 147 | NIKE has adopted a policy of terminating, in appropriate circumstances, the accounts of users found to infringe the intellectual property rights of others. If you believe that any Content on the Services infringes a copyright that you own or control, you may provide us with written notification at the address set forth below. Please see Section 512(c)(3) of the Digital Millennium Copyright Act ("DMCA") for the requirements of a proper notification. If your complaint fails to provide everything specified in the DMCA, we may be unable to act on it. | |
| 148 | ||
| 149 | Please consult your legal advisor before filing a notice of copyright infringement with us because there may be penalties for false claims. | |
| 150 | ||
| 151 | Send copyright infringement complaints to: | |
| 152 | ||
| 153 | Copyright Agent | |
| 154 | NIKE, Inc. | |
| 155 | One SW Bowerman Dr., Beaverton, OR 97005 | |
| 92 | 156 | Telephone: 503-671-6453 |
| 157 | [Enforcement@nike.com](mailto:Enforcement@nike.com) | |
| 93 | 158 | |
| 94 | Fax: 503-646-6926 | |
| 159 | 8. PARTNERS ON THE PLATFORM | |
| 95 | 160 | |
| 96 | [Copyright.legal@nike.com](mailto:Copyright.legal@nike.com) | |
| 161 | From time to time, NIKE may link to, provide information about, partner with, or allow you to connect your NIKE account with third-party websites, social media platforms, mobile apps, and other products, services, and experiences ("Third Parties"). You may be able to connect with these Third Parties through the Services or Products, or at Experiences, but this does not mean NIKE endorses, monitors, or has any control over these Third Parties or their activities. We provide information about and links to Third Parties as a service to those interested in such content. NIKE is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk. | |
| 97 | 162 | |
| 98 | **6\. PARTNERS ON THE PLATFORM** | |
| 163 | 9. PHYSICAL ACTIVITY & SAFETY | |
| 99 | 164 | |
| 100 | From time to time, NIKE may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services ("Third Parties"). You may be able to connect with these Third Parties through the Platform, but this does not mean NIKE endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party's sites and terms of use and privacy policy. **NIKE is not responsible for the content, policies or activities of Third Parties and you interact with Third Parties at your own risk.** | |
| 165 | The Services and Experiences may include features that provide information about physical activity, nutrition, or general wellness or provide opportunities to engage in physical activity. Content and information provided through the Services and at Experiences are provided for educational and informational purposes only and are not intended as medical advice. The Services and Products are not medical devices and are not intended to diagnose, treat, cure, or prevent any illness, metabolic disorder, disease, or health problem. | |
| 101 | 166 | |
| 102 | **7\. IMPORTANT DISCLAIMERS** | |
| 167 | Before using the Services or Products as part of any exercise programme or participating in an Experience, consider the risks involved and consult with a medical professional. Consulting a medical professional before beginning an exercise programme is especially important if you are overweight, pregnant, nursing, or diabetic or have a heart condition, any injuries, disabilities, or other medical conditions. There are potentials for injury and other dangers associated with any physical or recreational activity, and you should not engage in any such activities that pose a heightened risk to you in light of your health conditions. Never disregard professional medical advice or delay in seeking it because of content and information provided through the Services or at Experiences. | |
| 103 | 168 | |
| 104 | **PHYSICAL ACTIVITY. \[See [Canada](), [Germany]() and [Italy]() terms, because the following exclusions and limitations may not apply to you.\]** The Platform may include features that promote physical activity, nutrition or general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. | |
| 169 | You should start any physical activity slowly, take care not to exceed your capabilities, and immediately stop if you become dizzy, dehydrated, or your body's ability to function normally is otherwise affected. If you experience a medical emergency, stop using the Services and Products or participating in the Experience and consult with a medical professional. You must also take appropriate precautions while using the Services or Products or participating in Experiences and monitor your surroundings (e.g. traffic, crowds, and hazards). YOU ASSUME THE RISKS ASSOCIATED WITH ANY PHYSICAL ACTIVITIES THAT YOU ENGAGE IN. | |
| 105 | 170 | |
| 106 | - Consider the risks involved and consult with your medical professional before engaging in any physical activity. | |
| 107 | - Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Platform. | |
| 171 | 10. INDEMNIFICATION | |
| 108 | 172 | |
| 109 | - TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, 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 ON THE PLATFORM. | |
| 173 | To the fullest extent permitted by applicable law, you agree to and will indemnify and hold harmless NIKE, Inc. and its subsidiaries and affiliates and each of its and their respective officers, directors, shareholders, employees, agents, distributors, representatives, contractors, licensors, suppliers, successors, assigns, and insurers, and all Experience sponsors, advertisers, volunteers, staff, and owners or lessors of premises used in connection with an Experience (individually and collectively, the "NIKE Parties") from and against all claims, losses, liabilities, expenses, damages and costs, including solicitors' fees, arising from or relating in any way to (i) your access to or use of the Services or Products; (ii) your access to or participation in Experiences; (iii) your User Content or Feedback; or (iv) your violation of these Terms, any law or the rights of any third party (including intellectual property rights or privacy rights). The NIKE Parties will have control of the defence or settlement, at the NIKE Parties' sole option, of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and NIKE or the other NIKE Parties. | |
| 110 | 174 | |
| 111 | **USER INTERACTIONS.** To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions. \[See [Italy]() terms.\] | |
| 175 | 11. RELEASE | |
| 112 | 176 | |
| 113 | - Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. NIKE is under no obligation to become involved with any user dispute but may do so at its own discretion. | |
| 177 | To the fullest extent permitted by applicable law, 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 arising from or relating to these Terms, the Services, Products, or Experiences. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." | |
| 114 | 178 | |
| 115 | **WARRANTY DISCLAIMER. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you. \[See [Australia](), [Canada]() and [Germany]() terms.\]** | |
| 179 | 12. WARRANTIES; DISCLAIMERS | |
| 116 | 180 | |
| 117 | - The Platform, Content, and the materials and products on this Platform are provided "AS IS". We aren't making any promises of any kind, including about the Platform's accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NIKE IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM. | |
| 118 | - NIKE does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful. | |
| 119 | - To the fullest extent permitted by law, NIKE disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. | |
| 120 | - You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise. | |
| 121 | - We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results. | |
| 181 | Your use of our Services and Products and your participation in Experiences, and any content or materials provided therein or therewith is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Products, Services, Experiences and any content or materials provided therein or therewith are provided "AS IS" and "AS AVAILABLE" without any representation or warranties of any kind, whether express, implied, or statutory. We aren't making any promises of any kind, and NIKE disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. NIKE does not represent or warrant that our Products, Services, Experiences, or any content provided therein or therewith are accurate, complete, reliable, current, or error-free, that access to our Services or any content provided therein or therewith will be uninterrupted, or that any defects will be corrected. While NIKE attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or any content provided therein or therewith, or our servers are free of viruses or other harmful components or content or materials. NIKE is not responsible for any damage to your Device resulting from accessing the Services, for your interactions with other users of the Services or other Experience participants, or for any damage or harm you may experience because of these interactions. You assume the entire risk as to the quality and performance of the Products, Services, and Experiences and any content provided therein or therewith. All disclaimers of any kind (including in this Section and elsewhere in these Terms) are made for the benefit of NIKE and the other NIKE Parties. We hope you enjoy and get the full benefit of the Services, Products, and Experiences; however, we do not guarantee any results. The foregoing disclaimer of warranty does not apply to any product or manufacturer warranty expressly offered by NIKE and/or any third-party manufacturer of Products. | |
| 122 | 182 | |
| 123 | **8\. TERMINATION** | |
| 183 | 13. LIMITATION OF LIABILITY | |
| 124 | 184 | |
| 125 | NIKE may terminate or modify any Nike Platform, member programme, product or service at any time without notice. | |
| 185 | 1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NIKE NOR ANY OF THE NIKE PARTIES WILL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA, ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, SERVICES, OR EXPERIENCES, EVEN IF NIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PRODUCTS AND SERVICES AND YOUR PARTICIPATION IN EXPERIENCES. YOUR ONLY REMEDY AGAINST ANY NIKE PARTY IN CONNECTION WITH ANY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, SERVICES, OR EXPERIENCES IS TO STOP USING THE PRODUCTS AND SERVICES AND TO STOP PARTICIPATING IN EXPERIENCES. | |
| 186 | 2. IF NIKE OR ONE OF THE OTHER NIKE PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, SERVICES, OR EXPERIENCES, THE MAXIMUM AGGREGATE LIABILITY OF NIKE AND THE OTHER NIKE PARTIES SHALL NOT EXCEED THE LESSER OF (I) US $100.00 (OR THE EQUIVALENT OF US $100.00 IN THE LEGAL CURRENCY OF YOUR COUNTRY OR REGION) OR, IF YOU LIVE IN EUROPE, EURO €100.00; AND (II) THE AMOUNT PAID BY YOU TO NIKE FOR THE APPLICABLE SERVICES, PRODUCTS, OR EXPERIENCES GIVING RISE TO SUCH LIABILITY. | |
