Niche Video Media, LLC, a Georgia limited liability company (sometimes referred
to herein as the “Company”, “we” or “us”.) is
committed to protecting the privacy of those visiting the NicheVid.com website (the
“Website”) and using the services we provide (the “Service”).
We reserve the right to amend this policy, from time to time. Amendments will be
posted to the Website and will be effective when posted. Your initial use and your
continued use of the site following the posting of any amendment, modification,
or change shall constitute your acceptance of the amendment. We will notify the
primary account holder associated with the Service reflected in our records by email
when material changes are made to our privacy policy.
Information We Collect:
We collect the email addresses of those who communicate with us via email, information
about the pages consumers access on the Website, and information voluntarily submitted
by the consumer (for example, filling out a survey or service registration form).
The types of information that may be requested include your name, address, telephone
number, and credit card information. The information we collect is used to improve
the quality of the Service and the Website, to communicate information about the
Service, to bill your account for services provided, for research, and to contact
you about your account when necessary. Your information will not be sold to or shared
with other companies or organizations for commercial purposes, except with your
prior express permission.
Use of Cookies
When you use the Service we may store some information on your computer. This information
will be in the form of a “cookie” or similar file. Cookies are small
pieces of information stored on your hard drive, not on our server. We do not use
cookies to spy on you or otherwise invade your privacy. Cookies cannot invade your
hard drive and steal information.
We use cookies to help you navigate the Website and utilize the Service with ease,
and to remember information about your current session. You must enable cookies
in your web browser to use the Service.
Security and Storage
The Website and the Service has industry standard security measures in place to
protect the loss, misuse, and alteration of the information under our control. While
there is no such thing as “perfect security” on the Internet, we will
take all reasonable steps to insure the safety of your information.
Additionally, you retain all rights of ownership of the content you store in our
servers. We will not sell or share this data with any third party. Your privacy
and the privacy of your clients are of utmost importance to us.
Corrections and Updates
The Website allows consumers who use the Service to update or modify their information
by clicking on the My Account link on the Website’s navigation menu.
Contacting the Company:
If you have any questions about this privacy statement or your interaction with
the Website, you may contact us at [email protected].
TERMS OF USE
The Company provides the Service subject to your compliance with and agreement to
the terms and conditions set forth below, and as updated or revised from time to
time (“Terms of Service”). Please read the following carefully.You may
always view the most recent copy of the Terms of Service at:http://www.Nichevid.com
Violation of any part of the Terms of Service may result in termination of your
account, without notice.
General Account Terms
- You must be 18 years or older to use the Service.
- You must provide your full legal name, a valid email address, and any other requested
information to complete the sign-up process.
- You are responsible for maintaining the privacy and security of your account. Wewill
not be held liable for any damage or loss that may result from your failure to protect
your login information, including your password.
- Wemay communicate with you via email regarding your account, system updates, or
other issues related to your account.
- You are responsible for allvideo, images, text, audio recordings, or other work
(collectively, "Content") posted to and activity that occurs under your
account (even when Content is posted by others to your account).
- Wemay refuse service to anyone for any reason at any time.
Payment and Access
We will charge you a fee based on your purchase amount or subscription plan. The
Service will be billed before viewing the Content, and is non-refundable. There
will be no refunds made should you not use the Service during a period of time when
your account is open. No exceptions will be made.
Modifications to the Service and Fees
- Wereserve the right to modify, suspend, or discontinue the Service at any time for
any reason, with or without notice.
- Wereserve the right to change our fees. Fee change notices may be posted to the
Website.
Cancellation and Termination
You alone are responsible for the proper cancellation of your account. You may cancel
your account at any time by clicking on the My Account link and then going to the
Edit Account link. The Account screen provides a simple link to cancel your account.
Email or phone requests to cancel your account will not be honored or deemed a proper
cancellation.
We reserve the right to (i) modify or discontinue, temporarily or permanently, the
Service (or any part thereof) and (ii) refuse any and all current and future use
of the Service, suspend or terminate your account (any part thereof) or use of the
Service and remove and discard any of your content in the Service, for any reason,
including, but not limited to, our belief that you have violated these Terms of
Service. We may elect to contact you directly via email to warn you prior to suspension
or termination of your account. Any suspected fraudulent, abusive, or illegal activity
that may be grounds for termination of your use of Service, may be referred to appropriate
law enforcement authorities. The Company shall not be liable to you or any third
party for any modification, suspension or discontinuation of the Service.
Code of Conduct
- In using the Service, you must behave in a civil and respectful manner at all times.
