Conditions d'utilisation

Terms of Use 

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE NIKE STRENGTH PLATFORM. 

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 (“NIKE STRENGTH” or “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. 

MTCN EU VENTURES B.V. is a wholly-owned subsidiary of DIMENSION 6 FITNESS CORPORATION who is an authorized licensee of NIKE USA, Inc. and NIKE Retail B.V. (together “NIKE”).  MTCN EU VENTURES B.V. is the operator of the NIKE STRENGTH Platform and is an independent business that is not owned or operated by NIKE or its affiliates.   

Please read these Terms of Service carefully before accessing or using the Platform.  These Terms create a legally binding agreement between you and MTCN EU VENTURES B.V. (which we may refer to as “MTCN VENTURES” “we,” “us,” or “our”) regarding your use of the Platform.  If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use the NIKE STRENGTH 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. 
  • Privacy Policy.  Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform. 
  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. 

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, MTCN VENTURES IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT. 
  1. OWNERSHIP OF CONTENT

Except for User Content (defined below), all of the content on our Platform - including text, designs, graphics, photos, sounds, videos, interactive features, articles, news stories, sketches, animations, general artwork and other content ("Content") - is owned by MTCN VENTURES, affiliates of MTCN VENTURES, NIKE or others we license Content from, and is protected by copyright, trademark, patent and other laws. MTCN VENTURES and NIKE reserve all rights not expressly described in these Terms. 

  • 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 MTCN VENTURES 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 MTCN VENTURES 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.  MTCN VENTURES 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.  MTCN VENTURES reserves the right to take down any Content in violation of these terms or MTCN VENTURES or NIKE’s intellectual property rights.  Allowing you limited use of the Platform does not constitute a waiver of any of MTCN VENTURES’s or NIKE’s rights to the Content. 
  • Outside of the specific usage rights granted to you by MTCN VENTURES 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 MTCN VENTURES’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. 
  • In the event of a breach or violation by you the obligations pursuant to this paragraph, you shall immediately cease your activities and forfeit to MTCN VENTURES an immediately payable penalty in the amount of EUR 10,000 and of EUR 1,000 for each day that such breach or violation continues, without prejudice to the right of MTCN VENTURES to claim full compensation for damages incurred by it as a result of the breach or violation. You acknowledge and agree that this penalty clause is valid and enforceable and that the amount of the penalty is reasonable - and not exorbitant – in relation to the possible consequences to MTCN VENTURES of a breach by you of this paragraph. 

3.  POSTING CONTENT ON THE PLATFORM 

User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.”  MTCN VENTURES is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to MTCN VENTURES as described below: 

  • You represent that you have the right to post your User Content, and you grant MTCN VENTURES 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. MTCN VENTURES may, in its sole discretion, remove any User Content at any time. 
  • You understand that deleted User Content may persist in MTCN VENTURES’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.  

LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS.  You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to MTCN VENTURES and NIKE a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services. 

 

4.  USER CODE OF CONDUCT 

We’re excited to have you contribute to the NIKE STRENGTH community.  Here are a few basic rules: 

  • 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 MTCN VENTURES 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. 
  • Do not post or engage in any discriminatory, racist, or sexist behaviour on the Platform. 
  • 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 MTCN VENTURES, its affiliates, or NIKE. 
  • HAVE FUN! 

5.  COPYRIGHT INFRINGEMENT 

We may terminate the accounts of Platform users found to infringe third party copyrights.  If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information: 

 

  1. name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; 
  1. a description of the copyrighted work that you claim has been infringed; 
  1. a description of where on the Platform the content that you claim is infringing is located; 
  1. 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 
  1. a statement by you 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. 

 

Please send copyright infringement complaints to: 

MTCN EU VENTURES B.V. 

Valkenboskade 613 

2563 JG Den Haag   

Netherlands 

admin@dim6fitness.com 

 

6.  PARTNERS ON THE PLATFORM 

From time to time, we may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”).  You may be able to connect with these Third Parties through the Platform, but this does not mean we endorse, monitor or have any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies.  You should carefully review any Third Party’s sites and terms of use and privacy policy. We are not responsible or liable for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk. 

 

7.  IMPORTANT DISCLAIMERS PHYSICAL ACTIVITY 

The Platform may include features that promote physical activity, nutrition or general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes.   

  • 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, MTCN VENTURES is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features on the platform or following incorrect assembly, installation, or use of any NIKE equipment shown or offered for sale 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. 
  1. USER INTERACTIONS.  To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions.
  • 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. 
  • 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, MTCN VENTURES is 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. 

9.  TERMINATION 

We may terminate or modify any NIKE STRENGTH Platform, member program, product or service at any time without notice. We may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to us, subject to applicable law.     

  • 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. 

10.  INDEMNIFICATION / LIMITATION OF LIABILITY 

We want you to enjoy our Platform, but we must also protect ourselves from any damages you may cause. 

You agree to indemnify, defend, and hold harmless MTCN VENTURES, NIKE, and each of their affiliates, officers, directors, employees, agents, licensors and suppliers (the “Indemnified Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms 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. 

 

None of the indemnified parties will be liable for any direct, special, incidental, indirect or consequential damages, including without limitation for any lost profits or lost data, that result from the use of, or the inability to use, the Platform or the performance of the products purchased through the Platform or the conduct of other platform users (whether online or offline), or attendance at a NIKE STRENGTH event, or any user content or any other activity in connection with the use of the Platform, even if the indemnified parties have been advised of the possibility of such damages.  You assume total responsibility for your use of the Platform. Your only remedy against the indemnified parties in connection with any damages arising from your use of the platform or any content is to stop using the Platform. If the indemnified parties are found to be liable to you for any damage or loss which is in any way connected with your use of the Platform or any content, their liability shall not exceed EUR100.00.   

 

11.  DISPUTES / ADDITIONAL TERMS 

 

These Terms of Use, as well as all other agreement concluded in connection herewith, are governed by the laws of the Netherlands. The applicability of the Vienna Sales Convention 1980 (CISG) is explicitly excluded. 

 

All disputes arising from these Terms of Use or other agreement concluded in connection herewith will, insofar as not otherwise required by mandatory law, in the first instance be subject exclusively to the judgment of the competent court in Amsterdam, on the understanding that MTCN VENTURES has the right to bring claims against you, concurrently or not, before other judicial bodies with jurisdiction to consider such claims. 

 

Electronic Communications 

  • 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. 

Right to Assign, No Waivers, Severability 

  • MTCN VENTURES may assign its rights and duties under these Terms of Use 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 of Use.  
  • MTCN VENTURES’s failure to insist upon or enforce strict performance of these Terms of Use is not a waiver of any of these Terms or MTCN VENTURES’s rights. Users should always assume these Terms of Use apply. 
  • If any provision in these Terms of Use is held invalid or unenforceable, the remainder of these Terms of Use shall continue to be enforceable. 

Thanks for reading.  Please enjoy our community!