Niche Academy Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY. Niche Academy LLC ("Niche Academy," "we," or "us") offers an online learning academy and promotion platform and community through its website located at NicheAcademy.com and all subdomains. By registering as a member or by using Niche Academy’s Service in any way, you accept these Terms of Service ("Agreement"), which form a binding agreement between you and Niche Academy. If you do not wish to be bound by this Agreement, do not use Niche Academy’s Service.

Contents

  1. License to Use the Niche Academy Service
  2. Privacy
  3. Registration
  4. Account Types and Billing Terms
  5. Term and Termination; Account Deletion
  6. Content Restrictions
  7. Code of Conduct
  8. Licenses Granted by You
    1. Videos
    2. Text, Images, Quizzes, and Downloadable Files
  9. Your Representations and Warranties
  10. Indemnification
  11. Third Party Copyrights and Other Rights
  12. Disclaimers
  13. Limitation of Liability
  14. Compliance Notice Pursuant to 18 U.S.C. § 2257
  15. General Provisions

1. License to Use the Niche Academy Service

LICENSE: Niche Academy grants you a limited, non-exclusive license to access and use the Niche Academy Service for your own organizational purposes. This includes the right to view content available on the Niche Academy Service. This license is specific to your organization and may not be assigned or sublicensed to any other entity.

RESTRICTIONS: Except as expressly permitted by Niche Academy in writing, you will not reproduce, redistribute, sell, decompile, reverse engineer, or disassemble the Niche Academy Service. Nor will you take any measures to interfere with or damage the Niche Academy Service. All rights not expressly granted by Niche Academy are reserved.

2. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

  •  What information we may collect about you;
  •  What we use that information for; and
  •  With whom we share that information.

3. Registration

REGISTRATION: To use the Niche Academy Service, you must register as a user by providing your name, password, and valid email address. You must provide complete and accurate registration information to Niche Academy and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.

4. Account Types and Billing Terms

ACCOUNT TYPES: In addition to offering Trial Niche Academy accounts, we offer paid Niche Academy accounts. Please see our Pricing Page for features and pricing. Features and prices are subject to change.

CANCELLATION AND REFUNDS: All of our paid account tiers are billed annually. If you choose not to renew, your paid plan will be terminated at the end of the paid term.

BILLING TERMS: By default, all paid plans are set to automatically renew unless you submit a cancellation request to us in writing via email.

PAID PLAN CANCELLATION: When you choose not to renew your Niche Academy account will be disabled once you reach the end of the paid term.

5. Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use the Niche Academy Service and continues as long as you have an account with us.

ACCOUNT DELETION: You may choose not to renew your account at any time.  You account may be deleted at any time after the end of the renewal period.  Any content created that you desire to keep must be retrieved prior to the end of paid term.

TERMINATION FOR BREACH: Niche Academy may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Niche Academy determines that you have violated any provision of this Agreement or that your conduct or content would damage Niche Academy's reputation. If Niche Academy deletes your account for these reasons, you may not re-register for the Niche Academy Service. Niche Academy may block your email address and Internet protocol address to prevent further registration.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Niche Academy will terminate. Sections 6 and 11 through 16 shall survive termination. In the event of account deletion for any reason, your course content may no longer be available. Niche Academy shall not be responsible for the loss of such content.

6. Content Restrictions

You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:

  •  Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
  •  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 (MLM) schemes, or any other dubious money-making ventures; or
  •  Violates any law.

All content you submit must also comply with Niche Academy’s Guideline, which are incorporated into this Agreement.

7. Code of Conduct

In using the Niche Academy Service, you must behave in a civil and respectful manner at all times. Further, 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; or
  •  Distribute "spam.”

Niche Academy has the right, but not the obligation, to monitor all conduct on and content submitted to the Niche Academy Service.

8. Licenses Granted by You

8.1 Videos

LICENSE TO Niche Academy: As between you and Niche Academy, you own the video content ("videos") that you upload to Niche Academy. Niche Academy will not resell your video content without your express permission.