| 187 | 3. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER BASIS, EVEN IF NIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitations set forth in this Limitation of Liability Section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of NIKE or the other NIKE Parties or for any other matters in which liability cannot be excluded or limited under applicable law. | |
| 126 | 188 | |
| 127 | NIKE may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Nike, subject to applicable law. | |
| 189 | 14. MODIFICATION AND TERMINATION | |
| 128 | 190 | |
| 129 | - You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law. | |
| 130 | - These Terms remain in effect even after your account is terminated or you have stopped using the Platform. | |
| 191 | NIKE may terminate or modify all or part of any Services, including member programmes, Product offerings, and Experiences at any time without notice. All modifications and additions to the Services, Product offerings, and Experiences will be governed by these Terms, unless otherwise expressly stated by NIKE in writing. | |
| 131 | 192 | |
| 132 | **9\. INDEMNIFICATION/LIMITATION OF LIABILITY** | |
| 193 | NIKE may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Services or your ability to participate in Experiences at any time and for any reason, without any liability to NIKE, subject to applicable law. | |
| 133 | 194 | |
| 134 | We want you to enjoy our Platform, but NIKE must also protect itself from any damages you may cause. | |
| 195 | These Terms remain in effect even after your account is closed, terminated, or suspended or you have otherwise stopped using the Services and stopped participating in Experiences. | |
| 135 | 196 | |
| 136 | Indemnification 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. | |
| 197 | 15. ALTERNATIVE AND ADDITIONAL TERMS | |
| 137 | 198 | |
| 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. \[See [Canada](), [France](), [Germany](), [Hong Kong]() and [Philippines]() terms.\]** 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. | |
| 199 | In addition to these Terms, additional terms and conditions, including the following Supplemental Terms, may apply to your use of certain Services or Products, or participation in Experiences: | |
| 139 | 200 | |
| 140 | **10\. DISPUTES/ADDITIONAL TERMS** | |
| 201 | - Launch Terms | |
| 202 | - NIKE Gift Card Terms and Conditions | |
| 203 | - [NIKE Promo Code Terms and Conditions](https://www.nike.com/help/a/promo-code-terms) | |
| 204 | - [NIKE Consumer Ratings and Reviews Terms of Service](https://www.nike.com/help/a/product-review-tos) | |
| 205 | - Terms of Sale applicable in your country or region | |
| 141 | 206 | |
| 142 | **Choice of Law/Jurisdiction** | |
| 207 | 16. DISPUTES, JURISDICTION, VENUE | |
| 143 | 208 | |
| 144 | **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](), [Hong Kong](), [Italy](), [Philippines](), [Poland](), [Switzerland]() and all other E[uropean countries]().** | |
| 209 | Applicable Law | |
| 145 | 210 | |
| 146 | - 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. | |
| 147 | - 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. | |
| 148 | - 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. | |
| 149 | - 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. | |
| 150 | - 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. | |
| 211 | Any disputes, claims, controversies, or legal proceedings arising out of or relating to these Terms, the Products, Services, or Experiences (each a "Claim") will be governed by and in all respects construed and enforced in accordance with Oregon law, except to the extent pre-empted by US federal law, without regard to conflict of law rules or principles (whether of the State of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The UN Convention on Contracts for the International Sale of Goods will not apply. | |
| 151 | 212 | |
| 152 | **Electronic Communications** | |
| 213 | Venue | |
| 153 | 214 | |
| 154 | - By using the Platform, you agree to receive certain electronic communications from NIKE, subject to applicable law. | |
| 155 | - 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. | |
| 215 | Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, all Claims shall be resolved individually, without resort to any form of class action or any other kind of representative proceeding, and exclusively in the state or federal courts located in Multnomah County, Oregon, USA. You and NIKE waive any objection to venue in any such courts. | |
| 156 | 216 | |
| 157 | **Right to Assign, No Waivers, Severability** | |
| 217 | Time to Bring a Claim | |
| 158 | 218 | |
| 159 | - 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. | |
| 160 | - 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. | |
| 161 | - If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable. | |
| 219 | To the extent permitted by law, a Claim must be brought within one (1) year after the Claim arises; otherwise, the Claim is permanently barred, which means that you or NIKE will no longer have the right to assert that Claim against the other. | |
| 162 | 220 | |
| 221 | 17. MISCELLANEOUS | |
| 222 | ||
| 223 | Export Restriction | |
| 224 | ||
| 225 | You may not use or otherwise export or re-export the Products, Services or related technology or any content contained therein, except as authorised by export control and sanctions laws of the United States and any other government having jurisdiction. In particular, but without limitation, the Products and Services and the technology and the content contained therein, may not be exported or re-exported to (i) any US sanctioned or embargoed countries or regions; or (ii) any person or entity on the US Treasury Department's list of Specially Designated Nationals, the US Department of Commerce Denied Person's List or Entity List, or other US sanctions or export control lists. | |
| 226 | ||
| 227 | Electronic Communications | |
| 228 | ||
| 229 | By using the Services, purchasing Products, or participating in Experiences, you agree to receive certain electronic communications from NIKE, subject to applicable law. Communications and transactions between NIKE and you may be conducted electronically. | |
| 230 | ||
| 231 | Assignment | |
| 232 | ||
| 233 | NIKE may assign its rights and duties under these Terms, in whole or in part, 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. You cannot assign your rights and duties under these Terms, and any attempted assignment in violation of this sentence is void. | |
| 234 | ||
| 235 | Waiver | |
| 236 | ||
| 237 | 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. You should always assume these Terms apply. | |
| 238 | ||
| 239 | Severability | |
| 240 | ||
| 241 | If any provision in these Terms is held unlawful, invalid, or unenforceable for any reason, including because it is found to be unconscionable, then (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (iii) the unenforceable or unlawful provision may be revised to the extent required to render these Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve these Terms and the intent of these Terms to the fullest possible extent. | |
| 242 | ||
| 243 | Intended Beneficiary | |
| 244 | ||
| 245 | Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. | |
| 246 | ||
| 247 | Section Headings | |
| 248 | ||
| 249 | The Section headings in these Terms are for convenience only and have no legal or contractual effect. Use of the word "including" will be interpreted to mean "including without limitation." | |
| 250 | ||
| 163 | 251 | Thanks for reading. Please enjoy our community! |
| 164 | 252 | |
| 165 | **COUNTRY/REGION SPECIFIC TERMS** | |
| 253 | COUNTRY/REGION SPECIFIC TERMS | |
| 166 | 254 | |
| 167 | If you live in one of the following countries these additional terms apply and override any inconsistent terms in the Terms of Use. | |
| 255 | If you live in one of the following countries or regions these additional terms apply and/or supersede any inconsistent terms in the Terms of Use, as described below. | |
| 168 | 256 | |
| 169 | **ARGENTINA** | |
| 257 | ARGENTINA | |
| 170 | 258 | |
| 171 | **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: | |
| 259 | Section 16 (DISPUTES, JURISDICTION, VENUE): The subsections titled "Applicable Law" and "Venue" are deleted and replaced with the following: | |
| 172 | 260 | |
| 173 | "You grant NIKE a non-exclusive, transferable, royalty-free, worldwide licence to display the User Content that you post on or in connection with the Platform and to share it with other Users, including the right to translate, display, reproduce, modify, create derivative works of, sublicense and distribute the User Content. | |
| 261 | Applicable Law/Venue | |
| 174 | 262 | |
| 175 | For example, we need these rights so we can copy your User Content into our databases, display it in the correct format across our mobile applications, and send your User Content to vendors who perform services on Nike's behalf". | |
| 263 | You agree that the Terms, Products, Services, Experiences, and any dispute between you and NIKE arising therefrom shall be governed in all respects by Argentine law. | |
| 176 | 264 | |
| 177 | **Section 10 (DISPUTES/ADDITIONAL TERMS)**: this section is modified as follows: | |
| 265 | AUSTRALIA | |
| 178 | 266 | |
| 179 | The sub-section titled "CHOICE OF LAW/JURISDICTION" is hereby deleted and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged): | |
| 267 | Section 4 (USER CONTENT): The second paragraph in the subsection titled "Licence to Use" is deleted and replaced with the following: | |
| 180 | 268 | |
| 181 | **"Choice of Law/Jurisdiction** | |
| 269 | You hereby irrevocably waive or give your consent to NIKE doing or not doing anything that may otherwise infringe any of your "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have under any applicable law or under any legal theory. | |
| 182 | 270 | |
| 183 | - You agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE shall be governed in all respects by Argentine law." | |
| 271 | Section 10 (INDEMNIFICATION): This section is deleted and replaced with the following: | |
| 184 | 272 | |
| 185 | **AUSTRALIA** | |
| 273 | Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any right or remedy implied by or contained in the Australian Consumer Law ("ACL") and which by law cannot be excluded, restricted or modified, even if any other term of these Terms would otherwise suggest that this might be the case. | |
| 186 | 274 | |
