By accessing this website and mobile application, you are agreeing to be bound by the terms below, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site, mobile application or any other of our Services. The materials contained in this website and mobile application is protected by applicable copyright and trademark law.
Niche gives you the right to use our mobile application on a worldwide, non-exclusive basis on the terms and conditions set forth. These terms define legal use of our website and mobile application, all updates, revisions, substitutions, and any copies of our mobile application made by or for you. Niche user photos are owned by the user and not by Niche.
You shall comply with any requirements or restrictions imposed on usage of the photos by their respective owners. Please remember that Niche does not own the rights to the image, Niche user does. We provide access to the photos but we do not override any of the owners’ restrictions or requirements of said photo, which may include "All Rights Reserved" notices attached to the posted photos, Creative Commons license, Intellectual Property license or other terms and conditions that may be agreed upon between you and the owners. In EVERY case, you alone are responsible for the use of Niche photo in compliance with photo owners’ requirements and restrictions.
While using Niche mobile application or browsing through our website, you must comply with any terms and conditions the owner of the photo has attached to it. For example, if a user marks a photo as "private" after using your service, your application must reflect the change as soon as possible. If your application has cached said image, you must remove any copies from your application as soon as possible. You must remove any information or photos from your application if any Niche user has asked you to do so within a 24 hour time period.
By submitting User submissions on the website, application or otherwise through the Service, you hereby do and shall grant Niche a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the website or mobile application, the Service and Niche (and it’s successors and assigns) business, including without limitation for promoting and redistributing part or all of the website and mobile application (including without limitation, third party websites). You also hereby do and grant each user of the website, mobile application or Service a non-exclusive license to access your User Submissions through the website, mobile application and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform rights in your User Submissions, including the right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing with Niche.
By way of example, and not as limitation, you shall not (and not permit any third party to) either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution or any Content on or through the Service, including without limitation any User Submission that: Spam, or otherwise harass users with unwanted likes, comments or other actions that might in any harm Niche users. Nor shall you store or cache any Niche users information or photos for an unreasonable time period in order to provide the service you are providing to Niche users.
Use Niche mobile application or website that constitutes, promotes or is used in affiliation or connection with spyware, adware or other malicious programs or code.
Use Niche mobile application or website in any manner to contribute to illegal activities, any way violate any laws or regulations, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
Use the Niche logo, image, name or any affiliated companies and subsidiaries of Niche in any promotional items, such as banners, prints, advertisements etc…
Not use Niche mobile application or website in a manner that adversely impacts the stability of Niche servers or adversely impacts the behavior of other applications using Niche mobile application and website.
Not use the Niche logo or any other related material attached to Niche as a company without written permission by Niche.
Infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity or violates any law or contractual duty.
Is inappropriate as determined by the Niche in its sole discretion.
Impersonates any person or entity, including any employee or representative of Niche include anyone’s identification documents or sensitive financial information.
Niche has zero tolerance policy against child pornography or any material relating to this subject, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
Niche may decide to provide you with support or modifications for the Niche API, in its discretion, and may terminate such Support at any time without notice. Niche may adjust, change, suspend, or discontinue any aspect of Niche at any time, this might include the availability of the Niche API. Niche also might impose limits on certain features and services or restrict access to parts or all of the Niche API and website without notice or liability.
The Service may permit you to link to other websites, services or resources on the internet, and other websites, services or resources may contain links to the website. When you access third party websites, you do so at your own risk. These other websites are not under Niche’s control, and you acknowledge that Niche is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites. The inclusion of any such link does not imply endorsement by Niche or any associations with its operators. You further acknowledge and agree that Niche is not liable, responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection during the use of or reliance on any such Content, goods or services available on or through any such websites or resources.
Niche has no special relationship with or fiduciary duty to you. You acknowledge that Niche has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
THE WEBSITE, APPLICATIONS, SERVICE AND CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND Niche EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
Niche, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME PROVINCES, STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to hold harmless and indemnify Niche and its subsidiaries, affiliates, directors, officers, licensors or other partners, and employees from and against any third party claim coming from or in any way shape or form in relations with Niche website or mobile application. This includes any liabilities or expenses from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind. Niche will use in good faith efforts to provide you with written notice of any such claims.
Niche SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE Niche API, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT Niche HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER NO CIRCUMSTANCES SHALL Niche BE LIABLE TO YOU FOR ANY AMOUNT.