LICENSE TO OTHER USERS: You further grant permission to all registered students of your courses to view your videos for their personal, non-commercial purposes. If you’ve set your videos as downloadable, your students also have the right to download a copy of your videos to their personal computers. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).

DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from Niche Academy, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. ‘

8.2 Text, Images, Quizzes, and Downloadable Files

You also own all text, images, quizzes, and downloadable content that you upload into your Niche Academy courses and academies. All registered students of your courses will be able to access your content for their personal, non-commercial purposes. If you’ve uploaded downloadable documents, your students also have the right to download a copy of these documents to their personal computers.

9. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Niche Academy and grant the licenses set forth above; (ii) Niche Academy will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

10. Indemnification

a. Customer will take reasonable steps to ensure that Customer's Authorized Users will use the Products according to the terms of this Agreement, and that they will not bypass, or attempt to defeat, Niche Academy's or Customer's security measures preventing unauthorized use of the Products.
b. To the extent allowed by law, the Customer shall indemnify Niche Academy against any claims or losses, including reasonable attorneys' fees, arising in whole or in part from any violation by the Customer of subparagrah 10. a.

11. Third Party Copyrights and Other Rights

Niche Academy respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice via email.

12. Disclaimers

Niche Academy reserves the right to modify our Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to Niche Academy. Niche Academy has no obligation to screen or monitor any content and does not guarantee that any content available on the Niche Academy Service complies with this Agreement or is suitable for all users.

Niche Academy provides its Service on an "as is" and "as available" basis. You therefore use the Niche Academy Service at your own risk. Niche Academy expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Niche Academy makes no representations or warranties:

  •  That the Niche Academy Service will be permitted in your jurisdiction;
  •  That the Niche Academy Service will be uninterrupted or error-free;
  •  Concerning any content submitted by any member;
  •  Concerning any third party's use of content that you submit;
  •  That any content you submit will be made available on the Niche Academy Service or will be stored by Niche Academy;
  •  That the Niche Academy Service will meet your business or professional needs;
  •  That Niche Academy will continue to support any particular feature of the Niche Academy Service; or
  •  Concerning sites and resources outside of the Niche Academy Service, even if linked to from the Niche Academy Service.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Niche Academy Service, and no warranties shall apply after such period.

13. Limitation of Liability

To the fullest extent permitted by law: (i) Niche Academy shall not be liable 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; and (ii) Niche Academy's total liability to you shall not exceed the amounts paid by you to Niche Academy over the twelve (12) months preceding your claim(s).

14. Compliance Notice Pursuant to 18 U.S.C. § 2257

All pictures, graphics, videos, and other visual media displayed on the Niche Academy Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. Niche Academy is not the primary producer of the visual content contained in the Niche Academy Service.

15. General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of Utah, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: Any action arising out of or relating to this Agreement or your use of the Niche Academy Service must be commenced in the state or federal courts located in Utah County, Utah, United States of America (and you consent to the jurisdiction of those courts). In any such action, Niche Academy and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Niche Academy in exercising any right hereunder will waive any further exercise of that right. Niche Academy's rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Niche Academy's prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Niche Academy electronically. Niche Academy may provide all such communications by email or by posting them on the Niche Academy Service. For support-related inquiries, you may contact us. Nothing herein shall limit Niche Academy's right to object to subpoenas, claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Niche Academy on the Niche Academy Site or a written amendment signed by an authorized representative of Niche Academy. A revised Terms of Service will be effective as of the date it is posted on the Niche Academy Site.

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

  •  Privacy Policy
  •  Copyright and DMCA Policy

This Agreement constitutes the entire understanding between Niche Academy and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

Contacting Us

If there are any questions regarding these terms of service you may contact us using the information below.

Niche Academy
1170 Industrial Park Drive
Orem, Utah 84057
info@nicheacademy.com

Last Edited on 2016-05-05