All Gothic Marketplace | Individual Sellers | Quality Curated Brands, Artists & Creators

Terms and Conditions

OVERVIEW
This website is operated by NicheNoire. Throughout the site, the terms “we”, “us” and “our” refer to NicheNoire. NicheNoire offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove 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.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party
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SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall NicheNoire, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - SELLER REGISTRATION AND ACCOUNTS
This applies to sellers and prospective sellers.
To be eligible for a business account on our website under this Section 7, you must be operating a business and:
(a) if you are a sole trader, you must be at least 18 years of age; (b) if you are a partnership, you must be established under the laws of the country that your business is registered in; and (c) if you are a limited company or other limited liability entity, you must be incorporated in the country that your business is registered in.
You may register for a seller account with our website by creating an account in the seller portal and entering your business information under account details. 
You must keep your seller account information up to date.
You are not guaranteed a seller account. NicheNoire reserves the right to deny seller accounts to applicants who will not be a good fit for NicheNoire.

SECTION 15 - SELLER STORES
If you register with our website as a seller, you will be able to create your own [store] OR [stores] on the website.
Seller stores that are submitted will be automatically processed and then individually reviewed within 48 hours following submission.
Subject to the other provisions of these terms and conditions, we reserve the right to reject, unpublish and/or delete any seller store that breaches these terms and conditions or that does not meet any additional guidelines for seller stores published on our website.
If we permit the publication of a seller store, it will remain published on our website until it is closed by the seller or by NicheNoire, subject to these terms and conditions.
The main parameters that determine the relative prominence of stores when users search for stores or browse the store categories on our website are as follows:
(a) in relation to store searches, the extent to which the relevant title and description matches the relevant search terms; and (b) in relation to store category browsing, the filters applied by the user.

SECTION 16 - SELLER LISTINGS
If you register with our website as a seller and create a store on the website, you will be able to submit listings to the website.
Listings that are submitted will be automatically processed and also individually reviewed if necessary within 24 hours following submission.
Subject to the other provisions of these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website.
If we permit the publication of a listing, it will remain published on our website until it is removed by the seller or by NicheNoire, subject to these terms and conditions.
Listings submitted to our website must be true, fair, complete and accurate in all respects.
Listings submitted to our website must constitute bona fide listings relating to alternative and/or gothic products.
Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.
You must keep your listings up to date using our website interface; in particular, you must remove any listings in respect of products that have ceased to be available.
You must ensure that all prices specified in or in relation to a listing are in US dollars only.
The main parameters that determine the relative prominence of listings when users search for listings or browse the listings categories on our website are as follows: (a) in relation to listing searches, the extent to which the relevant title and description matches the relevant search terms; and (b) in relation to listing category browsing, the filters applied by the user.

SECTION 17 - SELLER DIFFERENTIAL TREATMENT

We will not treat our own stores and listings made available to consumers through our website differently from those made available by our other users by means of business seller accounts.

SECTION 18 - SELLER PRODUCT RULES
The only products that may be the subject of a listing on our website are products falling within the following categories: alternative and/or gothic products.
You must not use our website to advertise, buy, sell or supply services or intangible products.
You must not advertise, buy, sell or supply through our website any product that: (a) breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law; (b) consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4; or (c) is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right.

SECTION 19 - SELLER PRODUCT AVAILABILITY
NicheNoire utilizes additional distribution channels and affiliate programs through which we might offer the products of users with business seller accounts such as, but not limited to: social media profiles/shops and google.

