PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING NIKE.KW

Welcome to the NIKE community! You are reading these nike.com.kw Terms of Use because You are using the nike.com.kw website (the "Site"). You may access the Site via a computer, mobile phone, tablet, console or other technology, which we refer to herein as a "Device". Your carrier's normal rates and fees apply to your device.

These Terms create a legally binding contract between You ("You") and Sun and Sand Sports (L.L.C), incorporated under the laws of Kuwait with commercial license number 355975 whose registered office is at Hawally, Salmiya, unit number R136, (which we may call "SSS", "we", "us" or "our") in relation to your use of the Site.

Some important points:

• As authorized by the Nike group, SSS is the authorized licensee and distributor of Nike products in UAE/KSA/KUWAIT/QATAR and operates nike.com.kw directly or through authorized third parties.
• Our terms may change. We may update these Terms periodically. If a material change is made, we will post a notice on the Site or send You a notification. Please read any changes and, if You do not agree with them, stop using the Site. If You continue to use our Site after we have notified You of the 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 the Terms and Conditions of Sale that apply in Kuwait.
• Online Privacy Notice. Our Online Privacy Notice describes the collection and use of personal information on the Site and applies to your use of the Site.
• Important notice for amateur athletes. You are responsible for ensuring that your participation on the Site does not affect your eligibility as an amateur athlete. Check with your amateur athletic association for the rules that apply to You. SSS is not responsible for your use of the Site resulting in your ineligibility as an amateur athlete.

1. BASIC RULES

Eligibility. The use of the Site is intended only for access and use by individuals with full capacity for acts of civil life, that is, persons over 18 (eighteen) years of age. By accessing or using the Site, You warrant and represent that You have full capacity for all acts of civil life, that is, to be of legal age, and therefore to have full capacity to understand, accept and comply with all the terms and conditions of these Terms. If You do not have or consider that You do not have full capacity for acts of civil life, access and use of the Site will be prohibited.

Rules for registration. When You register for a NIKE member account on the Site, the following rules apply:

• Be truthful: Provide accurate and current registration information.
• Be you: Keep your personal record. Do not sign up for more than one NIKE member account, register a NIKE member account in someone else's name, or transfer your account.
• Be safe: Keep your username, password and other login credentials safe and don't allow anyone else to use your account.
• Be responsible: Inform SSS immediately of any unauthorized use of your NIKE account. You are responsible for anything that occurs through your NIKE member account – with or without your permission. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SSS IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY RESULTING FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.

2. CONTENT OWNERSHIP

Except for User Content (defined below), all content on our Site - including text, software, scripts, code, drawings, graphics, illustrations, photos, sounds, music and lyrics, videos, applications, interactive features, articles, news , sketches, animations, stickers, general artwork and other intellectual work content ("Content") - is owned by SSS , its licensors or others to whom we license Content, and is protected by copyrights, trademarks, patents and other laws. SSS or its licensors reserve all rights not expressly described in these Terms.

• All trademarks, service marks and trade names displayed on the Site or accessed and viewed by You as set forth herein (e.g. the NIKE name and Swoosh design) are owned, registered and/or licensed by SSS or its licensors. You do not acquire a license or any ownership rights to any trademarks, service marks or trade names through your access to or use of the Site or Content.
• You agree not to alter or delete any proprietary notices from materials downloaded or printed from the Site.
• You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all Content is intended for your personal, non-commercial use. SSS reserves the right to monitor your use and change or revoke this license or your access to the Content at any time and for any reason. SSS reserves the right to remove any Content in violation of these terms or SSS's intellectual property rights. The fact that SSS allows You this limited use does not constitute a waiver of any of SSS's rights to the Content.
• Outside of the specific use rights granted to You by SSS in connection with the Site, You agree not to use, copy, reproduce, edit, translate, display, distribute, publish, download, transmit, sell, create derivative works from, or from in any way exploit any Content, including User Content (unless it is Your own User Content that You legally post on the Site), without the prior written consent of SSS. Unauthorized use of the Content may constitute infringement of copyright, trademark or other intellectual property laws and may subject You to criminal or civil charges and penalties.

