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For a full list of rewards members can enjoy in each tier, please click. For most online credit card purchases from us, the Identification Number is required information. Please read our Privacy Policy linked to 14. Copyright and Trademarks Notice All Site design, graphics, text selections, arrangements, and all software are Copyright© 2016 adidas America, Inc. For information on how to do so, please visit our. In addition to earning Points for purchases, members can also earn Points for certain interactions with us. Points have no cash value and cannot be exchanged for cash. These discount vouchers may not be combined with other promotions or discounts. Except as prohibited by applicable New Jersey law , we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Web Site. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Such violations may subject the sender and his or her agents to civil and criminal penalties. After a tier upgrade a members requalification points will be set to 0. If you join the Club, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form. Existing adidas account holders can start earning Points from the day they have been migrated to the Club, and normally no prior transactions or interactions will be eligible for Points. By participating in the Club, you agree to be bound by these Terms. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. Birthday bonus Points will be awarded only once during a calendar year. Entire Agreement The Agreement constitutes the entire agreement between the user and adidas and supersedes any prior understandings or agreements written or oral. The Services and the Web Site may only be used for the intended purpose for which such Web Site and Services are being made available. If you are at least 13, but less than 18 years old or the age of majority in your location , you must also have the consent of your parent or guardian before enrolling in the Club and your parent or guardian must read and agree to these Terms. Members here by consent to their product reviews being publicly viewable. All Web Site Disputes must be resolved through individual non-class arbitration. In all matters relating to the administration of the Club, the decisions of adidas will be final. Membership start dates for the Club may vary for members depending on their account type. It is possible to become a Challenger by simply joining Creators Club. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Members will have access to the rewards in their current tier and the tiers below them. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. When you see the adidas marks, you can be sure of our quality and performance. Certain product exclusions may apply. Third Party Links From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by adidas or its affiliates. This is capped to a maximum of 10 product personalization requests per membership year. Any claim arising from the content of any offer or advertisement on the Site is a Non-Web Site Dispute. For a high-level summary of how to join the Club, how to earn points, available rewards and how to redeem the rewards, please visit the. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Your continued use of our Web Site following the posting of changes to these terms will mean you accept those changes. Privacy Your use of our Web Site and Services is subject to our Privacy Policy. You consent to the exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon. Release In the event that you have a dispute with one or more other users of the Web Site, you release adidas and its officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands and damages actual and consequential of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We may cancel your Club membership at any time for any reason in our sole discretion, including, but not limited to, if we determine that you a are ineligible, b have not user your account for an extended period of time, c violated any term or condition of the Club or any applicable law or regulation, or d engaged in any deception, forgery, fraud or committed any other abuse of the Club. If members don't include that hashtag in their review, they may forfeit the corresponding points coming from that review. You indicate your acceptance to these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Site after having the opportunity to review these Terms and Conditions. Starting at the entry level Challenger, members can progress through the different tiers by earning points. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. With respect to these Terms, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. User Generated Content — Your License to Us User Generated Content remains the intellectual property of the individual user. Additionally, you agree that you will not: i take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; ii interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site; or iii bypass any measures we may use to prevent or restrict access to the Web Site. Except as prohibited by applicable New Jersey law, neither adidas, nor any of its respective affiliates i warrants the accuracy or completeness of the information, materials or services provided on or through the Web Site or ii makes any commitments or assumes any duty to update such information, materials or services. You agree that you will not file a class action against adidas and its affiliated companies, or participate in a class action against adidas and its affiliated companies, in any Web Site Dispute. Except as prohibited by applicable New Jersey law, we make no representation as to the completeness, accuracy or currency of any information on this Web Site. When restarting your membership, your previously-earned points will not continue to your new membership. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Any claim arising from your purchase of an adidas product or service is a Non-Web Site Dispute. Neither adidas, nor any of its respective affiliates, warrants that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. Judgment on the award may be entered in any court having jurisdiction. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Members must meet the requalification requirements at the end of their membership year in order to remain at their current tier. You are personally liable for any orders placed or charges incurred through your account prior to termination. These will exclude Hype and other waiting room product launches and is subject to pre-allocated stock availability for members. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and Services. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. However, this does not guarantee that the member will get the Hype product if they participate. Through your use of the Web Site and Services, you may be exposed to User Generated Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. By placing an order, you represent that the products ordered will be used only in a lawful manner. All other disputes are Non-Web Site Disputes. Please refer to your local laws for any such prohibitions. Furthermore, you are entirely responsible for any and all activities that occur under your account. If you do not agree to these Terms, please do not use the Web Site and exit immediately. For more details, please keep reading below. If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our Customer Service Department by email at customerservice shopadidas. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Creators Club is organized by adidas America, Inc. By becoming a member of the Club, you consent to receive marketing, promotions, special events, and other communications from adidas, its affiliates, and brands. In the event of any problem with this Web Site or any Content, you agree that your sole remedy is to cease using this Web Site. The requalification period starts on the date a member reached a new tier and ends 12 months later, always at the end of the month. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This profile bonus can only be earned once. General Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Oregon, U. If we change these Terms, we will give you notice by posting the new Terms. To the extent a party commences any action with includes both Web Site Disputes and Non-Web Site Disputes, consideration of the Non-Web Site Disputes shall be stayed until the Web Site Disputes are fully arbitrated. Any Web Site Dispute shall be determined by arbitration in Oregon before one arbitrator s. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. For purposes of these Terms, the use of any such material on any other web site or networked computer environment is prohibited. Accuracy of Information We attempt to ensure that information on this Web Site is complete, accurate and current. All purchases from this Web Site are made pursuant to a shipment contract. By posting User Generated Content on our Web Site, you grant adidas a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Generated Content throughout the world in any media, whether now known or hereafter discovered. Returns can cause members to drop down multiple tiers. Those changes will go into effect on the Revision Date shown in the revised Terms. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws including minimum age requirements in regard to the possession, use and sale of any item purchased from this Web Site. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. Termination You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. Please provide the following notice: Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you declaring under penalty of perjury that a the above information in your notice is accurate, and b that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; your address, telephone number, and email address; and your physical or electronic signature. Shipping Limitations When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. You and adidas waive any rights to maintain other available resolution processes for Web Site Disputes, such as a court action or administrative proceeding, to settle disputes. The rules in arbitration are different. If you decide to access any other web sites linked to or from this web Site, you do so entirely at your own risk. Sections 9 User Generated Content — Your License to Us ; 11 Access and Interference , 15 Limitation of Liability , 16 Legal Notice to New Jersey Residents , 17 Indemnity , and 18 Release shall survive any termination or expiration of this Agreement. When a member enters a higher tier, they will receive a one-time tier-specific discount voucher for that new tier that is good for 60 days. Members should immediately inform adidas customer service of any unauthorized use of their password or account or any other breach of security. The use of adidas trademarks on any other web site or network computer environment is not allowed. Members must include membershippoints in the body of their review. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site. This is subject to availability. In the event of any problem with the products or services that you have purchased on or through this Web Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site. This reward is subject to availability of Hype drops and stock. However, the subscription may be revoked if a returned order by a member results in a tier downgrade. If you choose to continue to use or access this Web Site after having the opportunity to read these Terms, you recognize that adidas has provided valuable consideration by offering this Web Site free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. By continuing to participate in the Club, you are agreeing to the revised Terms. You further understand and agree that sending unsolicited email advertisements to any user of the Web Site or the Web Site or through Voice computer systems is expressly prohibited by these Terms. Access and Interference You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Account Security You are entirely responsible for the security and confidentiality of your password and account. If you use these links, you will leave this Web Site. You will not remove any copyright, trademark or other proprietary notices from material found on these Web Site. Force Majeure Neither adidas nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. By using our Web Site, you assume all associated risks. Instead of suing in court, we each agree to settle Web Site Disputes only by arbitration. Please read these Terms carefully. Only one account is allowed per individual. You agree that the Agreement may be automatically assigned by adidas in our sole discretion. A member can only submit a maximum of 10 reviews per calendar year for Point credit. If a member earned points on June 9, 2019, they will expire on June 30, 2020, unless adidas explicitly states otherwise. You may unsubscribe from marketing communications at any time. All such links are provided solely as a convenience to you. The number of points required for a member to requalify for their current tier is equal to the minimum point balance needed to enter that tier. Please refer to Section 16 below. The new requalification period will start with the exact date of that tier upgrade and end 12 months later at the end of the month. You and adidas waive any right to a jury trial for Web Site Disputes. Unauthorized use of computer system You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Depending on the type of credit card you use, it is the 3- or 4-digit number printed on the back or front of your credit card. Web Site Dispute resolution — arbitration, jury trial waiver, and class action waiver Neither you nor we will be able to sue in court in connection with a Web Site Dispute. In no event shall you represent or suggest, directly or indirectly, adidas endorsement of User Generated Content. No purchase is required to enroll into the Club. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify adidas trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without adidas' prior written consent. Points are not transferable between members. Indemnity Except as prohibited by applicable New Jersey law, you agree to defend, indemnify and hold adidas and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web Site or the Internet or your purchases or the placement or transmission of any message or information on this Web Site by you or your authorized users or your violation of any law or the rights of a third party. We may also block your access to our Web Site in the event that a you breach these Terms of Service; b we are unable to verify or authenticate any information you provide to us; or c we believe that your actions may cause financial loss or legal liability for you, our users or us. Points earned after a members last tier entry will accumulate towards requalification points. If not, members will be downgraded to the tier below. By enrolling and participating in the Club, you represent that you meet these eligibility requirements. We reserve the right to modify or amend the Terms from time to time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. Except as prohibited by applicable New Jersey law, we do not guarantee continuous, uninterrupted or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control. This period will always finish at the end of the month. Subsequent changes to your profile will not be awarded Points, unless explicitly stated by adidas at that time. The corresponding tier to which members will be downgraded is the next lower tier, irrespective of the number of qualification points that the respective member has accumulated by this date. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against adidas and its affiliated companies, in any Web Site Dispute. From time to time, adidas, in its sole discretion, may change, discontinue, or add the interactions where members can earn Points and the number of Points earned, with or without prior notification to members. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation, except as prohibited by applicable New Jersey law. In the event legal action is necessary to collect on balances due, you agree to reimburse adidas for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. The Web Site, its Content and all related rights shall remain the exclusive property of adidas or its licensors unless otherwise expressly agreed. We may revoke some or all of your points or rewards if we determine that you received points or a reward due to an error, through fraud or deception, or in any manner not authorized. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print and download documents, audio and video found on our Web Site for personal, informational, and noncommercial purposes only. If you or adidas cancels your Club membership, you will lose your accumulated points. Certain tier upgrades will take 30 days from the time a members earns the qualifying points to take effect. Except as prohibited by applicable New Jersey law, in no event will adidas or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages including, without limitation, those resulting from lost profits, lost data or business interruption arising out of the use, inability to use, or the results of use of the Web Site, any web sites linked to this Web Site, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Then, any Non-Web Site Disputes will be considered by any court of competent jurisdiction. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. Members agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Creators Club.。 。 。 。 。
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