Terms of Service
Effective Date: May 25, 2018
Welcome to Niche!
Niche, a service operated and provided by Twitter, Inc. and Twitter International Company (collectively, "Niche," "we," "us," "our"), provides services through its website(s), including www.niche.co (collectively, the "Services"). For users in the United States, these Terms are an agreement between you and Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103 U.S.A. For users outside the United States, these Terms are an agreement between you and Twitter International Company, an Irish company with its registered office at One Cumberland Place, Fenian Street Dublin 2, D02 AX07 Ireland.
These Terms of Service ("Terms") govern your access to, and use of, the Services and any Content (defined below). By using the Services, you agree to be bound by these Terms.
We may change these Terms from time to time. If we make changes, we will notify you by revising the date at the top of the Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Terms whenever you access the Services or otherwise interact with us. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms.
Who May Use the Services
If you are under 16 years of age, you are not authorized to use the Services. In addition, if you are under 18 years old, you may use the Services only with the approval of your parent or guardian. You may use the Services only if you are able to form a binding contract with Niche and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Your Account and Password
Account: You may be required to create an account in order to access and use certain features of the Services. If you choose to create an account, you agree to provide and maintain true, accurate, and up-to-date information in your account.
We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
Password and Security: You are responsible for maintaining the confidentiality of your password and account and are fully responsible for any and all activities that occur under your password and account. Use a strong password and limit its use to this account and ensure that you log out from your account at the end of each session when accessing the Services. Niche will not be liable for any loss or damage arising from your failure to comply with this Section.
General Practices Regarding Use and Storage: You acknowledge that Niche may establish general practices and limits concerning the Services, including, without limitation, limits on use, storage capacity and the period of time that Content (defined below) will be maintained on the Services. You agree that Niche has no responsibility or liability for the removal, deletion or failure to store any Content or other information maintained by, or uploaded to, the Services. You further acknowledge that Niche reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
User Conduct; License
User Conduct: You are solely responsible for your use of the Services and for all videos, images, information, data, text, software, music, sound, photographs, graphics or other materials that you upload, share, post, publish, display or otherwise transmit via the Services (“Content”), including compliance with applicable laws, rules and regulations. You should only provide Content that you are comfortable sharing with others.
You will not upload, share, post, publish, display or otherwise transmit any Content that you did not create or for which you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein.
The following are examples of the kind of Content and/or use that is illegal or prohibited by Niche. Niche reserves the right to investigate and take appropriate legal action against anyone who, in Niche's sole discretion, violates this provision, including, without limitation, removing the offending content from the Services, suspending or terminating the Niche account of such violators and reporting you to the law enforcement authorities.
You agree to not use the Services to:
- share or otherwise transmit any content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Niche, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Niche or its users to any harm or liability of any type;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
License: By submitting, posting or displaying Content on or through the Services, you grant Niche a non-exclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to use, copy, reproduce, process, adapt, modify, display, perform, distribute, publish, transmit and store your Content in connection with the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You agree that this license includes the right for Niche to provide, promote, and improve the Services, to make Content submitted to or through the Services available to other companies, organizations or individuals and to analyze data from your activities (including data or other Content that you may upload or post) on connected Social Media Services (defined below). Such additional uses by Niche, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
Using the Services
Using the Services: You agree not to misuse the Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) modify, copy, frame, reproduce, duplicate, copy, create derivative works based on, rent, lease, loan, sell, resell or distribute the Services (or any portion thereof) (except that the foregoing does not apply to your own Content); (ii) use any data mining, robots, scraping or similar data gathering or extraction methods; (iii) access, tamper with, or use non-public areas of the Services, Niche’s computer systems, or the technical delivery systems of Niche’s providers; (iv) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce the Terms, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Niche, its users and the public.
If you are blocked by Niche from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
Modifications to the Services: The Services may change from time to time, at our discretion. We reserve the right at any time, with or without notice to you, to modify the Services (or any part thereof) and/or discontinue, temporarily or permanently, providing the Services (or any part thereof). You acknowledge that such modifications or discontinuance to the Services may result in changes to the data and statistics that you see associated with your Niche account profile. You agree that Niche is not liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any portion thereof).
Intellectual Property Rights
Niche gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the technology and software underlying the Services (the "Software"). This license has the sole purpose of enabling you to use the Services in the manner permitted by these Terms. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
All right, title and interest in and to the Software and Services (excluding Content provided by users) are and will remain the exclusive property of Niche and its licensors. Any rights not expressly granted herein are reserved by Niche.
The Services are protected by copyright, trademark and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Niche name or any other trademarks, logos, domain names, and other distinctive brand features owned by Niche or any of its affiliates. Third party product, service names and logos displayed in or through the Services may be trademarks or service marks of their respective third party owners.
You acknowledge and agree that any comments, suggestions, ideas or feedback about the Services ("Submissions") that you may provide to Niche are non-confidential, and Niche will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Content on the Services
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any such Content or materials nor do we endorse any opinions expressed in any Content. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content.
Niche respects the intellectual property of others and expects users of the Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us, as described in our Copyright policy (https://support.twitter.com/articles/15795). If you believe that your Content has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please report this by visiting our Copyright reporting form (https://support.twitter.com/forms/dmca) or contacting our designated copyright agent at:
Attn: Copyright Agent
1355 Market Street, Suite 900
San Francisco, CA 94103
Third Party Websites
The Services may include links or other access to other sites and resources on the Internet. Niche has no control over such sites and resources, and Niche is not responsible for, and does not endorse, such third party sites and resources. You further acknowledge and agree that Niche will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, products or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Niche is not liable for any loss or claim that you may have against any such third party.
