{"service":{"name":"Nike","url":"https://agreementservice.svs.nike.com/us/en_us/rest/agreement?agreementType=termsOfUse&uxId=com.nike.commerce.nikedotcom.web&country=US&language=en&requestType=redirect","lang":"ENG","sector":"Sport","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"September 2021"},"document":{"title":"","text":"NIKE TERMS OF USE\nDate of last revision: September 2021\nPLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY\nNIKE PLATFORM.\nIf you live in any of the following countries or regions, additional terms may apply to you\nand are viewable at the bottom of these Terms. We display the country/region within the\nTerms when applicable.  These additional terms override the Terms below to the extent of\nany inconsistency.\nArgentina, Australia, Brazil, Canada, China (for the purpose of these Terms, excluding\nHong Kong, Macao and Taiwan), Colombia, Hong Kong, Japan, Korea,\nPhilippines, all European countries (including specific terms\nfor Austria, Belgium, France, Germany, Hungary, Italy, Poland, and Switzerland).\nWelcome to the NIKE community!  You are reading these Terms because you are using a NIKE\nwebsite, digital experience, social media platform, mobile app, wearable technology, or one of our\nother products or services, all of which are part of NIKE’s Platform (“Platform”).  You may access\nthe Platform through a computer, mobile phone, tablet, console, or other technology, which we\nrefer to here as a “Device”.  Your carrier's normal rates and fees apply to your Device.\nThese Terms create a legally binding agreement between you and NIKE and its affiliates\n(which we may refer to as “NIKE,” “we,” “us,” or “our”) regarding your use of the\nPlatform. Please review our List of Local Entities for the name of the NIKE entity responsible for\nproviding the Platform to you and the appropriate contact information. A few important points:\nOur Terms May Change.  Some jurisdictions do not permit unilateral updates or\nchanges to consumer terms, so this paragraph may not apply to you. \n[See Canada terms.] We may update these Terms from time to time.  If a material change is\nmade, we will post a notice on the Platform or send you a notification.  Read through any\nchanges, and if you don’t agree to them, please stop using the Platform.  If you continue to use\nour Platform after we notify you of changes, you will be deemed to have accepted the updated\nTerms, except to the extent prohibited by applicable law.  \nTerms of Sale.  By making any purchase with us, you also agree to the Terms of Sale that\napply in your country or region. [See Hungarian terms.]\nPrivacy Policy.  Our Privacy Policy describes the collection and use of personal information\non the Platform and applies to your use of the Platform.\nImportant Notice for Amateur Athletes.  You are responsible for ensuring that your\nparticipation on the Platform does not affect your eligibility as an amateur athlete.  Please check\nwith your amateur athletic association for the rules that apply to you.  NIKE is not responsible\nor liable for your use of the Platform resulting in your ineligibility as an amateur athlete. \n1. GROUND RULES\nEligibility.  You are only eligible to use the Platform if you are of legal age in your country/region\nor if you have consent from your parent or guardian.  There may be certain age restrictions for\nspecific Platform services in various countries or regions. [See China (for the purpose of these\nTerms, excluding Hong Kong, Macao and Taiwan) terms.]\nRules for Registration.  When you register for an account with us, the following rules apply:\nBe True:  Provide accurate and current registration information.\n\nBe You:  Keep your registration personal.  Do not register for more than one NIKE account,\nregister a NIKE account on behalf of someone else, or transfer your account.\nBe Secure:  Keep your username, password and other login credentials secure and do not\nallow anyone else to use your account. \nBe Responsible:  Inform NIKE immediately of any unauthorized use of your NIKE account. \nYou are responsible for anything that happens through your NIKE account – with or without your\npermission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NIKE IS NOT\nRESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED\nUSE OF YOUR ACCOUNT.  \n[See China (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan)\nterms.]\n2.  OWNERSHIP OF CONTENT\nExcept for User Content (defined below), all of the content on our Platform - including text,\nsoftware, scripts, code, designs, graphics, photos, sounds, music, videos, applications,\ninteractive features, articles, news stories, sketches, animations, stickers, general artwork and\nother content (\"Content\") - is owned by NIKE or others we license Content from, and is protected\nby copyright, trademark, patent and other laws. NIKE reserves all rights not expressly described\nin these Terms.\nAll trademarks, service marks and trade names (e.g., the NIKE name and the Swoosh design)\nare owned, registered and/or licensed by NIKE.  You do not acquire a license or any ownership\nrights to any trademarks, service marks, or trade names through your access or use of the\nPlatform or Content.\nYou agree not to change or delete any ownership notices from materials downloaded or\nprinted from the Platform.\nTo the extent NIKE approves the download or use of Content comprised of copyrights or\ncopyrightable works, NIKE grants you a limited, personal, non-transferable, non-sublicensable,\nand revocable license to access and use such copyrights or copyrightable works solely for their\nintended purpose and solely for as long as NIKE makes such Content generally available to the\npublic. You do not acquire any ownership rights in the Content (including any trademarks or other\nintellectual property included in the Content), and all such Content is intended for personal, non-\ncommercial use.  NIKE reserves the right to monitor your use and to alter or revoke this license\nor your access to the Content at any time and for any reason.  NIKE reserves the right to take\ndown any Content in violation of these terms or NIKE’s intellectual property rights.  