Furthermore, you will not:
- Act in a deceptive manner by, among other things, impersonating any person
- Harass or stalk any other person
- Harm or exploit minors
- Distribute "spam"
- Collect information about others
- Advertise or solicit others to purchase any product or service
- NicheVid.com has the right, but not the obligation, to monitor all conduct on and
content uploaded to the Site.
Content uploading guidelines
- You may not upload, post, or transmit (collectively, "Submit") any Content
that:
- Infringes any third party's copyrights or other rights as outlined in our copyright
section below.
- Contains sexually explicit content or pornography (provided, however, that non-sexual
nudity is permitted)
- Contains hateful, defamatory, or discriminatory content or incites hatred against
any individual or group
- Exploits minors
- Depicts unlawful acts or extreme violence
- Depicts animal cruelty or extreme violence towards animals
- Promotes fraudulent schemes, multi-level marketing schemes, get rich quick schemes,
Ponzi schemes, online gaming and gambling, cash gifting, work from home businesses,
or any other dubious money-making ventures which we may determine in our sole discretion
- Violates any applicable law or regulation.
All videos you submit must also comply with our Uploading Guidelines, which
are incorporated herein by reference.
Copyright and Ownership of the Service
The Company and its suppliers own the intellectual property rights to any and all
protectable components of the Service, including but not limited to the name of
the Service, artwork and end-user interface elements contained within the Service,
many of the individual features, and the related documentation. You may not copy,
modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble
any aspect of the Service which Niche Video Media or its suppliers own.
Copyright of Content
The Company claims no intellectual property rights over the Content you upload or
provide to the Service. However, by using the Service, you agree that others may
view and share your Content. Therefore, you grant us an irrevocable license to use
and share the Content, in connection with the Service. You are expected to comply
with all applicable State, federal and international laws and regulations related
to use and ownership intellectual property and agree that your Content shall not
contain any unauthorized protected materials. This shall include rights protected
under the Digital Millennium Copyright Act, as it exists today or as it may be amended
in the future.
By submitting Content you represent and warrant that the Content is in compliance
with said laws and agree to indemnify and hold the Company harmless from any and
all liability (including attorneys’ fees) which we may suffer as a result
of your violation or alleged violation of said laws.
General Conditions
- Your use of the Service, including any Content, information or functionality contained
within it, is provided “as is” and “as available” with no
representations or warranties of any kind, either expressed or implied, including
but not limited to, the implied warranties of merchantability, fitness for a particular
purpose, and non-infringement. You assume total responsibility and risk for your
use of the Service. You agree not to resell, duplicate, reproduce or exploit any
part of the Service without the express written permission of the Company and any
other required parties.
- You may not use the Service to store, host, or send unsolicited email (spam) or
SMS messages.
- You understand that the Service can be used for transmission of your Content, and
that during processing your Content may be transferred unencrypted over the internet.
- You may not use the service to transmit any viruses, worms, or malicious content.
- The Company makes no warranties regarding (i) your ability to use the Service, (ii)
your satisfaction with the Service, (iii) that the Service will be available at
all times, uninterrupted, and error-free, (iv) the accuracy of mathematical calculations
performed by the Service, and (v) that bugs or errors in the Service will be corrected.
- The Company, its affiliates and its sponsors are neither responsible nor liable
for any direct, indirect, incidental, consequential, special, exemplary, punitive
or other damages arising out of or relating in any way to your use of the Service.
Your sole remedy for dissatisfaction with the Service is to stop using the Service.
- If any provision of the Terms of Service is held invalid or otherwise unenforceable,
the enforceability of the remaining provisions shall not be impaired thereby.
- The Company may, but has no obligation to, remove Content and Accounts containing
Content that we determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or violates
any party’s intellectual property or these Terms of Service.
- The failure of the Company to exercise any right provided for herein shall not be
deemed a waiver of any right hereunder. The Terms of Service sets forth the entire
understanding between you and the Company as to the Service and supersedes any prior
agreements between you and the Company (including, but not limited to, prior versions
of the Terms of Service).
- Any questions regarding the Terms of Service should be addressed to
[email protected].
Export Compliance
- You are responsible for complying with any applicable laws, rules, or regulations
governing the export of the Service or any of its components.
Governing Law
These Terms of Service shall be governed by the laws of the State of Georgia without
regard to the principles of conflicts of law. You hereby expressly agree to submit
to the exclusive personal jurisdiction of the federal and state courts of the State
of Georgia for the purpose of resolving any dispute relating to your access to or
use of the Service. Further, you agree that the venue for any actions related hereto
shall be Fulton County, Georgia.