SECTION 20 - TERMS AND CONDITIONS OF SALE
Sellers must use the website interface to create legal notices applying to their relationships with customers.
A seller must ensure that: (a) the seller's legal notices are sufficient to meet the seller's legal disclosure obligations and other legal obligations; (b) to the extent required by applicable law, the seller registers with relevant tax authorities and pays all relevant taxes in relation to the seller's product sales; and (c) the seller complies with all other laws applicable to their product listings and sales, including where applicable the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.
Except to the extent that a buyer and seller expressly agree otherwise (but subject to the mandatory requirements of applicable law), the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller: (a) the price for a product will be as stated in the relevant product listing; (b) delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the product listing; (c) unless otherwise stated on the the product listing page, deliveries of products must be made within 30 days following the date the contract of sale comes into force or such shorter period as the buyer and seller may agree; (d) appropriate means of delivery of products must be used by the seller; and (e) products must be of satisfactory quality, and must be fit for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer.
If the seller is a trader and the buyer is a consumer, the provisions of Section 17 shall be incorporated into the contract of sale and purchase between a buyer and a seller.
Both buyers and sellers undertake to comply with the agreed terms and conditions of sale and purchase.

SECTION 21 - DISTANCE CONTRACTS: CANCELLATION RIGHT
This Section 21 applies if and only if the seller is a trader (a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf) and the buyer is a consumer (an individual acting wholly or mainly outside his or her trade, business, craft or profession). Unless otherwise stated in the seller's shop policies, buyer may withdraw an offer to enter into a contract with a seller through our website or cancel a contract entered into with a seller through our website (without giving any reason for the withdrawal or cancellation) at any time within the period: (a) beginning upon the submission of the buyer's offer; and (b) ending at the end of 14 days after the day on which the goods come into the buyer's physical possession or the physical possession of a person identified by the buyer to take possession of them (or, if the contract is for delivery of multiple goods, lots or pieces of something, 14 days after the day on which the last of those goods, lots or pieces comes into the buyer's physical possession or the physical possession of a period identified by the buyer to take possession of them).
In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 21, the buyer must inform the seller of the buyer's decision to withdraw or cancel (as the case may be). The buyer may inform the seller by means of any clear statement setting out the decision. In the case of cancellation, the buyer may inform the seller by using the "Ask A Question" button on the sellers listing pages. To meet the cancellation deadline, it is sufficient for the buyer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.
If the buyer cancels a contract on the basis described in this Section 21, the buyer must send the products back to the seller (to the address specified by the seller on our website) or hand them over to the seller or a person authorized by the seller to receive them. The buyer must comply with this obligation without undue delay and in any event not later than 14 days after the day on which the buyer informs the seller of the decision to cancel the contract. The buyer must pay the direct cost of returning the products.
If the buyer cancels an order in accordance with this Section 21, the buyer will receive from the seller a refund of the amount you paid to the seller in respect of the order including the costs of delivery to the buyer, except: (a) if the item has already been shipped by the seller. In this case the shipping costs will not refunded; and (b) as otherwise provided in this Section 21.
If the value of the products returned by the buyer is diminished by any amount as a result of the handling of those products by the buyer beyond what is necessary to establish the nature, characteristics and functioning of the products, the seller may recover that amount from the buyer up to the contract price. The seller may recover that amount by deducting it from any refund due to the buyer or require the buyer to pay that amount direct to the seller. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
The seller will refund money using the same method used to make the payment, unless the buyer has expressly agreed otherwise. In any case, the buyer will not incur any fees as a result of the refund.
Unless the seller has offered to collect the products, the seller will process a refund due to the buyer as a result of a cancellation on the basis described in this Section  21 within the period of 14 days after the day on which the seller receive the returned products or (if earlier) after the day on which the buyer supplies to the seller evidence of having sent the products back. If the seller has not sent the products at the time of withdrawal or cancellation or has offered to collect the products, the seller will process a refund due to the buyer without undue delay and, in any case, within the period of 14 days after the day on which the seller is informed of the withdrawal or cancellation.
The buyer will not have any right to cancel a contract as described in this Section 21 insofar as the contract relates to: (a) the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by the buyer; (b) the supply of products the price of which is dependent upon fluctuations in financial markets which the seller cannot control and which may occur during the cancellation period; (c) the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications; (d) the supply of goods which are liable to deteriorate or expire rapidly; the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by the buyer, or goods that are clearly personalised; (f) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by the buyer; and (g) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