NIKE allowing\nyou this limited use does not constitute a waiver of any of Nike’s rights to the Content. \nOutside of the specific usage rights granted to you by NIKE in connection with the Platform,\nyou agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create\nderivative works of, or in any way exploit any Content, including User Content (unless it is your\nown User Content that you legally post on the Platform), without NIKE’s prior written consent.\nUnauthorized use of the Content may constitute a breach of copyright, trademark or other\nintellectual property laws and may subject you to criminal or civil charges and penalties.\n3.  POSTING CONTENT ON THE PLATFORM\nUser Content License. Some parts of the Platform allow you to post photos, videos, comments,\nand other content, which we refer to as “User Content.”  Nike is not responsible for User Content\nothers post to the Platform. User Content is owned by you or whoever created it, but when you\npost User Content you license it to NIKE as described below:\nYou represent that you have the right to post your User Content, and you grant NIKE a non-\nexclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of\nthe User Content that you post on or in connection with the Platform, including the likeness of any\nperson that appears in the User Content, or any of the concepts or ideas contained in the User\nContent, for any purpose, including commercial use, which includes the right to translate, display,\nreproduce, modify, create derivative works, sublicense, distribute and assign these rights. NIKE\n\nmay, in its sole discretion, remove any User Content at any time.  [See Argentina, Colombia,\nBelgium, and Philippines terms.]  \nYou understand that deleted User Content may persist in NIKE’s systems and on the Platform\nto the extent your User Content has been publicly posted or shared with others who have not\ndeleted it, unless you or the relevant individual request deletion or blocking of personal data in\naccordance with applicable law. \nLICENSE TO USE COMMENTS, FEEDBACK AND IDEAS.  You understand that any comments,\nfeedback, or ideas you send us are provided on a non-confidential basis and you grant to NIKE a\nperpetual, worldwide license to use all comments, feedback and ideas you may share with us,\nwithout notice, compensation or acknowledgement to you, for any purposes whatsoever,\nincluding, but not limited to, developing, manufacturing and marketing products and services and\ncreating, modifying or improving products and services. [See Colombia and Belgium terms.]\n4.  USER CODE OF CONDUCT\nWe’re excited to have you contribute to the NIKE community.  Here are a few basic rules:\nBe Original.  Only post User Content to the Platform if you have all permissions and rights\nneeded to make that User Content available, including from any individuals who appear or are\nmentioned in your User Content. \nBe Safe. \nDo not do anything that may expose NIKE or its users to any type of harm, including anything\nthat may disrupt, damage, disable, tamper with, overburden or limit the functionality of the\nPlatform.\nDo not post User Content that contains software viruses, programs or other computer code,\nand do not circumvent or modify any Platform software or security technology.\nDo not use any data mining, robots, scraping or similar data gathering methods.\nUnless we indicate otherwise, our Platform is a public place.  Do not post personal information\nto the Platform - yours or anybody else’s.\nBe Personal.\nDo not post any advertising, solicitation or commercial content on the Platform or accept\npayment from a third party in exchange for performing commercial activity on the Platform.\nDo not collect or solicit personal information from other Platform users or send unsolicited\nmessages.\nDo not use automated technology to interact with the Platform.\nBe Appropriate. Respect the community and do not post User Content, link to a website, or\ndo anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or\notherwise objectionable or inappropriate or which violates any applicable laws. NIKE has the right\nto prescreen, monitor, or remove User Content – but we have no obligation to do so.\nBe Yourself.  Do not impersonate any person or organization, including athletes or NIKE\nemployees.\nHAVE FUN!\n5.  COPYRIGHT INFRINGEMENT\nPlease consult your legal advisor before filing a notice with us because there may be penalties\nfor false claims.  NIKE may terminate the accounts of Platform users found to infringe third party\ncopyrights.\nIf you believe that your work has been improperly copied to the Platform, such that it constitutes\ninfringement, please provide us with the following information [See France terms.]:\n(1) name, address, telephone number, email address and an electronic or physical signature of\nthe copyright owner or of the person authorized to act on his/her behalf;\n(2) a description of the copyrighted work that you claim has been infringed;\n(3) a description of where on the Platform the content that you claim is infringing is located;\n\n(4) a written statement that you have a good faith belief that the disputed use is not authorized by\nthe copyright owner, its agent, or the law; and\n(5) a statement by you, made under penalty of perjury (depending on applicable law), that the\nabove information in your notice is accurate and that you are the copyright owner or authorized to\nact on the copyright owner's behalf.\nSend copyright infringement complaints to:\nLegal Department (Copyright)\nOne Bowerman Dr., Beaverton, OR 97005\nTelephone: 503-671-6453\nFax: 503-646-6926\nCopyright.legal@nike.com\n6.  PARTNERS ON THE PLATFORM\nFrom time to time, NIKE may link to or partner with third-party websites, social media platforms,\nmobile apps, and other products and services (“Third Parties”).  You may be able to connect with\nthese Third Parties through the Platform, but this does not mean NIKE endorses, monitors or has\nany control over these Third Parties or their activities, which are subject to separate terms of use\nand privacy policies.  You should carefully review any Third Party’s sites and terms of use and\nprivacy policy. NIKE is not responsible for the content, policies, or activities of Third Parties\nand you interact with Third Parties at your own risk.\n7.  IMPORTANT DISCLAIMERS\nPHYSICAL ACTIVITY.  [See Canada, Germany and Italy terms, because the following\nexclusions and limitations may not apply to you.] The Platform may include features that\npromote physical activity, nutrition or general wellness.  