| 187 | **Section 7 (IMPORTANT DISCLAIMERS)**: this section is modified as follows: | |
| 275 | To the maximum extent permitted by applicable law (including the ACL), you agree to indemnify, defend, and hold harmless the NIKE Parties from and against all reasonable claims, losses, liabilities, expenses, damages and costs, including, without limitation, solicitors' fees, arising from or relating in any way to your User Content, your misuse of the Services, Products or Experiences or any contravention of law by you, other than to the extent to which a NIKE Party or a third party contributed to or caused the loss. | |
| 188 | 276 | |
| 189 | The sub-section titled "WARRANTY DISCLAIMER" is modified by adding the following: | |
| 277 | Section 11 (RELEASE): This section is deleted and not replaced. | |
| 190 | 278 | |
| 191 | "However, the Platform, Content, and the materials and products on this Platform, come with certain guarantees that cannot be excluded for the benefit of Australian customers under Australian consumer law ("ACL"), including guarantees as to the acceptable quality and fitness of purpose of products. Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the ACL and which by law cannot be excluded, restricted or modified, even if any other term of these Terms would otherwise suggest that this might be the case." | |
| 279 | Section 12 (WARRANTIES; DISCLAIMERS): This section is modified by adding the following at the end of the section: | |
| 192 | 280 | |
| 193 | **BRAZIL** | |
| 281 | However, the Services, Content, and the materials and products contained therein come with certain guarantees that cannot be excluded for the benefit of Australian customers under the ACL, including but not limited to guarantees as to the acceptable quality and fitness of purpose of products. Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the ACL and which by law cannot be excluded, restricted or modified, even if any other term of these Terms would otherwise suggest that this might be the case. | |
| 194 | 282 | |
| 195 | **Section 10 (DISPUTES/ADDITIONAL TERMS)**: this section is modified as follows: | |
| 283 | Section 13 (LIMITATION OF LIABILITY): This section is deleted and replaced with the following: | |
| 196 | 284 | |
| 197 | The sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted and replaced with the following: | |
| 285 | 1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT EXCLUDING OR LIMITING ANY RIGHTS UNDER THE ACL WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED, 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, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, PRODUCTS, OR EXPERIENCES, EVEN IF NIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | |
| 286 | 2. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND PRODUCTS AND YOUR PARTICIPATION IN EXPERIENCES. YOUR ONLY REMEDY AGAINST ANY NIKE PARTY IN CONNECTION WITH ANY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, SERVICES, OR EXPERIENCES, TO THE MAXIMUM EXTENT PERMITTED UNDER THE ACL, IS TO STOP USING THE PRODUCTS AND SERVICES AND TO STOP PARTICIPATING IN EXPERIENCES. | |
| 287 | 3. IF NIKE OR ONE OF THE OTHER NIKE PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, SERVICES, OR EXPERIENCES, AND TO THE MAXIMUM EXTENT PERMITTED UNDER THE ACL, THE MAXIMUM AGGREGATE LIABILITY OF NIKE AND THE OTHER NIKE PARTIES SHALL NOT EXCEED THE LESSER OF (I) US $100.00 AND (II) THE AMOUNT PAID BY YOU TO NIKE FOR THE APPLICABLE SERVICES, PRODUCTS, OR EXPERIENCES GIVING RISE TO SUCH LIABILITY. | |
| 288 | 4. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER BASIS, EVEN IF NIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. However, the limitations set forth in this Limitation of Liability Section will not limit or exclude liability for the gross negligence, fraud, recklessness or intentional misconduct of NIKE or the other NIKE Parties or for any other matters in which liability cannot be excluded or limited under applicable law, including those which cannot be excluded under the ACL. | |
| 198 | 289 | |
| 199 | **"Choice of Law/Jurisdiction** | |
| 290 | Section 16 (DISPUTES, JURISDICTION, VENUE): | |
| 200 | 291 | |
| 201 | - 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. | |
| 202 | - 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." | |
| 292 | The subsection titled "Venue" is deleted and replaced with the following: | |
| 203 | 293 | |
| 204 | **CANADA** | |
| 294 | Except where prohibited by applicable law, including the ACL, you agree that all Claims shall be resolved exclusively in the state or federal courts located in Multnomah County, Oregon, USA. 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, USA. | |
| 205 | 295 | |
| 206 | **Introductory Paragraph:** | |
| 296 | The subsection titled "Time to Bring a Claim" is deleted and not replaced. | |
| 207 | 297 | |
| 208 | The section titled "Our Terms May Change" is qualified by the following: | |
| 298 | BRAZIL | |
| 209 | 299 | |
| 210 | "(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 | |
| 300 | Section 16 (DISPUTES, JURISDICTION, VENUE): The subsections titled "Applicable Law" and "Venue" are deleted and replaced with the following: | |
| 211 | 301 | |
| 212 | (b) you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending Nike a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in Nike's obligations." | |
| 302 | Applicable Law/Venue | |
| 213 | 303 | |
| 214 | **MULTIPLE SECTIONS:** The terms set forth in the sections titled "Physical Activity", "Warranty Disclaimer", "Indemnification/Limitation of Liability" and "Limitation of Liability" are qualified by the following: | |
| 304 | You agree that the Terms, Products, Services, Experiences, and any dispute between you and NIKE arising therefrom 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. | |
| 215 | 305 | |
| 216 | **"Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Disclaimer, Indemnification/Limitation of Liability and Limitation of Liability."** | |
| 306 | Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Terms, Products, Services, and/or Experiences shall be resolved individually, without resort to any form of class action, and exclusively in Brazil. | |
| 217 | 307 | |
| 218 | SECTION 10 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows: | |
| 308 | CANADA | |
| 219 | 309 | |
| 220 | The sub-section titled "CHOICE OF LAW/JURISDICTION" is modified by adding the following at the beginning of the section: | |
| 310 | Section 1 (TERMS APPLICABLE TO YOU): The subsection titled "Updates" is qualified by the following: | |
| 221 | 311 | |
| 222 | **"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."** | |
| 312 | 1. If required by applicable law, NIKE will 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 | |
| 313 | 2. In such case, you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending NIKE a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in NIKE's obligations. | |
| 223 | 314 | |
| 224 | **COLOMBIA** | |
| 315 | Multiple Sections: The terms set forth in Sections 9 (PHYSICAL ACTIVITY & SAFETY), 10 (INDEMNIFICATION), 12 (WARRANTIES; DISCLAIMERS), and 13 (LIMITATION OF LIABILITY) are qualified by the following: | |
| 225 | 316 | |
| 226 | **Section 3 (POSTING CONTENT ON THE PLATFORM):** the sub-section titled "USER CONTENT LICENCE" is modified as follows: | |
| 317 | Consumer protection laws in some jurisdictions, which may include Quebec, do not allow for the limitations and exclusions of warranties on purchased products or services. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity & Safety, Indemnification, Warranties; Disclaimers, and Limitation of Liability. | |
| 227 | 318 | |
| 228 | The first bullet point paragraph under USER CONTENT LICENCE is deleted and replaced with the following: | |
| 319 | Section 16 (DISPUTES, JURISDICTION, VENUE): This section is modified by adding the following at the beginning of the section: | |
| 229 | 320 | |
| 230 | "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." | |
| 321 | Consumer protection laws in some jurisdictions, which may include 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 prohibit mandatory waivers of 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. | |
| 231 | 322 | |
| 232 | **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: | |
| 323 | Section 17 (MISCELLANEOUS): The subsection titled "Export Restriction" is deleted and replaced with the following: | |
| 233 | 324 | |
| 234 | "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." | |
| 325 | You may not use or otherwise export or re-export the Products, Services or related technology or any content contained therein, except as authorised by export control and sanctions laws of Canada, the United States and any other government having jurisdiction ("Sanctions"). In particular, but without limitation, the Products and Services and the technology and the content contained therein, may not be exported or re-exported to (i) any Canadian or US countries or regions that are subject to comprehensive Sanctions; or (ii) any person or entity on the US Treasury Department's list of Specially Designated Nationals, the US Department of Commerce Denied Persons List or Entity List, or other US or Canadian sanctions or export control lists. | |
| 235 | 326 | |
| 236 | **HONG KONG** | |
| 327 | COLOMBIA | |
| 237 | 328 | |
| 238 | Nike, 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. | |
| 329 | Section 5 (FEEDBACK AND IDEAS): The last sentence of this section is deleted and replaced with the following: | |
| 239 | 330 | |
| 240 | Section 9 (INDEMNIFICATION / LIMITATION OF LIABILITY): This section is deleted and replaced with the following: | |
| 331 | However, any Feedback you send us is provided on a non-confidential basis and you grant NIKE and its subsidiaries and affiliates an indefinite, worldwide authorisation to use such Feedback for any purpose, commercial or otherwise, without notice, compensation or acknowledgement to you, including, but not limited to, for the purpose of creating, modifying, improving, developing, manufacturing and/or marketing products and services. | |
| 241 | 332 | |
| 242 | "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. | |
| 333 | HONG KONG | |
| 243 | 334 | |
| 244 | Limitation of liability. Except to the extent permitted by applicable laws, you agree: | |
| 335 | NIKE, 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 in Hong Kong, and (2) our contracting entity for these Terms with you. | |
| 245 | 336 | |
| 246 | - 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; | |
| 247 | - you assume total responsibility for your use of the Platform; and | |
| 248 | - 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." | |
| 337 | Section 4 (USER CONTENT): The subsection titled "Right to User Content" is deleted and replaced with the following: | |
