IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.
IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF NICHE'S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
Niche Networks Ltd, a company registered in Hong Kong under license 2148974, is the sole contracting party liable for any obligations to you under this Agreement.
By visiting the Website, using the Services, and/or making payments for the use of the Website and/or the Services, you agree that the only party liable to you under this Agreement is Niche Networks Ltd.
The services provided by Niche Networks Ltd consist of an online account that provides a business listing and other digital marketing services.
The Services enable you as a customer to enjoy some or all of the following benefits:
Niche may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (as defined below).
Niche may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Niche reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
You represent and warrant to Niche that: (i) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful; (iii) and you will maintain the accuracy of such information.
This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
The Website, the Services, and their contents may only be used under the terms of this Agreement. All materials displayed or performed on the Website or in the Services, including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Niche Content,") may be protected by copyright.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Niche Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Niche Content or other proprietary rights not owned by you (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
In the course of using the Services, you may provide information that may be used by Niche in connection with the Services. You also give the express right to Niche to use any of the information and content available on your public social media accounts, specifically Facebook, Instagram, Twitter (¨your Content¨)
You understand that Niche hereby is and shall be granted a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable right to use, process, store, copy, reproduce, reformat, translate, modify and create derivative works of your Content (including all related intellectual property rights) in connection with Niche's provision of the Services.
You confirm that you have abided in the past and shall abide in the future by all copyright notices, trademark rules, information, and restrictions, and have not uploaded or shall not upload any content with proprietary rights not owned by you (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. For clarity, the foregoing license grant to Niche does not affect your ownership of or right to grant additional licenses to the material in Your Content.
You are responsible for all of your Content in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services.
Under no circumstances will Niche be liable in any way for the use of any of your Content, including, but not limited to, any errors or omissions in any Content, including without limitation advertisements generated by the Services, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
As a condition to using the Services, you will be required to register with Niche and set a password. You shall provide Niche with accurate, complete, and updated registration information about your own business. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password
You will indemnify and hold Niche, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs, and attorneys' fees) from any claim or demand made by any third party due to or arising out of your use of the Services, or the infringement by you of any intellectual property or other rights of any person or entity.
IN NO EVENT SHALL NICHE OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT OVER THE FEES PAID BY YOU FOR THE SERVICES DURING THE 6 MONTHS PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND NICHE'S REASONABLE CONTROL.
Niche reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees inclusive of any taxes levied at the rate specified and in force at the time, as described on the Website in connection with such Services selected by you in the form of a subscription. All subscriptions taken directly through your Niche account auto-renew at the end of their term unless canceled in advance and you agree for Niche to take payment from the payment method linked to your account.
Niche reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website.
Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
Any fees paid hereunder are non-refundable, unless Niche elect, at their entire discretion, to provide a full or partial refund for any subscription. This refund will be net of any third-party costs borne by Niche in providing the refund.
The Services may imply links, posts, and features on third-party websites that are not owned or controlled by Niche. When contracting the Services, you agree that Niche may use Your Content to perform the Services, market, advertise, and promote your business on these websites, and acknowledge that there may be an inherent risk for lack of full control.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time, however, any fees paid for the Services are non-refundable unless Niche elect, at their entire discretion, to provide a full or partial refund for any subscription. This refund will be net of any third-party costs borne by Niche in providing the refund.
Niche may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Niche may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable, or sublicensable by you except with Niche's prior written consent.
Niche may transfer, assign or delegate this Agreement and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Niche in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
This Agreement shall be governed by the laws of Hong Kong.
If you have any questions, complaints, or claims concerning the Services, you may contact us at firstname.lastname@example.org