They are for your informational purposes\nonly and are not intended as medical advice or services, or for diagnostic or treatment\npurposes.  \nConsider the risks involved and consult with your medical professional before engaging in any\nphysical activity. \nNever disregard professional medical advice or delay in seeking it because of something you\nhave viewed on the Platform. \nTO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NIKE IS NOT\nRESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT\nRESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE\nPLATFORM.\nUSER INTERACTIONS.  To the extent allowed by applicable law, we are not responsible for your\ninteractions with other users of the Platform or any damage or harm you may experience\nbecause of these interactions. [See Italy terms.]\nBe responsible and take precautions when interacting with other users (including users you do\nnot know) on the Platform. Before you meet another person face-to-face, consider investigating,\nbringing a friend, choosing public locations and letting someone know where you will be.  NIKE is\nunder no obligation to become involved with any user dispute, but may do so at its own\ndiscretion.\nWARRANTY DISCLAIMER.  Some jurisdictions do not permit certain limitations or\nexclusions on liabilities, legal warranties and remedies, so these exclusions and\nlimitations may not apply to you. [See Australia, Canada and Germany terms.]  \nThe Platform, Content, and the materials and products on this Platform are provided \"AS IS.”\nWe aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy,\nusefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE\n\nLAW, NIKE IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE\nPLATFORM.    \nNIKE does not guarantee that the Platform will be uninterrupted or error-free, that any defects\nwill be corrected, or that the Platform is free of viruses or anything else harmful.  \nTo the fullest extent permitted by law, NIKE disclaims all warranties, express or implied,\nregarding the Platform, Content, User Content and any products or services you may obtain or\naccess through the Platform, including, but not limited to, implied warranties of title,\nmerchantability, fitness for a particular purpose and non-infringement.\nYou are solely responsible for any damage to your Device resulting from accessing the\nPlatform, to the extent applicable law does not provide otherwise.\nWe hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any\nresults.\n8.  TERMINATION\nNIKE may terminate or modify any Nike Platform, member program, product or service at any\ntime without notice.\nNIKE may terminate or suspend your account, delete your profile or any of your User Content,\nand restrict your use of all or any part of the Platform at any time and for any reason, without any\nliability to Nike, subject to applicable law.    \nYou understand and agree that some of your User Content, particularly that which is displayed\nin an activity feed or in other public places on the Platform, may continue to appear publicly even\nafter your account is terminated, subject to your right to have your User Content removed upon\nrequest in accordance with applicable law.\nThese Terms remain in effect even after your account is terminated or you have stopped using\nthe Platform.\n9.  INDEMNIFICATION / LIMITATION OF LIABILITY\nWe want you to enjoy our Platform, but NIKE must also protect itself from any damages you may\ncause.\nIndemnification and RELEASE.  Some jurisdictions do not permit certain limitations or\nexclusions on liabilities, legal warranties and remedies, so these exclusions limitations\nmay not apply to you. [See Canada, France, Germany and Hong Kong terms.] You agree to\nindemnify, defend, and hold harmless NIKE Inc., its affiliates, officers, directors, employees,\nagents, licensors and suppliers (the “NIKE Parties”) from and against all claims, losses, liabilities,\nexpenses, damages and costs, including, without limitation, attorneys' fees, arising from or\nrelating in any way to your User Content, your use of Content, your use of the Platform, your\nconduct in connection with the Platform or with other Platform users, or any violation of these\nTerms of Use, any law or the rights of any third party. You, for yourself and on behalf of your\nheirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge\nthe NIKE Parties from any and all claims or causes of action you may have for damages relating\nin any way to your use of the Platform.\nLIMITATION OF LIABILITY.  Some jurisdictions do not permit certain limitations or\nexclusions on liabilities, legal warranties and remedies, so these exclusions/limitations\nmay not apply to you. [See Canada, France, Germany, Hong Kong and Philippines terms.]\n NONE OF THE NIKE PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL,\nINDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY\nLOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO\nUSE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED\nTHROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER\nONLINE OR OFFLINE), OR ATTENDANCE AT A NIKE EVENT OR NIKE PARTNER EVENTS,\nOR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF\nTHE PLATFORM, EVEN IF NIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH\nDAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM.\n\nYOUR ONLY REMEDY AGAINST NIKE IN CONNECTION WITH ANY DAMAGES ARISING\nFROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE\nPLATFORM. IF NIKE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS\nWHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY\nCONTENT, NIKE'S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU\nLIVE IN EUROPE.  \n10.  APP MARKETPLACES: You acknowledge that this agreement is between you and NIKE\nonly, and not with the app marketplace where you downloaded a NIKE app (e.g. for iOS users,\nthe App Store operated by Apple Inc. or for Android users, the Google Play store operated by\nGoogle Inc.).   \nSubscriptions to NTC Premium. The following terms apply if you have purchased a\nsubscription to NTC Premium through your preferred app store: \nPayments for subscriptions to NTC Premium are charged through your preferred app store\naccount. You may elect to purchase either a monthly or an annual subscription. Your subscription\nwill automatically renew and your app store account will be automatically charged for the renewal\nunless you cancel at least 24 hours before the end of the current billing period. Cancel anytime\nby navigating to your NTC Profile, tap on Settings, and select “Premium Subscription”, which will\nlink you to the applicable app store subscription center. Any unused portion of a free trial period\n(if any) will be forfeited if you purchase a subscription during the free trial period. By subscribing\nto NTC Premium, you agree to our Privacy Policy and Terms of Sale.\nSUBSCRIPTIONS NON-REFUNDABLE: Refunds on subscriptions to NTC Premium are\nsubject to the applicable app store policy. Subscriptions to NTC Premium are non-refundable and\nthere is no right to refunds or credits unless required by applicable law or as otherwise permitted\nby the applicable app store policy.\n11.  DISPUTES / ADDITIONAL TERMS\nChoice of Law/Jurisdiction\nIf you live in any of the following countries/regions, different “Choice of Law/Jurisdiction”\nterms may apply to you: Argentina, Austria, Brazil, Canada, China (for the purpose of\nthese Terms, excluding Hong Kong, Macao and Taiwan), France, Germany, Hong\nKong, Italy, Philippines, Poland, Switzerland and all other European countries.\nYou agree that this Platform is a passive platform solely based in Oregon, USA, which does\nnot give rise to personal jurisdiction over NIKE in jurisdictions other than Oregon.\nYou agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE\nshall be governed in all respects by Oregon law, without regard to choice of law provisions, and\nnot by the 1980 U.N. Convention on Contracts for the International Sale of Goods.\nExcept where prohibited by applicable law, and without limitation to any statutory rights for\nconsumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising\nout of or relating to the Platform (including but not limited to the purchase of NIKE products) shall\nbe resolved individually, without resort to any form of class action, and exclusively in the state or\nfederal courts located in Multnomah County, Oregon, USA.\nYou consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum”\nwith respect to venue and jurisdiction in the state and federal courts of Multnomah County,\nOregon.\nAll claims shall be brought within one (1) year after the claim arises, except to the extent a\nlonger period is required by applicable law.\nElectronic Communications\nBy using the Platform, you agree to receive certain electronic communications from NIKE,\nsubject to applicable law.\nYou agree that any notice, agreement, disclosure or other communication that NIKE sends\nyou electronically will satisfy any legal communication requirements, including that such\ncommunications be in writing.\n\nRight to Assign, No Waivers, Severability\nNIKE may assign its rights and duties under these Terms to any party at any time without\nnotice to you, unless notice to you is required by applicable law, but this will not affect your rights\nor our obligations under these Terms. \nNIKE’s failure to insist upon or enforce strict performance of these Terms is not a waiver of\nany of these Terms or NIKE’s rights. Users should always assume these Terms apply.\nIf any provision in these Terms is held invalid or unenforceable, the remainder of these Terms\nshall continue to be enforceable.\nThanks for reading.  Please enjoy our community!\nCOUNTRY/REGION SPECIFIC TERMS  \nIf you live in one of the following countries ore regions these additional terms apply and override\nany inconsistent terms in the Terms of Use.\nARGENTINA\nSection 3 (POSTING CONTENT ON THE PLATFORM): the first bullet point paragraph under\nsub-section “USER CONTENT LICENSE” is deleted and replaced with the following:\n“You grant NIKE a non-exclusive, transferable, royalty-free, worldwide license to display the User\nContent that you post on or in connection with the Platform and to share it with other Users,\nincluding the right to translate, display, reproduce, modify, create derivative works of, sublicense\nand distribute the User Content.\nFor example, we need these rights so we can copy your User Content into our databases, display\nit in the correct format across our mobile applications, and send your User Content to vendors\nwho perform services on Nike’s behalf.”\nSection 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:\nThe sub-section titled “CHOICE OF LAW/JURISDICTION” is hereby deleted and replaced with\nthe following (except the last bullet point regarding bringing claims, which remains unchanged):\n“Choice of Law/Jurisdiction\nYou agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE\nshall be governed in all respects by Argentine law.”\nAUSTRALIA\nSection 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:\nThe sub-section titled “WARRANTY DISCALIMER” is modified by adding the following:\n“However, the Platform, Content, and the materials and products on this Platform come with\ncertain guarantees that cannot be excluded for the benefit of Australian customers under\nAustralian consumer law (“ACL”), including guarantees as to the acceptable quality and fitness of\npurpose of products.  Nothing in these Terms will be read or applied so as to exclude, restrict or\nmodify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee,\nright or remedy implied by the ACL and which by law cannot be excluded, restricted or modified,\neven if any other term of these Terms would otherwise suggest that this might be the case.”\nBRAZIL\nSection 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:\nThe sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted and replaced with the\nfollowing:\n\n“Choice of Law/Jurisdiction\nYou agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE\nshall be governed in all respects by Brazilian law, without regard to choice of law provisions, and\nnot by the 1980 U.N. Convention on Contracts for the International Sale of Goods.\nExcept where prohibited, you agree that all disputes, claims and legal proceedings directly or\nindirectly arising out of or relating to the Platform (including but not limited to the purchase of\nNIKE products) shall be resolved individually, without resort to any form of class action, and\nexclusively in Brazil.”