3. POSTING CONTENT ON THE WEBSITE

User Content License. Some parts of the Site allow You to post photos, videos, comments and other content that we call “User Content”. SSS is not responsible for User Content that others post on the Site. User Content is owned by users or whoever created it, but when You post User Content, You license it to SSS as described below:

• You represent that You have the right to publish Your User Content and grant SSS a non-exclusive, perpetual, transferable, sublicensable, royalty-free, worldwide license to use any User Content that You post in connection with the Site, including the image of anyone appearing in User Content, or any of the concepts or ideas contained in 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. SSS may, in its sole discretion, remove any User Content at any time. To the extent required by applicable laws, the rights granted herein will be valid for the entire duration of the intellectual property rights in question.
• You represent and warrant that User Content does not infringe any third party rights including intellectual property and personality rights.
• You understand that Deleted User Content may continue on SSS's systems and on the Site to the extent that your User Content has been publicly posted or shared with others who have not deleted it, unless You or the relevant person requests the deletion or blocking of personal data in accordance with applicable law.

4. LICENSE TO USE COMMENTS, OPINION AND IDEAS. You understand that any comments, feedback or ideas that You submit to Us are provided on a non-confidential basis and You grant SSS a perpetual, worldwide license to use all comments, feedback and ideas You may share with us, without notice, compensation or acknowledgment to You, for any purpose, including, but not limited to, developing, manufacturing, and marketing products and services, and creating, modifying, or improving products and services.

5. USER CODE OF CONDUCT

We're excited for You to contribute to the NIKE community. Here are some ground rules:

• Be original. Only post User Content on the Site if you have all necessary permissions and rights to make the User Content available, including from anyone who appears or is mentioned in your User Content.
• Be safe.
• Do not do anything that could expose SSS or its users to any kind of harm, including anything that could disrupt, damage, disable, tamper with, overload or limit the functionality of the Site.
• Do not post User Content that contains inappropriate content as per local practices, software viruses, program viruses or other computer code, and do not circumvent or modify any Site software or security technology.
• Do not use any data extraction methods, robots, web data collection or other similar data collection.
• Unless we indicate otherwise, our Site is a public place. Do not post personal information on the Site - whether yours or someone else's.
• Be personal.
• Do not post advertising, solicitation or commercial content on the Site or accept payment from third parties in exchange for carrying out commercial activities on the Site.
• Do not collect or solicit personal information from other users of the Site or send unsolicited messages.
• Do not use automated technology to interact with the Site.
• 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 that violates any applicable laws. SSS has the right to pre-edit, monitor or remove User Content – ​​but we have no obligation to do so.
• Be yourself. Do not pretend to be any person or organization, including athletes or SSS employees.

6. COPYRIGHT INFRINGEMENT

Consult your legal advisor before submitting a notice with us as there may be penalties for false claims. SSS shall terminate the accounts of Site users who are infringing third party copyrights.

If You believe that your work has been improperly copied on the Site in a way that constitutes infringement, 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 the person authorized to act on his or her behalf;

(2) a description of the copyrighted work that You claim has been infringed;

(3) a description of where on the Site the content 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 (depending on applicable law), 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.

Submit copyright infringement complaints to:

Chief Legal Officer, Legal Department

GMG building, Oud Metha, Dubai, United Arab Emirates

copyright.legal@gmg.com

SSS will review your complaint, but is under no obligation (except under court order) to remove User Content if it deems that there is no evidence of infringement.

7. PARTNERS ON THE WEBSITE

From time to time, SSS may link to or partner with third party websites, social media platforms, mobile applications and other products and services ("Third Parties"). You may be able to connect with these Third Parties through the Site, but this does not mean that SSS 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 the third-party websites and terms of use and privacy policy. SSS is not responsible for the content, policies or activities of Third Parties and You interact with Third Parties at Your own risk.

8. IMPORTANT DISCLAIMERS

PHYSICAL ACTIVITY. The Site may include features that promote physical activity, nutrition or general well-being. They are for informational purposes only and are not intended for medical advice or services or for diagnostic or treatment purposes.

• Consider the risks involved and consult your medical professional before engaging in any physical activity.
• Never disregard professional medical advice or delay in searching because of something You have seen on the Site.
• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SSS IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE YOU MAY RESULT FROM YOUR USE OR INABILITY TO USE THE FEATURES ON THE SITE.

USER INTERACTIONS. To the extent permitted by applicable law, we are not responsible for Your interactions with other users of the Site or any harm or harm You may experience as a result of such interactions.

• Be responsible and take precautions when interacting with other users (including users You do not know) on the Site. Before meeting someone else in person, consider investigating, bringing a friend, choosing public places, and letting someone know where You will be. SSS is under no obligation to become involved in any user dispute, but may do so at its sole discretion.

