All intellectual property on the website is owned by NIKE or its licensors. This includes materials protected by copyright, trademark, or patent laws. The content in the website, including but not limited to text, graphics or code is a collective work under the United States and other copyright laws; All rights reserved. All trademarks, service marks and trade names (e.g., the NIKE name, the Swoosh design and the Basketball Player Silhouette (Jumpman) design) are trademarks or registered trademarks of NIKE. Unless otherwise restricted, you may use the content of the website only for your own non-commercial use to place an order or to purchase NIKE products. Any other use is prohibited unless agreed to by NIKE in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the website.
All orders placed through the website are subject to NIKE’s acceptance. This means that NIKE may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, NIKE shall issue you a refund.
Safeguard your User ID/Password
Do not allow anyone else to use your user id/password to access the website. You agree to notify NIKE immediately of any unauthorized use of your user id/password. NIKE shall not be responsible for any loss that results from the unauthorized use of your user id/password, with or without your knowledge.
User Generated Content
“User Generated Content” is communications, materials, information, opinions, and other content posted and/or submitted by users accessing the website.
Be Relevant and Constructive. Stay on topic and post only constructive comments and questions. Unless the website feature asks for it, don’t talk about policies, future products, speculations or rumors about NIKE and NIKE products, or anything else off topic.
Be Courteous. Flaming and insults are prohibited. Do not post content that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context.
Be Private. Do not post personal information, including your email address, IM address, or phone number. Do not solicit personally identifiable information from other website users.
Be Personal. The website is not to be used for any commercial purpose. Do not post any advertising or commercial content whatsoever. Do not post any content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.”
Be Yourself. Do not impersonate anyone else.
Be True. Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, or deceptive, or that promotes illegal activities.
Be Original. You promise that you own or control all rights in any User Generated Content that you post to any NIKE website. You are responsible for ensuring that any User Generated Content that you post does not, and will not, violate anyone else’s rights.
Be Legal. Do not post any content that violates any law. Do not post any content, or take any action, that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to interfere with or disrupt the website.
General Rules for User Generated Content
Content is Not Prescreened. NIKE does not prescreen User Generated Content. Nike does not guarantee the website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable . NIKE is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of Registrants or users on the website. That said, NIKE reserves the right to, edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
Registration. To post some User Generated Content, you must become a registered user (“Registrant”). Registrants must create a user ID and password. You must be at least 13 years of age to become a Registrant. If you are between 13 and 18 years old, you must have your parent/guardian’s permission to use or post User Generated Content.
NIKE Rights to Your Posting. Your User Generated Content is not confidential or proprietary. You grant to NIKE a non-exclusive, non-revocable, worldwide, perpetual right to use your User Generated Content in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign and commercialize without any payment due to you.
Copyright Infringement Complaints
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give NIKE legally sufficient notice to NIKE of infringement. Send copyright infringement complaints to:
Legal Department (Copyright)
One Bowerman Dr., Beaverton, OR 97005
Telephone: (503) 671-6453
Fax: (503) 646-6926
We suggest that you consult your legal advisor before filing a DMCA notice with NIKE’s copyright agent. There can be penalties for false claims under the DMCA.
You agree to indemnify, defend, and hold harmless NIKE, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of this website.
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NIKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NIKE DOES NOT REPRESENT OR WARRANT THAT WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. NIKE DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
NIKE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF NIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST NIKE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF NIKE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, NIKE’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Last Modified: 12 January 2008