\nCANADA\nIntroductory Paragraph:\nThe section titled “Our Terms May Change” is qualified by the following:\n“(a) Nike must send to you, at least 30 days before the amendment comes into force, a written\nnotice drawn up clearly and legibly, setting out the new clause and the date of the coming into\nforce of the amendment; and\n(b) you may refuse the amendment and rescind or, in the case of a contract involving sequential\nperformance, cancel the contract without cost, penalty or cancellation indemnity by sending Nike\na notice to that effect no later than 30 days after the amendment comes into force, if the\namendment entails an increase in your obligations or a reduction in Nike’s obligations.”\nMULTIPLE SECTIONS: The terms set forth in the sections titled “Physical Activity”, “Warranty\nDisclaimer”, “Indemnification/Limitation of Liability”, and “Limitation of Liability” are qualified by\nthe following:\n“Consumer protection laws in some jurisdictions, including Quebec, do not allow for the\nlimitations and exclusions of warranties on purchased products. If these laws apply to\nyou, the exclusions or limitations in the following sections may not apply: Physical\nActivity, Warranty Disclaimer, Indemnification/Limitation of Liability, and Limitation of\nLiability.”\nSECTION 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:\nThe sub-section titled “CHOICE OF LAW/JURISDICTION” is modified by adding the following at\nthe beginning of the section:\n“Consumer protection laws in some jurisdictions, such as Quebec, might require that your\nagreement be governed by the laws of your jurisdiction and heard by competent courts in\nyour jurisdiction. In addition, such laws may not allow you to waive your right to be part of\na class action or to limit your time limitation to commence legal proceedings. If these laws\napply to you, the following limitations may not be applicable.\"\nCHINA (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan)\nSection 1 (GROUND RULES): the sub-section titled “Eligibility” is deleted in entirety and\nreplaced by the following:\n\"You are eligible to use the Platform if: i) you are of legal age and have capacity for civil conduct\nin accordance with the laws of the People's Republic of China; or ii) you have the consent from\nyour parent or guardian. There may be a certain age requirement for specific Platform services in\neach country/region.\nIf you are a parent or guardian and find that your child is using the Platform without your consent,\nyou may contact us.”\n\nThe following terms are added to the end of the second paragraph under “Rules for\nRegistration”:\n“To comply with the laws and regulations of the People's Republic of China, you shall\ncomplete the real name verification in accordance with the applicable laws.”\nSection 11 (DISPUTES/ADDITIONAL TERMS):\nThe sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced\nwith the following:\n“Choice of Law/Jurisdiction \nYou agree that the Platform, Terms and any dispute between you and NIKE shall be\ngoverned in all respects by the laws of People’s Republic of China, without regard to choice of\nlaw provisions, and the 1980 U.N. Convention on Contracts for the International Sale of Goods\nshall not apply.\nUnless otherwise provided by applicable laws, you agree that all disputes and claims arising\nfrom your use of the Platform (including, but not limited to, the purchase of NIKE products) shall\nbe resolved through amicable negotiation between the two parties; if no agreement is reached,\neither party may file a lawsuit at the Yangpu District People's Court of Shanghai and both parties\nshall waive the right to file an objection to subject matter jurisdiction.\"\nCOLOMBIA\nSection 3 (POSTING CONTENT ON THE PLATFORM): the sub-section titled “USER CONTENT\nLICENSE” is modified as follows:\nThe first bullet point paragraph under USER CONTENT LICENSE is deleted and replaced with\nthe following:\n“You grant NIKE a non-exclusive, indefinite, transferable, sub-licensable, royalty-free, worldwide\nlicense to use any of the User Content that you post on or in connection with the Platform,\nincluding the likeness of any person that appears in the User Content, or any of the concepts or\nideas contained in the User Content, for any purpose, including commercial use, which includes\nthe right to translate, display, reproduce, modify, create derivative works, sublicense, distribute\nand assign these rights.”\nSection 3 (POSTING CONTENT ON THE PLATFORM): the sub-section titled “LICENSE TO\nUSE COMMENTS, FEEDACK AND IDEAS”is deleted in its entirety and replaced with the\nfollowing:\n“AUTHORIZATION TO USE COMMENTS, FEEDBACK AND IDEAS.  You grant to NIKE an\nindefinite, worldwide authorization to use all comments, feedback and ideas you may share with\nus, without notice, compensation or acknowledgement to you, for any purposes whatsoever,\nincluding, but not limited to, developing, manufacturing and marketing products and services and\ncreating, modifying or improving products and services.”\nHONG KONG\nNike, Inc., an entity registered in the State of Oregon, USA and with its address at One\nBowerman Drive, Beaverton, OR 97005, USA) is: (1) the operator and manager of the NRC\nand NTC Apps, and (2) our contracting entity for these Terms with you.\nSection 9 (INDEMNIFICATION / LIMITATION OF LIABILITY): This section is deleted and\nreplaced with the following:\n\"Indemnification and release.  You agree to indemnify, defend, and hold harmless NIKE Inc., its\naffiliates, officers, directors, employees, agents, licensors and suppliers (the “NIKE Parties”) from\nand against all claims, losses, liabilities, expenses, damages and costs (including attorneys'\n\nfees), arising from or relating in any way to your User Content, your use of Content, your use of\nthe Platform, your conduct in connection with the Platform or with other Platform users, or any\nviolation of these Terms, any law or the rights of any third party. \nLimitation of liability. Except to the extent permitted by applicable laws, you agree:\nthat none of the NIKE Parties will be liable for any special, incidental or consequential\ndamages (including any lost profits or lost data) that result from the use of, or the inability to use,\nthe Platform or the performance of the products purchased through the Platform or the conduct of\nother Platform Users (whether online or offline), or attendance at a NIKE event or NIKE partner\nevents, or any User Content or any other activity in connection with the use of the Platform, even\nif NIKE has been advised of the possibility of such damages;\nyou assume total responsibility for your use of the Platform; and\nif NIKE is found to be liable to you for any damage or loss which is in any way connected with\nyour use of the Platform or any Content, NIKE's liability shall not exceed the greater of: (1) the\namount you have paid to us under these Terms for your use of the Platform or any Content, or (2)\nUS$100.00.”