DISCLAIMER OF WARRANTY. Some jurisdictions do not allow certain limitations or exclusions of liability, legal warranties and remedies, so these exclusions and limitations may not apply to You.

• The Site, the Content and the materials and products on this Site are provided "AS IS". We are not making any promises of any kind, including the accuracy, suitability, usefulness, reliability or otherwise of the Site. TO THE FULLEST EXTENT PERMITTED BY LAW APPLICABLE, SSS IS NOT RESPONSIBLE FOR ANY USER CONTENT POSTED ON THE SITE.
• SSS does not warrant that the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site will be free of viruses or anything else harmful.
• To the fullest extent permitted by law, SSS disclaims all warranties, express or implied, regarding the Site, Content, User Content and any products or services that You may obtain or access through the Site, including, without limitation, 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 Site, to the extent applicable law does not provide otherwise.
• We hope that You will enjoy and obtain the full benefit of the Site; however, we do not guarantee any results.

9. TERMINATION

SSS may terminate or modify any Site, member program, product or service at any time without notice.

SSS 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 Site at any time and for any reason, without any liability to GMG, subject to applicable law. You can also close your account.

• You understand and agree that some of your User Content, particularly that displayed on an activity feed or other public places on the Site, may continue to appear publicly even after your account is closed, subject to your right to have your Content User's name 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 Site.

10. INDEMNIFICATION / LIMITATION OF LIABILITY

We want You to enjoy our Site, but SSS must also protect itself against any damage it may cause.

INDEMNIFICATION AND RELEASE. You agree to indemnify, defend and hold harmless Sun and Sand Sports LLC and its distributors, including but not limited to NIKE Inc., and their respective affiliates, officers, directors, employees and any employees, agents, licensors and suppliers (the “Indemnified Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including but not limited to attorneys' fees, caused by or related in any way to your User Content, your use of the Content, your use of the Site, your conduct in connection with the Site or with other users of the Site, 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 Indemnified 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.

LIMITATION OF LIABILITY. NEITHER OF THE INDEMNIFIED PARTIES SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF DATA, RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE PERFORMANCE OF PRODUCTS PURCHASED THROUGH OF THE SITE, OR ANY USER CONTENT OR ANY OTHER ACTIVITY RELATED TO USE OF THE SITE, EVEN IF INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST INDEMNIFIED PARTIES IN CONNECTION WITH ANY DAMAGE ARISING OUT OF YOUR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. IF INDEMNIFIED PARTIES IS RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT NIKE'S LIABILITY SHALL NOT EXCEED US$100.00 OR A SUM EQUIVALENT TO THE LOCAL CURRENCY OF THE TERRITORY.

1. DIGITAL MARKETS : You acknowledge that this agreement is between You and SSS only, and not with the digital marketplace from which You downloaded (e.g. for iOS users, the App Store operated by Apple Inc. or for users Android, the Google Play store operated by Google Inc.).

11. ADDITIONAL DISPUTES/TERMS

Choice of law/jurisdiction

• You agree that the Site, the Terms, the Privacy Policy and any dispute between You and SSS will be governed in all respects by the law of Kuwait without regard to the choice of legal provisions, and not by the UN Convention on Contracts for Sale Commodities International, 1980.
• Any dispute arising out of or related to the matters of these Terms will be submitted for resolution of Kuwait City Courts, with express waiver of any other court, however special, to resolve any conflicts or controversies arising from the clauses and provisions of these Terms.
• Except where prohibited, You agree that all disputes, claims and legal proceedings, directly or indirectly, arising out of or relating to the Site (including but not limited to the purchase of NIKE products) will be resolved individually, without resorting to any form of class action, and exclusively in state or federal courts located in Kuwait.

Electronic communications

• By using the Site, You agree to receive certain electronic communications from SSS, subject to applicable law and as specified in the Online Privacy Notice.
• You agree that any notice, agreement, disclosure or other communication that SSS sends electronically will satisfy any legal communication requirements, including that such communications be in writing.

Right to assign, without waiver, severity

• SSS may assign its rights and obligations under these Terms to any party at any time without notice, unless required by applicable law, but this will not affect your rights or our obligations under these Terms.
• SSS's failure to insist on or enforce strict performance of these Terms is not a waiver of any of these Terms or SSS's rights. Users should always assume that these Terms apply.
• If any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms will continue to be enforceable.

Thanks for reading. Enjoy our community!