| 249 | 338 | |
| 250 | Section 10 (DISPUTES/ADDITIONAL TERMS): The first bullet point under the sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety. | |
| 339 | You represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any laws of Hong Kong, rights of any person or entity, including any third-party rights, or cause injury to any person or entity. NIKE reserves the right to remove any User Content which in its sole opinion, violates or may violate the Hong Kong laws, rights of any person or entity, including any third-party rights, or causes or may cause injury to any person or entity. NIKE's determination is final. In the event NIKE decides to remove such User Content, you will not be given any advance notice of removal. | |
| 251 | 340 | |
| 252 | **JAPAN** | |
| 341 | INDONESIA | |
| 253 | 342 | |
| 254 | **Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY):** this section is modified as follows: | |
| 343 | Section 14 (MODIFICATION AND TERMINATION): This section is modified to add the following paragraph at the end of the section: | |
| 255 | 344 | |
| 256 | The sub-section titled "LIMITATION OF LIABILITY" is deleted in its entirety and replaced with the following: | |
| 345 | You agree to waive the provision of Article 1266 of the Indonesian Civil Code, to the extent that a prior court order is required to terminate these Terms with you and/or restrict your use of all or any part of the Services. | |
| 257 | 346 | |
| 258 | **LIMITATION OF LIABILITY.** NONE OF THE NIKE PARTIES WILL BE LIABLE FOR ANY 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. | |
| 347 | Section 17 (MISCELLANEOUS): This section is modified to add the following paragraph at the end of the section: | |
| 259 | 348 | |
| 260 | **Section 10 (DISPUTES/ADDITIONAL TERMS)**: this section is modified as follows: | |
| 349 | Language | |
| 261 | 350 | |
| 262 | The sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety and replaced with the following: | |
| 351 | These Terms are made in both the English language and the Indonesian language. Both texts are equally valid. In case of any inconsistency or different interpretation between the English text and the Indonesian text, the English text shall be the prevailing language, and the relevant Indonesian text shall be deemed to be automatically amended to conform with, and to make it consistent with, the relevant English text. | |
| 263 | 352 | |
| 264 | **"Choice of Law/Jurisdiction** | |
| 353 | JAPAN | |
| 265 | 354 | |
| 266 | - You agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE shall be governed in all respects by Japanese law, without regard to choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods. | |
| 267 | - 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 courts located in Tokyo, Japan. | |
| 268 | - 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. | |
| 355 | Section 1 (TERMS APPLICABLE TO YOU): The subsection titled "Updates" is deleted and replaced with the following: | |
| 269 | 356 | |
| 270 | ### KOREA | |
| 357 | We may update these Terms from time to time. The "date of last revision" above indicates when these Terms were last updated. If we make updates, we may also send you a notification. Unless we indicate otherwise, updated Terms will be effective after posting in accordance with applicable law and your continued use of the Services, purchase of additional Products, or participation in Experiences will confirm your acceptance of the updates. | |
| 271 | 358 | |
| 272 | ### The following location-based service provider terms apply to your use of and access to the Nike Running Club app and the Nike Training Club app: [location-based service provider terms.](https://agreementservice.svs.nike.com/rest/agreement/LBSProvider/en/NL/com.nike/redirect/true) In the event of any conflict between the location-based service provider terms and these Terms, these Terms shall govern. | |
| 359 | Section 13 (LIMITATION OF LIABILITY): This section is deleted and replaced with the following: | |
| 273 | 360 | |
| 274 | **PHILIPPINES** | |
| 361 | 1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NIKE NOR ANY OF THE NIKE PARTIES WILL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA, ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, SERVICES, OR EXPERIENCES, EVEN IF NIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PRODUCTS AND SERVICES AND YOUR PARTICIPATION IN EXPERIENCES. YOUR ONLY REMEDY AGAINST ANY NIKE PARTY IN CONNECTION WITH ANY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, SERVICES, OR EXPERIENCES IS TO STOP USING THE PRODUCTS AND SERVICES AND TO STOP PARTICIPATING IN EXPERIENCES. | |
| 362 | 2. IF NIKE OR ONE OF THE OTHER NIKE PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, SERVICES, OR EXPERIENCES, THE MAXIMUM AGGREGATE LIABILITY OF NIKE AND THE OTHER NIKE PARTIES SHALL NOT EXCEED THE LESSER OF (I) US $100.00 (OR THE EQUIVALENT OF US $100.00 IN THE LEGAL CURRENCY OF YOUR COUNTRY OR REGION) OR, IF YOU LIVE IN EUROPE, EURO €100.00; AND (II) THE AMOUNT PAID BY YOU TO NIKE FOR THE APPLICABLE SERVICES, PRODUCTS, OR EXPERIENCES GIVING RISE TO SUCH LIABILITY. | |
| 363 | 3. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER BASIS, EVEN IF NIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitations set forth in this Section will not limit liability for the intentional or gross negligence of NIKE or the other NIKE Parties. | |
| 275 | 364 | |
| 276 | **Section 2 (OWNERSHIP OF CONTENT):** The third bullet point of this Section is revised as follows: | |
| 365 | Section 16 (DISPUTES, JURISDICTION, VENUE): This section is deleted and replaced with the following: | |
| 277 | 366 | |
| 278 | - To the extent NIKE approves the download or use of Content comprised of copyrights or copyrightable works, NIKE grants you a limited, personal, non-transferable, and non-assignable right to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as NIKE makes such Content generally available to the public. You do not acquire any ownership rights or any form of licence in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. NIKE reserves the right to monitor your use and to alter or revoke the same or your access to the Content at any time and for any reason. NIKE reserves the right to take down any Content in violation of these terms or NIKE's intellectual property rights. NIKE allowing you this limited use does not constitute a waiver of any of Nike's rights to the Content. | |
| 367 | Applicable Law | |
| 279 | 368 | |
| 280 | **Section 3 (POSTING CONTENT OF THE PLATFORM)**: This section is revised as follows: | |
| 369 | Any disputes, claims, controversies, or legal proceedings arising out of or relating to these Terms, the Products, Services, or Experiences (each a "Claim") will be governed by and in all respects construed and enforced in accordance with Japanese law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. The U.N. Convention on Contracts for the International Sale of Goods will not apply. | |
| 281 | 370 | |
| 282 | **User Content Licence**. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as "User Content". Nike is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you agree as follows: | |
| 371 | Venue | |
| 283 | 372 | |
| 284 | - You represent that you have the right to post your User Content, and you agree to execute all relevant documents to grant NIKE a non-exclusive, perpetual, 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. NIKE may, in its sole discretion, remove any User Content at any time. | |
| 285 | - You understand that deleted User Content may persist in NIKE's systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law. | |
| 373 | Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, all Claims shall be resolved individually, without resort to any form of class action or any other kind of representative proceeding, and exclusively in the state or federal courts located in Tokyo, Japan. You and NIKE waive any objection to venue in any such courts. | |
| 286 | 374 | |
| 287 | **Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY):** The sub-section titled "LIMITATION OF LIABILITY" is deleted and replaced with the following: | |
| 375 | Time to Bring a Claim | |
| 288 | 376 | |
| 289 | "To the extent allowed under applicable law, none of the NIKE parties will be liable for any special, incidental 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. 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, without prejudice to any applicable law." | |
| 377 | To the extent permitted by law, a Claim must be brought within one (1) year after the Claim arises; otherwise, the Claim is permanently barred, which means that you or NIKE will no longer have the right to assert that Claim against the other. | |
| 290 | 378 | |
| 291 | **Section 10 (DISPUTES/ADDITIONAL TERMS):** The first bullet point under the sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety. | |
| 379 | PHILIPPINES | |
| 292 | 380 | |
| 293 | **EUROPEAN COUNTRIES** | |
| 381 | Section 4 (USER CONTENT): The subsection titled "Content You Submit" is revised to add the following: | |
| 294 | 382 | |
| 295 | **The following revisions apply to all European countries, except Austria, France, Germany, Italy, Poland and Switzerland, which have other specific revisions to these terms applicable to European Countries.** | |
| 383 | You represent that you have the right to post your User Content, and you agree to execute all relevant documents to grant NIKE a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide licence to use any of the User Content that you post on or in connection with the Services, 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 commercial purposes and other purposes consistent with these Terms and other Supplemental Terms, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. NIKE may, in its sole discretion, remove any User Content at any time. | |
| 296 | 384 | |
| 297 | **Section 10 (DISPUTES/ADDITIONAL TERMS)**: this section is modified as follows: | |
| 385 | You understand that deleted User Content may persist in NIKE's systems and on the Services to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant data subject request deletion or blocking of personal data in accordance with applicable law. | |
| 298 | 386 | |
| 299 | The sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged): | |
| 387 | Section 13 (LIMITATION OF LIABILITY): Subsection (1) of this section is deleted and replaced with the following: | |
| 300 | 388 | |
| 301 | **"Choice of Law/Jurisdiction** | |