\nSection 11 (DISPUTES/ADDITIONAL TERMS): The first bullet point under the sub-section titled\n\"CHOICE OF LAW/JURISDICTION\" is deleted in its entirety.\nJAPAN\nSection 9 (INDEMNIFICATION/LIMITATION OF LIABILITY): this section is modified as follows:\nThe sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety and replaced with the\nfollowing:\nLIMITATION OF LIABILITY.  NONE OF THE NIKE PARTIES WILL BE LIABLE FOR ANY\nSPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT\nLIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF,\nOR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS\nPURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM\nUSERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A NIKE EVENT OR NIKE\nPARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION\nWITH THE USE OF THE PLATFORM, EVEN IF NIKE HAS BEEN ADVISED OF THE\nPOSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR\nUSE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST NIKE IN CONNECTION WITH\nANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO\nSTOP USING THE PLATFORM. IF NIKE IS FOUND TO BE LIABLE TO YOU FOR ANY\nDAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE\nPLATFORM OR ANY CONTENT, NIKE'S LIABILITY SHALL NOT EXCEED US$100.00 OR\nEURO 100.00 IF YOU LIVE IN EUROPE. \nSection 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:\nThe sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced\nwith the following:\n“Choice of Law/Jurisdiction\nYou agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE\nshall be governed in all respects by Japanese law, without regard to choice of law provisions, and\nnot by the 1980 U.N. Convention on Contracts for the International Sale of Goods.\nExcept where prohibited by applicable law, and without limitation to any statutory rights for\nconsumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising\nout of or relating to the Platform (including but not limited to the purchase of NIKE products) shall\nbe resolved individually, without resort to any form of class action, and exclusively in the courts\nlocated in Tokyo, Japan.\n\nAll claims shall be brought within one (1) year after the claim arises, except to the extent a\nlonger period is required by applicable law.\nKOREA\nThe following location-based service provider terms apply to your use of\nand access to the Nike Running Club app and the Nike Training Club app:\nlocation-based service provider terms. In the event of any conflict between\nthe location-based service provider terms and these Terms, these Terms\nshall govern.\nPHILIPPINES\nSection 2 (OWNERSHIP OF CONTENT): The third bullet point of this Section is revised as\nfollows:\nTo the extent NIKE approves the download or use of Content comprised of copyrights or\ncopyrightable works, NIKE grants you a limited, personal, non-transferable, and non-assignable\nright to  access and use such copyrights or copyrightable works solely for their intended purpose\nand solely for as long as NIKE makes such Content generally available to the public. You do not\nacquire any ownership rights or any form of license in the Content (including any trademarks or\nother intellectual property included in the Content), and all such Content is intended for personal,\nnon-commercial use.  NIKE reserves the right to monitor your use and to alter or revoke the\nsame or your access to the Content at any time and for any reason.  NIKE reserves the right to\ntake down any Content in violation of these terms or NIKE’s intellectual property rights.  NIKE\nallowing you this limited use does not constitute a waiver of any of Nike’s rights to the Content. \nSection 3 (POSTING CONTENT OF THE PLATFORM): This section is revised as follows:\nUser Content License. Some parts of the Platform allow you to post photos, videos, comments,\nand other content, which we refer to as “User Content.”  Nike is not responsible for User Content\nothers post to the Platform. User Content is owned by you or whoever created it, but when you\npost User Content you agree as follows:\nYou represent that you have the right to post your User Content, and you agree to execute all\nrelevant documents to grant NIKE a non-exclusive, perpetual, transferable, sub-licensable,\nroyalty-free, worldwide license to use any of the User Content that you post on or in connection\nwith the Platform, including the likeness of any person that appears in the User Content, or any of\nthe concepts or ideas contained in the User Content, for any purpose, including commercial use,\nwhich includes the right to translate, display, reproduce, modify, create derivative works,\nsublicense, distribute and assign these rights. NIKE may, in its sole discretion, remove any User\nContent at any time.  \nYou understand that deleted User Content may persist in NIKE’s systems and on the Platform\nto the extent your User Content has been publicly posted or shared with others who have not\ndeleted it, unless you or the relevant individual request deletion or blocking of personal data in\naccordance with applicable law. \nSection 9 (INDEMNIFICATION / LIMITATION OF LIABILITY): The sub-section titled\n\"LIMITATION OF LIABILITY\" is deleted and replaced with the following:\n\"To the extent allowed under applicable law, none of the NIKE parties will be liable for any\nspecial, incidental or consequential damages, including without limitation for any lost profits or\nlost data, that result from the use of, or the inability to use, the Platform or the performance of the\nproducts purchased through the Platform or the conduct of other Platform Users (whether online\nor offline), or attendance at a NIKE event or NIKE partner events, or any User Content or any\nother activity in connection with the use of the Platform, even if NIKE has been advised of the\npossibility of such damages.  