- Acceptance of Terms
- Description of Service
Nichefire provides an analytical platform for competitive analysis, using social media and other data, on a subscription basis. Users can integrate social media accounts with the Service, in order for the Service to access data contained in those accounts. Any new features, services and enhancements to the Service are subject to the Terms. THE SERVICE IS PROVIDED “AS IS” AND NICHEFIRE ASSUMES NO RESPONSIBILITY FOR TIMELINESS, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE OR PERSONALIZATION SETTINGS.The Service is provided on a subscription basis. You can subscribe on a monthly basis, or you can purchase an annual package at a discounted rate. All subscriptions, whether monthly or annual, will renew automatically until cancelled. You can cancel your subscription at any time, and will receive a pro rata refund of any prepaid subscription fees, based on the date of cancellation.All users must abide by the Terms. If a user fails to follow any of the guidelines and/or rules of behavior, Nichefire can discontinue their ability to use the site.You are totally responsible for any activity that takes place under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify Nichefire immediately. It is up to you to maintain the confidentiality of your password and username.You understand that you may receive business-related communications from Nichefire such as service announcements and account administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and thus you agree to receive them and you will not be able to opt out of receiving such communications.You understand that you are responsible for obtaining access to the Service and that access may involve third-party fees. You are totally responsible for obtaining such access and paying those fees.Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new Nichefire properties, shall be subject to the then current Terms.
- Rules of Behavior
- You are solely responsible for your own communications and content including any data, images, graphics, text, audio, video, email, links, screen names you post to the site. You agree to use the Service to post and receive communications and content that are legal and proper.
- You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
- You must not violate the privacy rights of others.
- You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically, hateful, objectionable, or unlawful (or promotes or provides instructional information about illegal activities or communications that could cause harm or injury to any individual or group).
- You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters or (b) other disruptive communications.
- You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third-party without prior written permissions from the third-party, which permissions you agree to disclose to us on our request. You must not download any material that you know or reasonably should know cannot be distributed legally.
- You must not impersonate another person or entity, which includes not using anyone else’s username or password.
- You must not use the Service for any illegal or unauthorized purpose. This includes but is not limited to spamming.
- You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct and acceptable content as well as the export of data to the United States or to your country of residence.
- You cannot modify or delete any content and communications of the Nichefire site and/or of other individuals other than your own.
- You must not transmit any viruses, worms, defects, or any items and/or code of a destructive nature.
- You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.
- You must not interfere or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
- You must not state or imply that any of your submitted and or posted content is endorsed by Nichefire.
- You must not retrieve, store or collect personal information about other users for any unauthorized purpose.
- You must not engage in any ad “slamming”.
- You cannot use the Nichefire name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that Nichefire is associated with, or endorses, or is in any way connected with you, your business, or your content.
WHILE NICHEFIRE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT NICHEFIRE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, NICHEFIRE CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.
As a registered user, you may be able to upload and post a great variety of content, including but not limited to text, audio, video, photographs, graphics and other materials (“Content”). This means that you have sole responsibility, not Nichefire, for all Content that you upload post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the Rules of Behavior relating to such Content.Nichefire shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with the use of any Content. In this regard, you may not rely on any Content created by other Nichefire users or otherwise created, distributed and displayed on any part of the Service. Nichefire does not control or monitor the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.The Content created by you must be owned by you or you must have been granted prior permission to use it. Nichefire shall have no responsibility for enforcing any rights you claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless and indemnify Nichefire with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. Nichefire will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing so.You acknowledge that Nichefire may or may not pre-screen Content but that Nichefire and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, delete, any Content that violates the Terms or is otherwise objectionable.Nichefire may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third-parties, or to protect the rights, property or personal safety of Nichefire, its users and/or the public.
- Copyright Infringement. Nichefire respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, Nichefire may, but is not obligated to disable, suspend and terminate the accounts of customers who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated please contact Nichefire at [email protected] with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- A description of where the material you claim is infringing is located on the site
- Your name, address, telephone number, email address
- A statement claiming that you have a good faith belief that the disputed use has not been authorized
- A statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder.
Upon receipt of a proper notice of copyright infringement by our Designated Agent, we reserve the right to:
- Remove or disable access to the infringing material;
- Notify the content provider that we have removed or disabled access to the material; and
- Terminate such content provider’s access to the Website if he or she is a repeat offender.
If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider has the right to send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Nichefire is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Nichefire may send a copy of the counter-notice to the original complaining party informing that person that Nichefire may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Nichefire’s discretion.The Designated Agent can be contacted by email or mail at the following address:
Attn: Copyright Manager
1776 Mentor Avenue, Suite 250
Cincinnati, OH 45212
Email: [email protected]
You agree to indemnify and hold Nichefire, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, liability, claim, or demand, including actual attorney’s fees and costs, made by arising out of your use of the Service in violation of the Terms and/or your violation of any rights of another.
- Modification and Termination of the Service
Nichefire reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Nichefire will not be liable to you or any third-party for any modification, suspension or discontinuance of the Service, except for the unused portion of any subscription fees.
In order to use the Service you are required to register. Registered users are subject to the following specific terms in addition to all of the other provisions in these Terms:
- In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
- You also agree to provide true, accurate, current and complete information as required on the Service’s registration form. If you provide any information that is untrue, incomplete, not current or inaccurate, Nichefire has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof.)
- You agree that Nichefire may, under certain circumstances and without prior notice immediately terminate your account, any associated username and/or access to the Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Terms or other policies, guidelines or rules, (ii) your engagement in fraudulent or illegal activity, (iii) unexpected technical or security issues, and (iv) requests by law enforcement or other government agencies. You also agree that any termination is in Nichefire’s sole discretion and that Nichefire will not be liable to you or any third-party for any termination of your account, password, username, deletion of Content or access to the Service.
- You agree that your account is non-transferable.
- You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact Nichefire immediately. It is up to you to maintain the confidentiality of your password and account. Nichefire is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these Terms.
- Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is the property of Nichefire and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers may be protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Nichefire, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. You also acknowledge Nichefire’s exclusive rights in the Nichefire trademarks and service marks.
- Disclaimer of Warranties
The use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. NICHEFIRE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.NICHEFIRE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS., (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.No advice or information, whether oral or written, obtained by you from Nichefire or through or from the Service shall create a warranty not expressly stated in the Terms.
- Limitation of Liability
You expressly understand and agree that Nichefire will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Nichefire has been advised of the possibility of such damages), resulting from (a) the use or the inability to use the Service, (b) unauthorized access to or alteration or alteration of your transmissions or data, (c) statements or conduct of any third-party on the Service, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, or (e) any other matter relating to the Service, and in no event will Nichefire be liable for any amount of money in excess of the aggregate amount of subscriptions fees paid by you to Nichefire during the six-month period immediately preceding the assertion of your claim, which you acknowledge to be a fair and reasonable sum.
If there is any dispute about or involving the website and/or the Service, you agree that any dispute shall be governed by the laws of the State of Ohio without regard to conflict of law provisions. YOU FURTHER AGREE THAT BINDING ARBITRATION, TO BE CONDUCTED IN HAMILTON COUNTY, OHIO SHALL BE THE SOLE AND EXCLUSIVE VENUE FOR ANY CLAIMS OR DISPUTES RELATED TO THE SERVICE AND THE WEBSITE. YOU EXPRESSLY WAIVE THE RIGHT TO MAINTAIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT REGARDING THE SERVICE AND THE WEBSITE.
- General Information