| 389 | 1. To the extent allowed under applicable law, none of the NIKE Parties will be liable for any special, incidental 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 Services, the Products, conduct of other users of the Services (whether online or offline), attendance at an Experience, or any User Content or any other activity in connection with the use of the Services, even if NIKE has been advised of the possibility of such damages. | |
| 302 | 390 | |
| 303 | - 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. | |
| 304 | - 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." | |
| 391 | THAILAND | |
| 305 | 392 | |
| 306 | **AUSTRIA** | |
| 393 | Section 6 (USER CODE OF CONDUCT): This section is modified to add the following paragraph at the end of the section: | |
| 307 | 394 | |
| 308 | **Section 10 (DISPUTES/ADDITIONAL TERMS):** this section is replaced with the version for European Countries below, except the following is added at the end: | |
| 395 | NIKE has adopted a policy of removing or disabling access to illegal Content upon proper notice. If you believe that any Content on the Services violates applicable Thai laws, including the Thai Computer Crimes Act B.E. 2550 (2007), you may provide us with written notification at the address set out below. Please provide us with the information required under the Notification of Ministry of Digital Economy and Society as follows: | |
| 309 | 396 | |
| 310 | "All claims shall be brought within three (3) years after the claim arises." | |
| 397 | 1. Your full name, address, and signature or the signature of your authorised agent acknowledging that there was Illegal Content on the Services; | |
| 398 | 2. Details of the claimed Illegal Content; | |
| 399 | 3. Details of the damage caused to you, another user or any third party; and | |
| 400 | 4. A representation that the details provided in (1) - (3) above are true. | |
| 311 | 401 | |
| 312 | **BELGIUM** | |
| 402 | If your complaint fails to provide any of the above specified items, we may be unable to act on it. | |
| 313 | 403 | |
| 314 | **Section 3 (POSTING CONTENT ON THE PLATFORM):** this section is modified as follows: | |
| 404 | Please consult your legal advisor before filing a complaint of illegal Content with us, as there may be penalties for false claims. | |
| 315 | 405 | |
| 316 | The first bullet point paragraph under the sub-section titled "USER CONTENT LICENCE" is deleted in its entirety and replaced with the following: | |
| 406 | Send illegal Content complaints to: | |
| 317 | 407 | |
| 318 | "You grant NIKE a non-exclusive, perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights which may lie in the User Content), 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, promotional and operational use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights." | |
| 408 | Copyright Agent - Illegal Content | |
| 319 | 409 | |
| 320 | The sub-section titled "LICENCE TO USE COMMENTS, FEEDBACK AND IDEAS" is deleted in its entirety and replaced with the following: | |
| 410 | NIKE, Inc. | |
| 321 | 411 | |
| 322 | **"LICENCE TO USE COMMENTS, FEEDBACK AND IDEAS**. You grant to NIKE a perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights which may lie in the comments, feedback and ideas), worldwide licence 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." | |
| 412 | One SW Bowerman Dr. | |
| 323 | 413 | |
| 324 | **FRANCE** | |
| 414 | Beaverton, OR 97005 | |
| 325 | 415 | |
| 326 | **Section 5 (COPYRIGHT INFRINGEMENT):** the second paragraph in this section is deleted in its entirety and replaced with the following: | |
| 416 | Telephone: 503-671-6453 | |
| 327 | 417 | |
| 328 | "If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information: | |
| 418 | [Enforcement@nike.com](mailto:Enforcement@nike.com) | |
| 329 | 419 | |
| 330 | (1) date of the notification; | |
| 420 | Section 7 (COPYRIGHT INFRINGEMENT): This section is deleted and replaced with the following: | |
| 331 | 421 | |
| 332 | (2) if the claimant is a natural person: name, surname, profession, address, nationality, place and date of birth; | |
| 422 | NIKE has adopted a policy of terminating, in appropriate circumstances, the accounts of users found to infringe the intellectual property rights of others. If you believe that any Content on the Services infringes a copyright that you own or control, you may provide us with written notification at the address set forth below. Please provide us with the information as required under Section 43/6 of the Thai Copyright Act B.E. 2537 (1994) as follows: | |
| 333 | 423 | |
| 334 | (3) if the claimant is a legal person: name, form, registered office and the entity representing it for legal purposes; | |
| 424 | 1. The name and surname or the name of the juristic person, address, telephone number, and email address, so that the copyright owner can be contacted; | |
| 425 | 2. The copyrighted work that is claimed to have been infringed; | |
| 426 | 3. The computer data that is alleged to have infringed copyright and its location, with sufficient details to allow the service provider to remove the data from their system or network or to suspend access to it; | |
| 427 | 4. The representative statement that the information provided is true; and | |
| 428 | 5. The signature or electronic signature of the copyright owner. | |
| 335 | 429 | |
| 336 | (4) name and address of the recipient, or if a legal person, its name and registered office; | |
| 430 | If your complaint fails to provide any of the above specified items, we may be unable to act on it. | |
| 337 | 431 | |
| 338 | (5) a description of the facts at issue and the precise location; | |
| 432 | Please consult your legal advisor before filing a notice of copyright infringement with us, as there may be penalties for false claims. | |
| 339 | 433 | |
| 340 | (6) the grounds on which the content should be withdrawn, including relevant legal provisions and justification of facts; and | |
| 434 | Send copyright infringement complaints to: | |
| 341 | 435 | |
| 342 | (7) a copy of the correspondence sent to the author or editor of the litigious information or activity requesting their interruption, withdrawal or modification or an explanation that the author or editor could not be contact." | |
| 436 | Copyright Agent | |
| 343 | 437 | |
| 344 | **Section 9 (INDEMNIFICATION/LIABILITY):** this section is modified as follows: | |
| 438 | NIKE, Inc. | |
| 345 | 439 | |
| 346 | The sub-section titled "Indemnification and Release" is deleted in its entirety and replaced with the following: | |
| 440 | One SW Bowerman Dr. | |
| 347 | 441 | |
| 348 | **"Indemnification.** 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." | |
| 442 | Beaverton, OR 97005 | |
| 349 | 443 | |
| 350 | The sub-section titled "LIMITATION OF LIABILITY" is deleted in its entirety. | |
| 444 | Telephone: 503-671-6453 | |
| 351 | 445 | |
| 352 | **Section 10 (DISPUTES/ADDITIONAL TERMS)**: the sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety and replaced with the following: | |
| 446 | [Enforcement@nike.com](mailto:Enforcement@nike.com) | |
| 353 | 447 | |
| 354 | **"Choice of Law/Jurisdiction** | |
| 448 | VIETNAM | |
| 355 | 449 | |
| 450 | Section 4 (USER CONTENT): The second paragraph in the subsection titled "Licence to Use" is deleted and replaced with the following: | |
| 451 | ||
| 452 | You hereby irrevocably waive any inalienable "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have under any applicable law or under any legal theory. | |
| 453 | ||
| 454 | Section 7 (COPYRIGHT INFRINGEMENT): The first paragraph of this section is deleted and replaced with the following: | |
| 455 | ||
| 456 | NIKE has adopted a policy of terminating, in appropriate circumstances, the accounts of users found to infringe the intellectual property rights of others. If you believe that any Content on the Services infringes a copyright that you own or control, you may provide us with written notification at the address set forth below. Please see Article 114.4 of Decree No. 17/2023/ND-CP implementing provisions of the Law on Intellectual Property on copyright and related rights ("Copyright Decree") for the requirements of a proper notification and the evidence you must provide. If your complaint fails to provide everything specified in the Copyright Decree, we may be unable to act on it. | |
| 457 | ||
| 458 | Section 17 (MISCELLANEOUS): This section is modified to add the following paragraph at the end of the section: | |
| 459 | ||
| 460 | Language | |
| 461 | ||
| 462 | These Terms are made in both the English and the Vietnamese. Both texts are equally valid. In case of any inconsistency or different interpretation between the English text and the Vietnamese text, the text that is interpreted more favourably to you will prevail. | |
| 463 | ||
| 464 | EUROPEAN COUNTRIES | |
| 465 | ||
| 466 | The following revisions apply to all European countries, except for Austria, Belgium, France, Germany, Hungary, Italy, Netherlands, Poland, Spain, Switzerland, and the United Kingdom, where alternative and/or additional clauses apply. See country-specific paragraphs below for more information. | |
| 467 | ||
| 468 | Section 7 (COPYRIGHT INFRINGEMENT): The first paragraph in this section is deleted and replaced with the following: | |
| 469 | ||
| 470 | NIKE has adopted a policy of terminating, in appropriate circumstances, the accounts of users found to infringe the intellectual property rights of others. If you believe that your work has been improperly copied to the Services, such that it constitutes infringement, please provide us with a written notice including the following information: | |
| 471 | ||
| 472 | (1) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content; (2) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of hosting service; (3) the name and email address of the individual or entity submitting the notice; and (4) a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete. | |
| 473 | ||
| 474 | Section 13 (LIMITATION OF LIABILITY): This section is deleted and replaced with the following: | |
| 475 | ||
| 476 | The total liability of NIKE and any other NIKE Party for any claim arising out of or relating to these Terms, regardless of the form of the action, is limited to the amount paid by you for the affected Services, unless you can demonstrate that the actual losses suffered by you are higher in which case NIKE will be liable to compensate the actual losses suffered and adequately demonstrated by you, provided that NIKE's and any other NIKE Party's total liability will be limited to EUR 10,000. | |
| 477 | ||
| 478 | The limitations set forth in this Section will not limit or exclude liability for death or personal injury, or if it results from the gross negligence, fraud, or wilful misconduct of NIKE or any other NIKE Party or for any other matters in which liability cannot be excluded or limited under applicable law. | |