If NIKE is found to be liable to you for any damage or loss which is\nin any way connected with your use of the Platform or any Content, NIKE's liability shall not\nexceed US$100.00 or Euro 100.00 if you live in Europe, without prejudice to any applicable law.\"\n\nSection 11 (DISPUTES/ADDITIONAL TERMS): The first bullet point under the sub-section titled\n\"CHOICE OF LAW/JURISDICTION\" is deleted in its entirety.\nEUROPEAN COUNTRIES\nThe following revisions apply to all European countries,\nexcept Austria, France, Germany, Italy, Poland and Switzerland, which have other specific\nrevisions to these terms applicable to European Countries.\nSection 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:\nThe sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced\nwith the following (except the last bullet point regarding bringing claims, which remains\nunchanged):\n“Choice of Law/Jurisdiction\nYou agree that the Platform, Terms, and any dispute between you and NIKE shall be governed\nin all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N.\nConvention on Contracts for the International Sale of Goods.\nExcept where prohibited and without limitation to any statutory rights for consumers, you\nagree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating\nto the Platform (including but not limited to the purchase of NIKE products) shall be resolved and\nexclusively in the  competent courts of Amsterdam, the Netherlands.”\nAUSTRIA\nSection 11 (DISPUTES/ADDITIONAL TERMS): this section is replaced with the version for\nEuropean Countries below,  except the following is added at the end:\n“All claims shall be brought within three (3) years after the claim arises.”\nBELGIUM\nSection 3 (POSTING CONTENT ON THE PLATFORM): this section is modified as follows:\nThe first bullet point paragraph under the sub-section titled “USER CONTENT LICENSE” is\ndeleted in its entirety and replaced with the following:\n“You grant NIKE a non-exclusive, perpetual (or at least for the duration of the legal protection of\nthe intellectual property rights/image rights which may lie in the User Content), transferable, sub-\nlicensable, royalty-free, worldwide license to use any of the User Content that you post on or in\nconnection with the Platform, including the likeness of any person that appears in the User\nContent, or any of the concepts or ideas contained in the User Content, for any purpose,\nincluding commercial, promotional and operational use, which includes the right to translate,\ndisplay, reproduce, modify, create derivative works, sublicense, distribute and assign these\nrights.”\nThe sub-section titled “LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS” is deleted in\nits entirety and replaced with the following:\n“LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS.  You grant to NIKE a perpetual (or\nat least for the duration of the legal protection of the intellectual property rights/image rights which\nmay lie in the comments, feedback and ideas), worldwide license to use all comments, feedback\nand ideas you may share with us, without notice, compensation or acknowledgement to you, for\nany purposes whatsoever, including, but not limited to, developing, manufacturing and marketing\nproducts and services and creating, modifying or improving products and services.”\nFRANCE\n\nSection 5 (COPYRIGHT INFRINGEMENT): the second paragraph in this section is deleted in its\nentirety and replaced with the following:\n“If you believe that your work has been improperly copied to the Platform, such that it constitutes\ninfringement, please provide us with the following information:\n(1) date of the notification;\n(2) if the claimant is a natural person: name, surname, profession, address, nationality, place and\ndate of birth;\n(3) if the claimant is a legal person: name, form, registered office and the entity representing it for\nlegal purposes;\n(4) name and address of the recipient, or if a legal person, its name and registered office;\n(5) a description of the facts at issue and the precise location;\n(6) the grounds on which the content should be withdrawn, including relevant legal provisions and\njustification of facts; and\n(7) a copy of the correspondence sent to the author or editor of the litigious information or activity\nrequesting their interruption, withdrawal or modification or an explanation that the author or editor\ncould not be contact.”\nSection 9 (INDEMNIFICATION/LIABILITY): this section is modified as follows:\nThe sub-section titled “Indemnification and Release” is deleted in its entirety and replaced with\nthe following:\n“Indemnification.  You agree to indemnify, defend, and hold harmless NIKE Inc., its affiliates,\nofficers, directors, employees, agents, licensors and suppliers (the “NIKE Parties”) from and\nagainst all claims, losses, liabilities, expenses, damages and costs, including, without limitation,\nattorneys' fees, arising from or relating in any way to your User Content, your use of Content,\nyour use of the Platform, your conduct in connection with the Platform or with other Platform\nusers, or any violation of these Terms of Use, any law or the rights of any third party.”\nThe sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety.\nSection 11 (DISPUTES/ADDITIONAL TERMS): the sub-section titled “CHOICE OF\nLAW/JURISDICTION” is deleted in its entirety and replaced with the following:  \n “Choice of Law/Jurisdiction\nNothing in this paragraph shall deprive you of the protection afforded to consumers by the\nmandatory rules of law of the country in which you live.\nYou agree that the Platform, Terms, and any dispute between you and NIKE shall be governed\nin all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N.\nConvention on Contracts for the International Sale of Goods.\nExcept where prohibited and without limitation to any statutory rights for consumers, you\nagree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating\nto the Platform (including but not limited to the purchase of NIKE products) shall be resolved and\nexclusively in the  competent courts of Amsterdam, the Netherlands.\nIf you have a complaint, please contact us. If you feel your complaint is not adequately\naddressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform\nthat you can access through http://ec.europa.eu/odr.  