Welcome to the NIKE STRENGTH community! You are reading these Terms because you are using the NIKESTRENGTH.com website, digital experience, social media platform, or related product, all of which are part of the NIKE STRENGTH 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 carrier's normal rates and fees apply to your Device.
DIMENSION 6 FITNESS CORPORATION is an authorized licensee of NIKE, Inc. (“NIKE”) and the operator of the NIKE STRENGTH Platform. DIMENSION 6 FITNESS CORPORATION is an independent business that is neither owned nor operated by NIKE.
These Terms create a legally binding agreement between you and DIMENSION 6 FITNESS CORPORATION and its affiliates (which we may refer to as “DIMENSION 6,” “we,” “us,” or “our”) regarding your use of the Platform. A few important points:
- Our Terms May Change. 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.
- Terms of Sale. By making any purchase with us, you also agree to our Terms of Sale.
- 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. DIMENSION 6 is not responsible or liable for your use of the Platform resulting in your ineligibility as an amateur athlete.
1. GROUND RULES
Eligibility. You are only eligible to use the Platform if you are of legal age in your country/region or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries or regions.
Rules for Registration. When you register for an account with our Platform, the following rules apply:
- Be True: Provide accurate and current registration information.
- Be You: Keep your registration personal. Do not register for more than one NIKE STRENGTH account, register a NIKE STRENGTH account on behalf of someone else, or transfer your account.
- Be Secure: Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
- Be Responsible: Inform us immediately of any unauthorized use of your NIKE STRENGTH account. You are responsible for anything that happens through your NIKE STRENGTH account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DIMENSION 6 IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.
- 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 license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
- You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
- To the extent DIMENSION 6 approves the download or use of Content comprised of copyrights or copyrightable works, you are granted a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as DIMENSION 6 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. DIMENSION 6 reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. DIMENSION 6 reserves the right to take down any Content in violation of these terms or DIMENSION 6’s intellectual property rights. DIMENSION 6 allowing you this limited use does not constitute a waiver of any of DIMENSION 6’s or NIKE’s rights to the Content.
- Outside of the specific usage rights granted to you by DIMENSION 6 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 DIMENSION 6’s prior written consent. Unauthorized 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.
- You represent that you have the right to post your User Content, and you grant DIMENSION 6 and NIKE a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license 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. DIMENSION 6 may, in its sole discretion, remove any User Content at any time.
- You understand that deleted User Content may persist in DIMENSION 6’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.
- 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.
- Be Safe.
- Do not do anything that may expose DIMENSION 6 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.
- Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
- Do not use any data mining, robots, scraping or similar data gathering methods.
- Unless we indicate otherwise, our Platform is a public place. Do not post personal information to the Platform - yours or anybody else’s.
- Be Personal.
- 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.
- Do not collect or solicit personal information from other Platform users or send unsolicited messages.
- Do not use automated technology to interact with the Platform.
- 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. We have the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
- Be Yourself. Do not impersonate any person or organization, including athletes or employees of DIMENSION 6 or NIKE.
- HAVE FUN!
- Consider the risks involved and consult with your medical professional before engaging in any physical activity.
- Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Platform.
- TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DIMENSION 6 AND NIKE ARE 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.
- ALWAYS USE SAFE TECHNIQUES AND COMMON SENSE WHEN USING OUR PRODUCTS, WHILE ALSO FOLLOWING ALL WARNINGS AND ASSEMBLY INSTRUCTIONS FOUND ON THE PLATFORM AND/OR PROVIDED WITH THE PRODUCT.
- TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ASSUME ALL LIABILITY, RISKS, AND RESPONSIBILITIES FOR ALL DAMAGE, INJURY, OR DEATH WHICH MAY OCCUR DURING OR FOLLOWING INCORRECT ASSEMBLY, INSTALLATION, OR USE OF ANY NIKE STRENGTH EQUIPMENT SHOWN OR OFFERED FOR SALE ON THE PLATFORM.
- 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. We are under no obligation to become involved with any user dispute, but may do so at its own discretion.
- 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, DIMENSION 6 AND NIKE ARE NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
- We do 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.
- To the fullest extent permitted by law, we disclaim 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.
- You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
- We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.
- 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.
- These Terms remain in effect even after your account is terminated or you have stopped using the Platform.
- You agree that this Platform is a passive platform solely based in Oregon, USA, which does not give rise to personal jurisdictions over any Indemnified Party in jurisdictions other than Oregon.
- 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.
- You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Multnomah County, Oregon.
- All claims shall be brought within 6 months after the claim arises, except to the extent a longer period is required by applicable law.
- By using the Platform, you agree to receive certain electronic communications, subject to applicable law.
- You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- DIMENSION 6 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.
- DIMENSION 6’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or DIMENSION 6’s rights. Users should always assume these Terms apply.
- If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.