| 479 | ||
| 480 | To the extent permitted by law and unless otherwise stated in these Terms, we exclude liability for any indirect or consequential damages, including without limitation for any loss of turnover, loss of profit, loss of goodwill, missed opportunities or loss of data. | |
| 481 | ||
| 482 | Section 16 (DISPUTES, JURISDICTION, VENUE): This section is deleted and replaced with the following: | |
| 483 | ||
| 356 | 484 | Nothing 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. |
| 357 | 485 | |
| 358 | - 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. | |
| 359 | - 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. | |
| 360 | - 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." | |
| 486 | You agree that the Services, 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. Regardless of the above choice of law, be reminded that you will enjoy the statutory rights provided in your favour under the applicable laws of your country of residence. | |
| 361 | 487 | |
| 362 | **GERMANY** | |
| 488 | 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 Services (including but not limited to the purchase of Products) shall be resolved exclusively in the competent courts of Amsterdam, the Netherlands. As a consumer, you may also bring a claim before the courts of your country of residence. If you reside in the UK, you may also bring a claim before English courts. | |
| 363 | 489 | |
| 364 | **Section 7 (IMPORTANT DISCLAIMERS):** this section is modified as follows: | |
| 490 | AUSTRIA | |
| 365 | 491 | |
| 366 | The third bullet point in the summary box is deleted in its entirety and replaced with the following: | |
| 492 | Section 4 (USER CONTENT): The second paragraph of the subsection titled "Licence to Use" is deleted and not replaced. | |
| 367 | 493 | |
| 368 | "NIKE is not responsible for any damage (except liability for NIKE's wilful and gross negligent acts and NIKE's personal injuries) caused by your interactions with other users. Please be responsible and take precautions when interacting with people you don't know." | |
| 494 | Section 10 (INDEMNIFICATION): This section is deleted and replaced with the following: | |
| 369 | 495 | |
| 370 | The last bullet point paragraph under the sub-section titled "PHYSICAL ACTIVITY" is deleted in its entirety and replaced with the following: | |
| 496 | You agree to indemnify, defend, and hold harmless NIKE, Inc. and its subsidiaries and affiliates and each of its and their respective officers, directors, shareholders, employees, agents, distributors, representatives, contractors, licensors, suppliers, successors, assigns, and insurers, and all Experience sponsors, advertisers, volunteers, staff, and owners or lessors of premises used in connection with an Experience (individually and collectively, the "NIKE Parties") from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, solicitors' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Services, 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. | |
| 371 | 497 | |
| 372 | "To the maximum extent allowed by applicable law, NIKE is not responsible or liable for any damages (except liability for NIKE's wilful and gross negligent acts and NIKE's personal injuries) you may sustain that result from your use of, or inability to use, the Platform." | |
| 498 | Section 12 (WARRANTIES; DISCLAIMERS): | |
| 373 | 499 | |
| 374 | The sub-section titled "WARRANTY DISCLAIMER", including all of the bullet points therein, is deleted in its entirety. | |
| 500 | The first sentence of this clause is deleted and replaced with the following: | |
| 375 | 501 | |
| 376 | **Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY):** this section is modified as follows: | |
| 502 | The disclaimers set forth in this Section apply without prejudice to the provisions of Section titled "Limitation of Liability." | |
| 377 | 503 | |
| 378 | The sub-section titled "INDEMNIFICATION AND RELEASE" is deleted in its entirety. | |
| 504 | The following words are added at the end of the clause: "or any statutory warranty." | |
| 379 | 505 | |
| 380 | The sub-section titled "LIMITATION OF LIABILITY" is deleted in its entirety and replaced with the following: | |
| 506 | Section 13 (LIMITATION OF LIABILITY): This section is deleted and replaced with the following: | |
| 381 | 507 | |
| 382 | **"LIMITATION OF LIABILITY.** Any liability of NIKE and its affiliates, and their officers, directors, shareholders, employees and agents (the "Released Parties") is limited to cases of intent or gross negligence. In cases of slight negligence, the Released Parties are only liable if an essential contractual duty, whose violation endangers the purpose of the contract or whose performance is required to achieve this purpose and in whose performance the consumer trusts (so called "cardinal duties") has been violated. In this case, the liability is limited to damages that are typical and foreseeable. This limitation of liability does not apply to claims under product liability law and in the case of bodily harm or death." | |
| 508 | Any liability of NIKE and its affiliates, and their officers, directors, shareholders, employees and agents (the "Released Parties") is limited to cases of intent or gross negligence. In cases of slight negligence, the Released Parties are only liable if an essential contractual duty, whose violation endangers the purpose of the contract or whose performance is required to achieve this purpose and in whose performance the consumer trusts (so called "cardinal duties") has been violated. In this case, the liability is limited to damages that are typical and foreseeable. This limitation of liability does not apply to claims under product liability law and in the case of bodily harm or death. | |
| 383 | 509 | |
| 384 | **Section 10 (DISPUTES/ADDITIONAL TERMS):** this section is replaced with the version for European Countries above, except the following is added at the end: | |
| 510 | BELGIUM | |
| 385 | 511 | |
| 386 | "All claims shall be brought within two (2) years after the claim arises." | |
| 512 | Section 4 (USER CONTENT): The second paragraph of the subsection titled "Licence to Use" is deleted and not replaced. | |
| 387 | 513 | |
| 388 | **HUNGARY** | |
| 514 | Section 11 (RELEASE): This section is deleted and replaced with the following: | |
| 389 | 515 | |
| 390 | **Introductory Paragraphs**: The second bullet point in the first section above titled "Terms of Sale" is amended by adding the following: | |
| 516 | To the fullest extent permitted by applicable law, 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 arising from or relating to these Terms, the Services, Products, or Experiences, provided that such claims or causes of action for damages arising from or relating to these Terms or the Services, are solely attributable to you and your use of these Terms or the Services. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." | |
| 391 | 517 | |
| 392 | "These Terms constitute an implied agreement between you and NIKE, unless otherwise meeting the requirements of written agreements under Hungarian Law." | |
| 518 | FRANCE | |
| 393 | 519 | |
| 394 | **ITALY** | |
| 520 | Section 4 (USER CONTENT): The second paragraph of the subsection titled "Licence to Use" is deleted and not replaced. | |
| 395 | 521 | |
| 396 | **Section 7 (IMPORTANT DISCLAIMERS):** this section is modified as follows: | |
| 522 | Section 5 (FEEDBACK AND IDEAS): This section is deleted and replaced with the following: | |
| 397 | 523 | |
| 398 | The last bullet point paragraph under the sub-section titled "PHYSICAL ACTIVITY" is deleted in its entirety and replaced with the following: | |
| 524 | We typically do not review unsolicited suggestions, ideas, feedback, or other materials that you post, submit, or otherwise communicate to us about NIKE or our Services, Products, or Experiences (collectively, "Feedback"). However, any Feedback you send us is provided on a non-confidential basis and you grant NIKE and its subsidiaries and affiliates, for the duration of the legal protection of the intellectual property rights, a licence to use such Feedback for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to, for the purpose of developing, manufacturing, and marketing products and services. | |
| 399 | 525 | |
| 400 | "To the maximum extent allowed by applicable law, NIKE is not responsible or liable for any damages you may sustain that result from your use of, or inability to use, the features on the Platform, except in the event of fraud or gross negligence by Nike." | |
| 526 | Section 10 (INDEMNIFICATION): This section is deleted and replaced with the following: | |
| 401 | 527 | |
| 402 | The sub-section titled "USER INTERACTIONS" is deleted in its entirety and replaced with the following: | |
| 528 | 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, solicitors' fees, arising from or relating in any way to your violation of these Terms of Use, any law or the rights of any third party, including without limitation with regard to your User Content, your use of Content, your use of the Services, your conduct in connection with the Platform or with other Platform users. | |
| 403 | 529 | |
| 404 | "USER INTERACTIONS. We are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions, except in the event of fraud or gross negligence by Nike. | |
| 530 | Section 11 (RELEASE): This section is deleted and not replaced. | |
| 405 | 531 | |
| 406 | Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. NIKE is under no obligation to become involved with any user dispute (but may do so at its own discretion) except in the event of fraud or gross negligence by Nike." | |
| 532 | Section 12 (WARRANTIES; DISCLAIMERS): This section is deleted and not replaced. | |
| 407 | 533 | |
| 408 | **Section 10 (DISPUTES/ADDITIONAL TERMS):** the sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged): | |
| 534 | Section 13 (LIMITATION OF LIABILITY): This section is deleted and not replaced. | |
| 409 | 535 | |
| 410 | **"Choice of Law/Jurisdiction** | |
| 536 | Section 14 (MODIFICATION AND TERMINATION): The second paragraph of this section is deleted and replaced with the following: | |
| 411 | 537 | |
| 412 | - 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, subject to any statutory provisions of applicable law which may apply regardless of any different choice of law. | |
| 413 | - 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 court of the place where you are resident or domiciled." | |
| 538 | To the fullest extent permitted by applicable laws, NIKE may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Services or your ability to participate in Experiences if you violate these Terms of Use, any law or the rights of any third party, by giving you thirty (30) days written notice. | |