In addition, you have the right to initiate a\nmediation procedure by contacting the mediator (s) as follows: Association des médiateurs\neuropéens (197, Boulevard Saint-Germain, 75007 PARIS, téléphone: 09 53 01 02\n69), http://www.mediationconso-ame.com/. The mediator(s) will attempt to, independently and\n\nimpartially, reach an amicable resolution of the dispute.  In case of mediation, each party is free\nto accept or reject the solution proposed by the mediator.”\nGERMANY\nSection 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:\nThe third bullet point in the summary box is deleted in its entirety and replaced with the following:\n“NIKE is not responsible for any damage (except liability for NIKE’s willful and gross negligent\nacts and NIKE’s personal injuries) caused by your interactions with other users.  Please be\nresponsible and take precautions when interacting with people you don’t know.”\nThe last bullet point paragraph under the sub-section titled “PHYSICAL ACTIVITY” is deleted in\nits entirety and replaced with the following:\n“To the maximum extent allowed by applicable law, NIKE is not responsible or liable for any\ndamages (except liability for NIKE’s willful and gross negligent acts and NIKE’s personal injuries)\nyou may sustain that result from your use of, or inability to use, the Platform.” \nThe sub- section titled “WARRANTY DISCLAIMER”, including all of the bullet points therein, is\ndeleted in its entirety.\nSection 9 (INDEMNIFICATION/LIMITATION OF LIABILITY): this section is modified as follows:\nThe sub-section titled “INDEMNIFICATION AND RELEASE” is deleted in its entirety.\nThe sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety and replaced with the\nfollowing:\n“LIMITATION OF LIABILITY. Any liability of NIKE and its affiliates, and their officers, directors,\nshareholders, employees and agents (the “Released Parties”) is limited to cases of intent or\ngross negligence. In cases of slight negligence the Released Parties are only liable if an essential\ncontractual duty, whose violation endangers the purpose of the contract or whose performance is\nrequired to achieve this purpose and in whose performance the consumer trusts (so called\n“cardinal duties”) has been violated. In this case, the liability is limited to damages that are typical\nand foreseeable. This limitation of liability does not apply to claims under product liability law and\nin the case of bodily harm or death.”\nSection 11 (DISPUTES/ADDITIONAL TERMS): this section is replaced with the version for\nEuropean Countries above, except the following is added at the end:\n“All claims shall be brought within two (2) years after the claim arises.”\nHUNGARY\nIntroductory Paragraphs: The second bullet point in the first section above titled “Terms of\nSale” is amended by adding the following:\n\"These Terms constitute an implied agreement between you and NIKE, unless otherwise meeting\nthe requirements of written agreements under Hungarian Law.\"\nITALY\nSection 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:\nThe last bullet point paragraph under the sub-section titled “PHYSICAL ACTIVITY” is deleted in\nits entirety and replaced with the following:\n“To the maximum extent allowed by applicable law, NIKE is not responsible or liable for any\ndamages you may sustain that result from your use of, or inability to use, the features on the\n\nPlatform, except in the event of fraud or gross negligence by Nike.” \nThe sub-section titled “USER INTERACTIONS” is deleted in its entirety and replaced with the\nfollowing:\n“USER INTERACTIONS.  We are not responsible for your interactions with other users of the\nPlatform or any damage or harm you may experience because of these interactions, except in\nthe event of fraud or gross negligence by Nike. \nBe responsible and take precautions when interacting with other users (including users you do\nnot know) on the Platform. Before you meet another person face-to-face, consider investigating,\nbringing a friend, choosing public locations and letting someone know where you will be. NIKE is\nunder no obligation to become involved with any user dispute (but may do so at its own\ndiscretion) except in the event of fraud or gross negligence by Nike.”\nSection 11 (DISPUTES/ADDITIONAL TERMS): the sub-section titled “CHOICE OF\nLAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last\nbullet point regarding bringing claims, which remains unchanged):\n“Choice of Law/Jurisdiction\nYou agree that the Platform, Terms, and any dispute between you and NIKE shall be governed\nin all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N.\nConvention on Contracts for the International Sale of Goods, subject to any statutory provisions\nof applicable law which may apply regardless of any different choice of law.\nExcept where prohibited and without limitation to any statutory rights for consumers, you\nagree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating\nto the Platform (including but not limited to the purchase of NIKE products) shall be resolved and\nexclusively in the court of the place where you are resident or domiciled.”\nPOLAND\nSection 11 (DISPUTES/ADDITIONAL TERMS):  the sub-section titled “CHOICE OF\nLAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last\nbullet point regarding bringing claims, which remains unchanged):\n “Choice of Law/Jurisdiction\nThe Platform, Terms, and any dispute between you and NIKE shall be governed in all respects\nby Polish law.\nAll disputes, claims and legal proceedings directly or indirectly arising out of or relating to the\nPlatform (including but not limited to the purchase of NIKE products) shall be resolved in the\ncourts competent under applicable law.”\nSWITZERLAND\nSection 11 (DISPUTES/ADDITIONAL TERMS): the sub- section titled “CHOICE OF\nLAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last\nbullet point regarding bringing claims, which remains unchanged):\n“CHOICE OF LAW/JURISDICTION\nYou agree that the Platform, Terms, and any dispute between you and NIKE shall be governed\nin all respects by the substantive laws of Switzerland, without regard to any international conflict\nof law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the\nInternational Sale of Goods.\nYou agree that all disputes arising directly or indirectly out of or in connection with the Platform\nand these Terms of Use, shall be subject to the exclusive jurisdiction of the competent courts of\nthe city of Zurich, Switzerland.”\n\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}