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ZELUS.COM WEBSITE TERMS AND CONDITIONS OF USE

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

If you live in any of the following countries or regions, additional terms may apply to you and are viewable at the bottom of these Terms. We display the country/region within the Terms when applicable. These additional terms override the Terms below to the extent of any inconsistency. Argentina, Australia, Brazil, Canada, Colombia, and all European countries (including specific terms for Austria, Belgium, France, Germany, Italy, Poland, and Switzerland).

Welcome to Zelus.com, operated by Zelus Sport Limited, registered in England and Wales under company number 10004967, and whose registered office is at Station House, Stamford New Road, Altrincham, United Kingdom, WA14 1EP (which we may refer to as “Zelus,” “we,” “us,” or “our“). Zelus is the official teamwear licensee of Nike Inc, and authorised to use Nike’s logos, brands and symbols in the design, manufacturing, distribution and sale of teamwear sports merchandising. You are reading these Terms because you are using the zelus.com website (“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.

These Terms create a legally binding agreement between you and Zelus regarding your use of the Platform. A few important points:

  • Our Terms May Change. Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. [See Canada terms.] 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.
  • Change to the site. We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.
  • Privacy Policy. Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.
  • Cookies Policy. Our Cookies Policy describes information about the cookies on our site.

1. GROUND RULES

Eligibility

You are only eligible to use the Platform if you are of legal age in your country/region or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries or regions.

2. OWNERSHIP OF CONTENT

Except for User Content (defined below), all of the content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content“) – is owned by Zelus or others we license Content from, and is protected by copyright, trademark, patent and other laws. Zelus reserves 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 Inc and/or its Affiliates. 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 Zelus approves the download or use of Content comprised of copyrights or copyrightable works, Zelus grants you 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 Zelus 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. Zelus 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. Zelus reserves the right to take down any Content in violation of these terms or Zelus’/Nike Inc’s or its affiliates’ intellectual property rights. Zelus allowing you this limited use does not constitute a waiver of any of Zelus’ rights to the Content.

Outside of the specific usage rights granted to you by Zelus 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 Zelus’ prior written consent. Unauthorised 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.

3. POSTING CONTENT ON THE PLATFORM

User Content License

Some parts of the Platform allow you to upload and submit to Zelus your name, email address, comments, questions, and/or other content, which we refer to as “User Content.” Zelus is not responsible for User Content others upload and/or post to the Platform. User Content is owned by you or whoever created it, but when you upload and/or post User Content you license it to Zelus as described below and warrant and represent that:

  • You have all the rights, licenses, consents and releases necessary to upload and/or post your User Content, and you grant Zelus a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, distribute, publicly display, publicly perform, and otherwise exploit in any manner any of the User Content that you upload and/or post on or in connection with the Platform, including sponsor logos or 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, assign these rights, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Zelus may, in its sole discretion, remove any User Content at any time. [See Argentina, Colombia, Belgium and Philippines terms.]
  • Neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Zelus’ use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You understand that deleted User Content may persist in Zelus’ 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. Zelus does not assume any responsibility or liability for any User Content uploaded by you, for removing it, or not removing it or other content. Zelus does not endorse any User Content. Zelus may at our own discretion, ask for proof of ownership should any doubts arise.

We expressly forbid you to upload content that may:

  • Violates any law, rule or regulation.
  • Interfere with or disrupt the services provided by Zelus or any server or network used to support or provide such services.
  • Use any software or program that damages, interferes with or disrupts the services provided by Zelus or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
  • Use the services provided by Zelus to cause nuisance, annoyance, inconvenience, or property damage, for example using vulgar or harassing language, being abusive, or spamming, to any party using such services. Hate speech is not tolerated.
  • Contribute User Content or organize or participate in any activity, group or association that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, or is otherwise reasonably objectionable.
  • Upload or distribute User Content that is illegal or that you don’t have permission to freely distribute, including the personal information of another person.
  • Upload or distribute any content that Zelus (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
  • Use any robot, spider or other automated device or process to access the services provided by Zelus for any purpose or copy any material from such services.

4. 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 Zelus 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. [See Colombia and Belgium terms.]

5. COPYRIGHT INFRINGEMENT

Please consult your legal advisor before filing a notice with us because there may be penalties for false claims.

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. [See France Terms]

  • Name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorised to act on his/her behalf;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where on the Platform the content that you claim is infringing is located;
  • A written statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
  • 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.

Send copyright infringement complaints to:

Legal Department – Legal@zelus.com
Zelus Sport Limited, Station House, Stamford New Road, Altrincham, United Kingdom, WA14 1EP.

6. PARTNERS ON THE PLATFORM

From time to time, Zelus 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 Zelus 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 any Third Party’s sites and terms of use and privacy policy. Zelus is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.

7. IMPORTANT DISCLAIMERS

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ZELUS 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.

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. [See Italy terms.]

WARRANTY DISCLAIMER

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you. [See Canada and Germany terms.]

  • 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, ZELUS IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
  • Zelus does 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, Zelus disclaims 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.

8. TERMINATION

Zelus may terminate or modify any Zelus Platform, product or service at any time without notice.

Zelus may delete 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 Zelus, subject to applicable law.

These Terms remain in effect even after you have stopped using the Platform.

9. INDEMNIFICATION / LIMITATION OF LIABILITY

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

Indemnification and RELEASE

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you. [See Canada, France and Germany terms.]

You agree to indemnify, defend, and hold harmless Zelus, its affiliates, officers, directors, employees, agents, licensors and suppliers and Nike Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Zelus 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 Zelus 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

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. [See Canada, France]

NONE OF THE ZELUS 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 CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF THE ZELUS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST THE ZELUS PARTIES IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF ONE OR MORE OF THE ZELUS PARTIES IS 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, ZELUS PARTIES LIABILITY SHALL NOT EXCEED US$100.00 OR EURO€100.00 IF YOU LIVE IN EUROPE.

10. DISPUTES / ADDITIONAL TERMS

Choice of Law/Jurisdiction

[If you live in any of the following countries/regions, different “Choice of Law/Jurisdiction” terms set out below may apply to you: Argentina, Austria, Brazil, Canada, France, Germany, Italy, Poland, Switzerland terms.]

You agree that the Platform, Terms, and any dispute between you and Zelus shall be governed in all respects by the laws of England and Wales, without regard to the choice of law provisions.

Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform shall be resolved and exclusively in the competent courts of England and Wales.

All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

Electronic Communications

By using the Platform, you agree to receive certain electronic communications from Zelus, subject to applicable law.

You agree that any notice, agreement, disclosure or other communication that Zelus sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Right to Assign, No Waivers, Severability

Zelus may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.

Zelus’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or Zelus’s rights. Users should always assume these Terms apply.

If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

Thanks for reading. Please enjoy our Platform!