| 414 | 539 | |
| 415 | **POLAND** | |
| 540 | GERMANY | |
| 416 | 541 | |
| 417 | **Section 10 (DISPUTES/ADDITIONAL TERMS):** the sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged): | |
| 542 | Section 1 (TERMS APPLICABLE TO YOU): This section is modified as follows: | |
| 418 | 543 | |
| 419 | **"Choice of Law/Jurisdiction** | |
| 544 | The subsection titled "Updates" is replaced by the following: | |
| 420 | 545 | |
| 421 | - The Platform, Terms, and any dispute between you and NIKE shall be governed in all respects by Polish law. | |
| 422 | - 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 in the courts competent under applicable law." | |
| 546 | We may update these Terms from time to time. The "date of last revision" above indicates when these Terms were last updated. If we make updates, | |
| 423 | 547 | |
| 424 | **SWITZERLAND** | |
| 548 | 1. we will send to you, at least 30 days before the amendment comes into force, the updated Terms, highlighting the updated clauses and the date of the coming into force of the amendment; and | |
| 549 | 2. you may refuse the amendment and rescind or cancel the contract by sending NIKE a notice to that effect. | |
| 425 | 550 | |
| 426 | **Section 10 (DISPUTES/ADDITIONAL TERMS):** the sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged): | |
| 551 | Section 8 (PARTNERS ON THE PLATFORM): The last sentence of this section is deleted and not replaced. | |
| 427 | 552 | |
| 428 | **"CHOICE OF LAW/JURISDICTION** | |
| 553 | Section 10 (INDEMNIFICATION): This section is deleted and not replaced. | |
| 429 | 554 | |
| 430 | - You agree that the Platform, Terms, and any dispute between you and NIKE shall be governed in all respects by the substantive laws of Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 UN Convention on Contracts for the International Sale of Goods. | |
| 431 | - You agree that all disputes arising directly or indirectly out of or in connection with the Platform and these Terms of Use, shall be subject to the exclusive jurisdiction of the competent courts of the city of Zurich, Switzerland." | |
| 555 | Section 11 (RELEASE): This section is deleted and replaced with the following: | |
| 556 | ||
| 557 | You hereby release and discharge the NIKE Parties from any and all claims or causes of action you may have for damages arising from or relating to these Terms, the Services, Products, or Experiences. | |
| 558 | ||
| 559 | Section 12 (WARRANTIES; DISCLAIMERS): This section is deleted and not replaced. | |
| 560 | ||
| 561 | Section 13 (LIMITATION OF LIABILITY): This section is deleted and replaced with the following: | |
| 562 | ||
| 563 | Any liability of one or more of the NIKE Parties is limited to cases of intent or gross negligence. In cases of slight negligence, NIKE and its agents are only liable if an essential contractual duty, whose violation endangers the purpose of the contract or whose performance is required to achieve this purpose and in whose performance the consumer trusts (so-called "cardinal duties") has been violated. In this case, the liability is limited to damages that are typical and foreseeable. This limitation of liability does not apply to claims under product liability law and in the case of bodily harm or death. | |
| 564 | ||
| 565 | Section 14 (TERMINATION): This section is deleted and replaced with the following: | |
| 566 | ||
| 567 | NIKE may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Services or your ability to participate in Experiences at any time if you violate the terms and conditions of these Terms. In this case, we will inform you in advance of the reason and the extent of the intended measures and give you the opportunity to give a statement. After receiving the statement, we will inform you of our decision. Our right to terminate your account for cause without notice remains unaffected. | |
| 568 | ||
| 569 | Section 17 (MISCELLANEOUS): The section titled "Severability" is deleted and replaced with the following: | |
| 570 | ||
| 571 | If any provision in these Terms has not become part of the contract in whole or in part, or is invalid, the remainder of the Terms remains valid. | |
| 572 | ||
| 573 | HUNGARY | |
| 574 | ||
| 575 | Section 4 (USER CONTENT): The second paragraph of the subsection titled "Licence to Use" is deleted and not replaced. | |
| 576 | ||
| 577 | Section 12 (WARRANTIES; DISCLAIMERS): This section is deleted and replaced with the following: | |
| 578 | ||
| 579 | Your use of our Services and Products and your participation in Experiences, and any content or materials provided therein or therewith is at your sole risk. Our Products, Services, Experiences and any content or materials provided therein or therewith are provided "AS IS" and "AS AVAILABLE" without any representation or warranties of any kind, whether express, implied, or statutory. NIKE will not be liable for any failure if your digital environment is not compatible with the technical requirements of the digital content or digital service. | |
| 580 | ||
| 581 | Under what circumstances can you exercise your guarantee rights? | |
| 582 | ||
| 583 | In case of non-conformity, you can make a claim against NIKE based on the Hungarian Civil Code. | |
| 584 | ||
| 585 | What rights do you have under a guarantee claim? | |
| 586 | ||
| 587 | You can choose from the following remedies: | |
| 588 | ||
| 589 | - Request a repair or replacement, unless it is not feasible or would impose disproportionate extra costs on NIKE compared to another solution. | |
| 590 | - The consumer has the right to request a proportionate reduction of the price or to terminate the contract for the supply of the Services, Products or Experiences, in proportion to the seriousness of the breach of contract, if: | |
| 591 | - the repair or replacement is impossible or would result in disproportionate additional costs for NIKE; | |
| 592 | - NIKE has not replaced the Services, Products or Experiences free of charge within a reasonable time; | |
| 593 | - a repeated failure to comply with the contract has occurred despite NIKE's attempts to bring the Services, Products or Experiences into conformity with the contract; | |
| 594 | - the non-performance is of such a serious nature as to justify immediate price reduction or termination of the contract; | |
| 595 | - NIKE has not undertaken to bring the Services, Products or Experiences into conformity with the contract or it is clear from the circumstances that NIKE will not bring the Services, Products or Experiences into conformity with the contract within a reasonable time or without significant detriment to the consumer. | |
| 596 | ||
| 597 | You cannot repair the defect yourself or have it repaired by someone else at the business's expense when exercising your rights under the guarantee. You can switch from one warranty right to another, but you will bear the cost of the switch unless it was justified, or NIKE provided a reason for it. | |
| 598 | ||
| 599 | If NIKE provides or undertakes to provide Services, Products or Experiences and the consumer provides or undertakes to provide only personal data, the consumer is entitled to terminate the contract even in the event of a minor defect but cannot claim a proportionate reduction of the price. | |
| 600 | ||
| 601 | What is the time limit for filing a guarantee claim? | |
| 602 | ||
| 603 | You must notify us of the non-conformity as soon as you discover it, but no later than two months after discovering the non-conformity. Be aware that after two years from the completion of the contract, you can no longer enforce your guarantee claim. | |
| 604 | ||
| 605 | Against whom can you lodge a guarantee claim? | |
| 606 | ||
| 607 | You can lodge a guarantee claim against NIKE for any non-conformity. | |
| 608 | ||
| 609 | What other conditions apply to exercising your rights to the guarantee? | |
| 610 | ||
| 611 | Within one year from the date of performance, there are no other conditions for enforcing your guarantee claim except for notifying us of the non-conformity, provided that you can prove the Services, Products or Experiences was purchased from NIKE or in connection with the Services, Products or Experiences, NIKE also processes your data for purposes that are not solely related to the conclusion of the contract or the fulfilment of legal obligations. However, after one year from the date of performance, you are required to prove that the non-conformity you identified already existed at the time of performance. | |
| 612 | ||
| 613 | Section 16 (DISPUTES, JURISDICTION, VENUE): This section is replaced with the version for European Countries above, with the following addition: | |
| 614 | ||
| 615 | In line with the provisions of Act CLV of 1997 on Consumer Protection, if any consumer dispute between you and NIKE remains unresolved through negotiations, you, as a consumer, have the right to approach the Arbitration Board that has jurisdiction over your place of residence or domicile to initiate proceedings, or you may apply to the Arbitration Board that has jurisdiction over NIKE's place of establishment. | |
| 616 | ||
| 617 | The contact details of the Arbitration Boards are available here: [https://bekeltetes.hu/udvozlo](https://bekeltetes.hu/udvozlo) | |
| 618 | ||
| 619 | (The Budapest Arbitration Board has its registered office at 1016 Budapest, Krisztina krt. 99., III. floor. 310.; contact details: Postal address: 1253 Budapest, PO Box 10; E-mail address: bekelteto.testulet@bkik.hu; Fax: 06 (1) 488 21 86; Telephone: 06 (1) 488 21 31). | |
| 620 | ||
| 621 | ITALY | |
| 622 | ||
| 623 | Section 4 (USER CONTENT): The second paragraph of the subsection titled "Licence to Use" is deleted and not replaced. | |
| 624 | ||
| 625 | Section 14 (MODIFICATION AND TERMINATION): The first paragraph of this section is deleted and replaced with the following: | |
| 626 | ||
| 627 | To the fullest extent permitted by applicable laws, NIKE may for valid reasons such as changes in the legal regulation, imposition of specific obligations by the authorities, improvement of the operation of the Services, Products or Experiences, business decisions etc. terminate or modify all or part of any Services, including member programmes, Product offerings, and Experiences at any time. If required under applicable laws, the user will be notified of those changes. All modifications and additions to the Services, Product offerings, and Experiences will be governed by these Terms, unless otherwise expressly stated by NIKE in writing. | |
| 628 | ||
| 629 | NETHERLANDS | |
| 630 | ||
| 631 | Section 4 (USER CONTENT): The second paragraph of the subsection titled "Licence to Use" is deleted and not replaced. | |