Connected Third Party Social Media Services
You may choose to log into the Services via certain online third party services, such as Twitter, Facebook or Instagram ("Social Media Services"). You may also choose to connect your Niche account to one or more of your accounts on these Social Media Services through functionality provided by the Services. To take advantage of this feature, you will be asked to authenticate, register for and/or log into Social Media Services on the websites of the respective third party providers (you will need to provide your login information, including your password, directly to such Social Media Services, and not to Niche). If you choose to connect one or more of your Social Media Services accounts, as part of such integration, you acknowledge that Niche will have access to, and you authorize Niche to have access to, certain data, content and information from your Social Media Services account(s). The manner in which third party providers of the Social Media Services use, store, share, remove and delete data, content and information from the Social Media Services is governed by the terms and conditions, privacy policies and other applicable policies of such third party providers, and Niche has no liability or responsibility for the policies, practices or other actions of any such third party sites, applications or services. In addition, Niche is not responsible for the accuracy, availability or reliability of any information, data, content, products, opinions, advice or statements made available on or through the Social Media Services. As such, Niche is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Media Services. The integration or inclusion of such features does not imply an endorsement or recommendation of any particular Social Media Services.
Disclaimer of Warranties
YOUR ACCESS AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE “NICHE ENTITIES” REFER TO TWITTER, INC., ITS PARENTS, AFFILIATES AND RELATED COMPANIES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE NICHE ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE NICHE ENTITIES MAKE NO WARRANTY OR REPRESENTATION THAT THE SERVICES, CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE,COMPLETE, ACCURATE, UP-TO-DATE OR RELIABLE. THE NICHE ENTITIES DISCLAIM ALL LIABILITY FOR: (A) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO, OR USE OF, THE SERVICES, CONTENT OR ANY OTHER INFORMATION THAT MAY BE MADE AVAILABLE ON OR THROUGH THE SERVICES AND (B) THE DELETION OF, OR FAILURE TO STORE OR TRANSMIT, ANY CONTENT AND OTHER INFORMATION MAINTAINED BY THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE NICHE ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE IN THESE TERMS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NICHE ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR REVENUES (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR ANY OTHER INTANGIBLE LOSSES OR THE COSTS OF PROCUREMENT OF ANY SUBSTITUTE GOODS AND SERVICES RESULTING FROM: (I) THE ACCESS AND USE OR THE INABILITY TO ACCESS AND USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR CONTENT OR OTHER DATA OR INFORMATION MAINTAINED BY THE SERVICES; (III) ANY CONDUCT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (IV) ANY CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES. IN NO EVENT WILL THE NICHE ENTITIES’ TOTAL, AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID NICHE OR HAVE BEEN PAID BY NICHE, AS APPLICABLE, IN THE LAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS (U.S.$100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE NICHE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Indemnity and Release
You agree to release, indemnify and hold the Niche Entities harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Content, your violation of these Terms or your violation of any rights of another.
You agree that Niche, in its sole discretion, may suspend or terminate your account (or access to any part thereof) or use of the Services and remove your Content from the Services, for any reason, including, without limitation, for prolonged inactivity or violation of (or alleged violation of) these Terms. Niche may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination or suspension of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Niche may immediately deactivate or remove your account, your Content and all related data, information and files in your account. Further, you agree that Niche will not be liable to you or any third party for any termination or suspension of your access to the Services. In the event of termination of these Terms, your license to use the Services shall immediately and automatically cease. The following sections shall survive termination of these Terms: 2, 4 and 6 through 15.
If you are contracting with Twitter, Inc. under these Terms, the Terms, and any Dispute (defined below) between you and Niche, shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflict/choice of law principles. If you are contracting with Twitter International Company under these Terms, the Terms, and any Dispute (defined below) between you and Niche, shall be governed by, and construed in accordance with, the laws of England and Wales, excluding application of its conflicts of law principles. “Dispute” means any dispute, claim or controversy arising out of these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate.
In any case (i.e., regardless of Twitter contracting entity), if a Dispute arises under these Terms, the following terms in this section will apply. You agree to provide Niche with notice of the Dispute, and to provide a ten (10) business day resolution period in which we may attempt to work out the Dispute informally. If, after the ten business day resolution period, we cannot work out the Dispute, you agree to bring any Dispute arising out of these Terms in binding arbitration before a single, mutually agreed upon arbitrator. You and Niche hereby expressly waive trial by jury. The arbitration shall be administered by JAMS pursuant to its expedited rules for arbitration. You may bring claims only on your own behalf, and unless you and Niche both agree, the arbitrator may not consolidate more than one person’s claims. In a Dispute involving U.S. $25,000 or less, the arbitrator will hold a telephonic hearing, unless the arbitrator determines that good cause exists to justify an in-person hearing. Any in-person hearing will take place in San Francisco, California. Judgment on any award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. As an alternative to arbitration, you may bring your claim in your local “small claims” court if permitted by that small claims court’s rules. For any small claims court or arbitration Dispute, you and Niche both agree that any Dispute covered by these Terms (except for intellectual property disputes) must be filed within one (1) year from the first point at which the Dispute could be filed.
Any Disputes not subject to arbitration under Section 14 will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Niche’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.