terms of service

Last Updated: November 19, 2014

Welcome to Niche, the social introduction app, website, and service, operated by Niche Social Inc ("we" or "us"). In order to use Niche at niche.social or our affiliated applications or websites, including without limitation any of our social introduction or social networking blogs (collectively the "Site") and make use of the services offered by us (collectively with the Site, the "Services"), you must agree to be bound by these Terms of Use (the "Terms"), and our Privacy Policy, whether or not you register as a member (a "Member"). If you object to anything in these Terms or the Privacy Policy, you are prohibited from using the Services.

These Terms and Privacy Policy are subject to change by us at any time, effective upon posting through the Services; by accessing the Services after any such change, you accept the Terms as modified.

Eligibility

Adult Users Only. The Services are not intended for individuals under 18 years of age. If you are under 18, you are strictly prohibited from using the Services, and you may not access any features that allow you to provide information to us or communicate and share information with other users. Accordingly, you represent and warrant that you are 18 years of age or older and that you have the right, authority and capacity to enter agree to and abide by these Terms.

Use of the Services

Personal Safety. Your security and safety are paramount to us. The Services naturally promote sharing of personal information among Members and non-Members. You should be aware that some of your profile information as a Member shall be public, could be indexed by Internet search engines and may be used for any purpose. We strongly advise you to use the utmost caution before sharing any personally identifiable information with others. If you believe that any individual is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to block them using the block feature, seek legal remedy, or contact us at niche.social.app@gmail.com.

Use of Information Provided by Other Users. You agree to use any information provided to you by Members, or otherwise through the Services, in a lawful and responsible manner. You agree that you will not use information about Members for any reason without the express prior consent of the Member that has provided such information to you.

You further agree not to engage in advertising to, or solicitation of, other Members, including but not limited to: transmission of chain letters or junk messages and email.

Code of Conduct

By accessing the Services, you agree to the following code of conduct:

  • You will not post any defamatory, abusive, threatening, harassing, racially offensive, discriminatory or otherwise offensive or illegal material.
  • You will treat all fellow Members with dignity and respect.
  • You will notify us promptly of any Member's violation of these Terms.
  • You will not include in your Member profile any telephone numbers, street addresses, last names, URLs, email addresses or other contact information.
  • You will not impersonate any person or entity.
  • You will not "stalk" or otherwise harass any Member or other individual.
  • You will not express or imply that any statements you make are endorsed by us without specific prior written consent.
  • You will not use manual or automatic processes to retrieve, index, datamine, or in any way reproduce or circumvent the navigational structure or presentation of the Services.
  • You will not interfere with or disrupt the Services or the servers or networks connected to the Services.
  • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware.
  • You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services.

Location-Based Services

We may offer features that are based on the location of Members and which may report on those Members' current locations. Use of Location-Based Services is solely at your discretion. Should you use Location-Based Services, you consent to collection and dissemination of your location information through the Services.

Disclaimers of Responsibility for User Actions

You are solely responsible for your interactions and arrangements with other individuals. You understand that we do not, in any way, screen individuals, including Members, nor do we inquire into the backgrounds of Members or attempt to verify their statements. We make no representations or warranties as to the conduct of Members, Members' compatibility with current or future Members, or any information concerning any venues, dates, schedules or events suggested by Members or otherwise through the Services.

In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Members.

Reservation of Rights

Right to Terminate or Deny Service. You understand that we, at our sole discretion, at any time, for any reason or no reason whatsoever, can deny or block any user from the Services and terminate any user's account.

Rights to Disclose. You acknowledge and agree that we have the right to disclose information you provide if required to do so by law at the request of a third party, or if we believe that disclosure is reasonable to comply with the law, protect or defend rights or property, or protect someone's health or safety.

Right to Review Content. You acknowledge and agree that we have no duty to prescreen, control, monitor or edit the content posted by Members. However, we may review, edit and delete any content that violates these Terms, may be offensive or illegal, or may violate rights of other Members or third parties.

Right to Change Services. You acknowledge and agree that we may modify, change, suspend or discontinue any aspect or feature of the Services without notice to you.

Account Security

You understand and agree that you are responsible for maintaining the confidentiality and security of your username and password, and you are fully responsible for anything that occurs under your account. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security.

Proprietary Rights

Ownership. We and our licensors own and retain all proprietary rights in the Services. The Services may contain copyrighted material, trademarks, and other proprietary information.

Use License. Subject to these Terms, we grant to you a limited, revocable, non-exclusive, fully paid license to access the Site Content, for the sole and limited purpose of facilitating your use of the Services.

Membership. You may become a Member at no cost.

Termination

By Member. You may terminate your membership at any time, for any reason, by following the instructions in your Settings or by sending email notice of termination to niche.social.app@gmail.com.

By Us. We, at our sole discretion, may terminate your membership for any reason or no reason. We are not required to provide you notice prior to terminating your membership.

Disclaimers / Limitations

We provide the Services "AS IS, AS AVAILABLE," without any warranty or condition of any kind and your access of the site is at your own risk. We do not warrant that our services will meet your requirements or result in any particular outcome, or that the operation will be uninterrupted or error-free. To the fullest extent allowed by law, we specifically disclaim any implied warranties of title, merchantability, non-infringement and fitness for a particular purpose.

We shall not be liable to you for any direct, special, incidental, indirect, punitive or consequential damages.

Contact

For questions about these Terms, contact us at niche.social.app@gmail.com.