| 632 | ||
| 633 | Section 10 (INDEMNIFICATION): This section is deleted and not replaced. | |
| 634 | ||
| 635 | POLAND | |
| 636 | ||
| 637 | Section 1 (TERMS APPLICABLE TO YOU): the subsection titled "Updates" is subject to the following restrictions: | |
| 638 | ||
| 639 | 1. We may update these Terms from time to time due to the following reasons: changes in legal regulations that directly affect the content of these Terms; imposition of specific obligations by state authorities; improvement of the operation of the Services, Products or Experiences; improvement of privacy protection; prevention of abuse; security considerations; technological and functional changes; changes in the scope of services provided, including the introduction of new ones; or editorial changes. | |
| 640 | 2. At least 30 days before the change takes effect, NIKE must send you a written notice, written in a clear and legible manner, setting out reasons for introducing the change, the new clause and the effective date of the change; and | |
| 641 | 3. You may reject the amendment and cancel the contract or, where the contract involves performance in stages, cancel the contract without payment of costs, penalties or damages for cancellation by sending NIKE a notice to that effect no later than 30 days after the amendment comes into force if the amendment involves an increase in your obligations or a reduction in NIKE's obligations. | |
| 642 | ||
| 643 | Section 4 (USER CONTENT): The second paragraph of the subsection titled "Licence to Use" is deleted and not replaced. | |
| 644 | ||
| 645 | Section 11 (RELEASE): This section is deleted and not replaced. | |
| 646 | ||
| 647 | Section 14 (MODIFICATION AND TERMINATION): This section is deleted and replaced with the following: | |
| 648 | ||
| 649 | NIKE may terminate or modify all or part of any Services, including member programmes, Product offerings, and Experiences at any time and in accordance with Section 1. All modifications and additions to the Services, Product offerings, and Experiences will be governed by these Terms, unless otherwise expressly stated by NIKE in writing. | |
| 650 | ||
| 651 | NIKE may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Services or your ability to participate in Experiences at any time and for any reason, in accordance with sub-section "Updates", while retaining acquired your rights, subject to applicable law. | |
| 652 | ||
| 653 | These Terms remain in effect even after your account is closed, terminated, or suspended or you have otherwise stopped using the Services and stopped participating in Experiences. | |
| 654 | ||
| 655 | Section 16 (DISPUTES, JURISDICTION, VENUE): This section is deleted and replaced with the following: | |
| 656 | ||
| 657 | The Services, Terms, and any dispute between you and NIKE shall be governed in all respects by Polish law. | |
| 658 | ||
| 659 | All disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Services shall be resolved in the courts competent under applicable law. | |
| 660 | ||
| 661 | You have the right to lodge a complaint regarding the functioning of the Services, Products or Experiences. Complaints may be lodged in any way that makes it possible to familiarise oneself with its content. NIKE shall consider the complaint within 30 days of its receipt. The response to the complaint shall be sent to You at the address provided by You in the complaint. | |
| 662 | ||
| 663 | Disputes between NIKE and the consumer concerning the provision of Services, Products, or Experiences may be concluded amicably by way of proceedings before a conciliation court under the rules set out in the regulations of that court, e.g. before permanent conciliation consumer courts at provincial trade inspection inspectors referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection, under rules laid down in the Regulation of the Minister of Justice of 6 July 2017 on defining the rules of organisation and operation of permanent arbitration courts at provincial inspectors of trade inspection. | |
| 664 | ||
| 665 | SPAIN | |
| 666 | ||
| 667 | Section 4 (USER CONTENT): The second paragraph of the subsection titled "Licence to Use" is deleted and not replaced. | |
| 668 | ||
| 669 | Section 11 (RELEASE): This section is deleted and replaced with the following: | |
| 670 | ||
| 671 | To the fullest extent permitted by applicable law, 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 arising from or relating to these Terms, the Services, Products, or Experiences, provided that such claims or causes of action for damages arising from or relating to these Terms or the Services, are solely attributable to you and your use of these Terms or the Services. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." | |
| 672 | ||
| 673 | Section 12 (WARRANTIES; DISCLAIMERS): The following sentence is added at the end of this section: | |
| 674 | ||
| 675 | The foregoing disclaimer of warranty does not apply to any statutory warranty. | |
| 676 | ||
| 677 | Section 14 (MODIFICATION AND TERMINATION): The first paragraph of this section is deleted and replaced with the following: | |
| 678 | ||
| 679 | To the fullest extent permitted by applicable laws, NIKE may for valid reasons such as changes in the legal regulation, imposition of specific obligations by the authorities, improvement of the operation of the Services, Products or Experiences, business decisions etc. terminate or modify all or part of any Services, including member programmes, Product offerings, and Experiences at any time. If required under applicable laws, user will be notified of those changes. All modifications and additions to the Services, Product offerings, and Experiences will be governed by these Terms, unless otherwise expressly stated by NIKE in writing. | |
| 680 | ||
| 681 | SWITZERLAND | |
| 682 | ||
| 683 | Section 4 (USER CONTENT): The second paragraph of the subsection titled "Licence to Use" is deleted and not replaced. | |
| 684 | ||
| 685 | Section 16 (DISPUTES, JURISDICTION, VENUE): This section is deleted and replaced with the following: | |
| 686 | ||
| 687 | You agree that the Services, Terms, and any dispute between you and NIKE shall be governed in all respects by the substantive laws of Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 UN Convention on Contracts for the International Sale of Goods. | |
| 688 | ||
| 689 | Except to the extent mandatory law provides otherwise, you agree that all disputes arising directly or indirectly out of or in connection with the Services and these Terms of Use, shall be subject to the exclusive jurisdiction of the competent courts of the city of Zurich, Switzerland. | |
| 690 | ||
| 691 | UNITED KINGDOM | |
| 692 | ||
| 693 | Section 10 (INDEMNIFICATION): This section is deleted and replaced with the following: | |
| 694 | ||
| 695 | To the fullest extent permitted by applicable law, you will indemnify and hold harmless NIKE, Inc. and its affiliates, and their officers, directors, shareholders, employees and agents (the "Released Parties") from and against all losses suffered or incurred (including reasonable solicitors' fees), arising from or relating in any way to (i) your access to or use of the Services or Products in breach of these Terms; (ii) your access to or participation in Experiences in breach of these Terms; (iii) your User Content or Feedback; or (iv) your violation of these Terms, any law or the rights of any third party (including intellectual property rights or privacy rights). The Released Parties will have control of the defence or settlement, at the Released Parties' sole option, of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and NIKE or the other Released Parties. | |
| 696 | ||
| 697 | Section 12 (WARRANTIES, DISCLAIMERS): This section is deleted and replaced with the following: | |
| 698 | ||
| 699 | To the maximum extent permitted by applicable law, your use of our Services and Products and your participation in Experiences, and any content or materials provided therein or therewith is at your risk. Except as otherwise provided in writing by us and to the fullest extent permitted under applicable law, our Products, Services, Experiences and any content or materials provided therein or therewith are provided "AS IS" and "AS AVAILABLE" without any representation or warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by applicable law, NIKE does not represent or warrant that our Products, Services, Experiences, or any content provided therein or therewith are accurate, complete, reliable, current, or error-free, that access to our Services or any content provided therein or therewith will be uninterrupted. NIKE is not responsible for any damage to your Device resulting from accessing the Services, for your interactions with other users of the Services or other Experience participants, or for any damage or harm you may experience because of these interactions. We hope you enjoy and get the full benefit of the Services, Products, and Experiences; however, we do not guarantee any results. The foregoing disclaimer of warranty does not apply to any product or manufacturer warranty expressly offered by NIKE and/or any third-party manufacturer of Products. | |
| 700 | ||
| 701 | Section 13 (LIMITATION OF LIABILITY): This section is deleted and replaced with the following: | |
| 702 | ||
| 703 | The total liability of NIKE and the Released Parties for any claim arising out of or relating to these Terms of Use, regardless of the form of the action, is limited to the amount paid by you for the affected Product, unless you can demonstrate that the actual losses suffered by you are higher in which case NIKE will be liable to compensate the actual losses suffered and adequately demonstrated by you, provided that NIKE's total liability will be limited to EUR 10,000. In respect of any Services for which no fee is payable, NIKE's total liability will be limited to EUR 10,000. | |
| 704 | ||
| 705 | The limitations set forth in this Section 13 will not limit or exclude liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or wilful misconduct of NIKE or any of the Released Parties or for any other matters in which liability cannot be excluded or limited under applicable law including breach of the terms implied by section 12 of the Sale of Goods Act 1979 and liability for defective products under the Consumer Protection Act 1987 and the Consumer Rights Act 2015. | |
| 706 | ||
| 707 | To the extent permitted by law and unless otherwise stated in these Terms of Use, we exclude liability for any indirect or consequential damages, including without limitation for any loss of turnover, loss of profit, loss of goodwill, missed opportunities or loss of data. |