SECTION 22 - SELLER MARKETPLACE FEES
Marketplace sellers must pay to us the following amounts: commission in respect of each sale made through our website.
In respect of commission payable to us by sellers: (a) commission shall be payable at  the rate of 10% of aggregate sales value (b) we shall deduct commission due from amounts held or processed by us on behalf of the seller; and (c) commission payments are non-refundable, irrespective of whether a buyer subsequently cancels the underlying order and irrespective of whether a buyer is entitled to, or receives, a refund in respect of such an order.
All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
The seller acknowledges that we may be required by applicable law to make VAT-related or other tax-related deductions to payments processed by us on behalf of a seller under these terms and conditions. We may remit such deducted amounts to the relevant government or tax authorities. Within 5 days following the sending of a request by us to the seller, the seller must pay to us or reimburse us in respect of such amounts and, without prejudice to our other rights under these terms and conditions, we may deduct such amounts from payments due to the seller under these terms and conditions.
Promptly following receipt of a written request from us, you must supply to us any information and documentation that we may reasonably request in order to identify you or facilitate our compliance with our legal obligations relating to the taxation of payments made to us or processed by us under or in relation to these terms and conditions. We may supply such information and/or documentation to relevant government and tax authorities.
We may vary commission rates from time to time by posting new rates on our website, but this will not affect any liability to pay commission that accrues before the new rates are posted.

SECTION 23 - OUR ROLE
You acknowledge that: (a) we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them; (b) we do not check, audit or monitor the information contained in listings; (c) we are not party to any contract for the sale or purchase of products advertised on the website; (d) we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers; (e) we are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to the offer for sale or sale or purchase of any products advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.
The provisions of this Section 23 are subject to Section 13.

SECTION 24 - OUR RIGHTS TO USE YOUR CONTENT

  In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to reproduce, store and publish your content on and in relation to this website and any successor website
You may edit your content to the extent permitted using the editing functionality made available on our website.
Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

SECTION 25 - RULES ABOUT YOUR CONTENT
You warrant and represent that your content will comply with these terms and conditions.
Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these terms and conditions, must not: (a) be libelous or maliciously false; (b) be obscene or indecent; (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right; (d) infringe any right of confidence, right of privacy or right under data protection legislation; (e) constitute negligent advice or contain any negligent statement; (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; (g) be in contempt of any court or in breach of any court order; (h) be in breach of racial or religious hatred or discrimination legislation; (i) be blasphemous; (j) be in breach of official secrets legislation; (k) be in breach of any contractual obligation owed to any person; (l) depict violence in an explicit, graphic or gratuitous manner; (m) be pornographic, lewd, suggestive or sexually explicit; (n) be untrue, false, inaccurate or misleading; (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (p) constitute spam; (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or (r) cause annoyance, inconvenience or needless anxiety to any person.
Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet.
You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

SECTION 26 - REPORT ABUSE
 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
You can let us know about any such material or activity by email.

SECTION 27 - SUSPENSION AND RESTRICTION OF SERVICES
 If we decide to suspend and/or restrict your business seller account on our website: (a) we will provide to you contemporaneous or prior written notice of the suspension and/or restriction; (b) alongside that notice, we will provide to you a statement of the reasons for the suspension and/or restriction, unless we are under a legal or regulatory obligation not to do so; and (c) if you would like to contest the suspension and/or restriction, you may do so by writing to us using the contact details set out in these terms and conditions.
Subject to the other provisions of this Section 27, if we decide to suspend and/or restrict your account on our website, we may do so at any time in our sole discretion by giving you written notice of such suspension and/or restriction.
Where we suspend or restrict access to our website or services, you must not take any action to circumvent such suspension or restriction (including without limitation creating and/or using a different account).

SECTION 28 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless NicheNoire and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 29 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 30 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 31 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 32 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 33 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 34 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@nichenoire.com.