Last updated on: June 13th, 2018
a. Welcome to nichiate.com operated by HubRiver d.o.o. (“Nichiate”, “we” or “us”). The Nichiate Service is commercial computer software developed exclusively at private expense.
b. By clicking “I accept” or using the services offered on or through
1. 1. “Subscriber” means the individual or entity that subscribes to the Nichiate Service to establish a Membership Community.
2. 2. “Membership Community” means the website created by the Subscriber and provided through the Nichiate Service or through a white label
3. 3. “Member” means any individual that has access to the Membership Community.
3. The Nichiate Service
4. Members’ Use of the Nichiate Service
By using the Nichiate Service, Members expressly agree to the following:
i. Your user account will be accessed through a user ID and password that you will create (your “ID”). You are responsible for maintaining the confidentiality of your ID, and you are fully and solely responsible for all activities that occur under your ID. It is up to you to take adequate precautions with your ID, and to immediately notify Nichiate of any unauthorized use of your ID.
ii. You shall provide accurate, true and current information as prompted during the user account registration process and shall keep it current at all times.
If you encounter any difficulties, please contact our support listed on the website for help.
iii. Your ID is unique to you and cannot be shared with any other Member or person. You shall not share your ID or any other login credentials with any other person or publicly disclose it.
iv. You shall notify Nichiate immediately of any breach of security or unauthorized use of your user account.
v. Although Nichiate will not be liable for your losses caused by unauthorized use of your user account, you may be liable for the losses incurred by Nichiate due to such unauthorized use.
vi. You represent and warrant that all posted data, text, links, video files, photos, or any other content (collectively, the “User Content”) that you post to the Nichiate Service shall be your wholly original material (except for material that you are using with the permission of its owner), and does not infringe, misappropriate or violate any copyright, trademark or other rights of any third party including any rights of privacy or publicity.
vii. You shall be solely responsible for keeping a duplicate copy of all User Content; we do not accept any responsibility or liability for the loss of your User Content.
viii. You shall not post User Content that is hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages unlawful conduct.
ix. You shall not submit material that is copyrighted, protected by trade secret or otherwise subject to intellectual property rights or third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Nichiate all of the license rights granted herein.
x. You shall not use the Nichiate Service for any illegal or unauthorized purpose.
xi. You shall not attempt to hack, destabilize or adapt the Nichiate Service or its source code.
xii. You shall not use the Nichiate Service to transmit worms, viruses or any code of a destructive nature.
xiii. You shall not, without our prior express written permission, use any high volume automated means (including robots, spiders and scripts) to access the Nichiate Service.
xiv. You agree not to collect or harvest any personally identifiable information, including account names, from the Nichiate Service.
xv. You are solely responsible for obtaining and maintaining all equipment and services needed for your access to and use of the Nichiate Service and for paying all charges related thereto.
xvi. Any comments, suggestions, or feedback relating to the Nichiate Service (collectively, “Feedback”) submitted to Nichiate shall become the property of Nichiate. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to Feedback. We will be entitled to use Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending Feedback.
xvi. Nichiate will make sure to erase any personal data when processing the Feedback information.
xvii. You shall not abuse, harass, threaten, harm or impersonate other Nichiate users or Members or employees of Nichiate or any of its partners, at any time or for any reason.
xviii. You understand that when using the Nichiate Service, you will be exposed to User Content provided by other users or Members and you agree that Nichiate is not responsible for the accuracy, safety, appropriateness or intellectual property rights of or related to such content.
xix. You shall not use the Nichiate Service to send spam or commercial or other messages, including e-mails, to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Nichiate Service you must comply with all applicable laws and regulations, including (a) laws that apply in any jurisdiction to cookies, other tracking technologies, and spam and marketing practices, and (b) any applicable marketing association guidelines on ethical marketing practices.
xx. You shall not use the Nichiate Service for any competitive or benchmarking purposes, including monitoring the availability or functionality of the Nichiate Service.
5. Subscribers’ Use of Nichiate service
By using the Nichiate Service, Subscribers expressly agree to the following:
i. You shall be solely responsible for all activity associated with the Membership Community, including any User Content and all activities of your Members.
ii. You represent and warrant that all User Content that your Members post to the Nichiate Service shall be their wholly original material (except for material that is being used with the permission of its owner), and does not infringe any copyright, trademark or other rights of any third party including any rights of privacy or publicity.
iii. You agree not to collect or harvest any personally identifiable information of your Members, including account names, from the Nichiate Service.
iv. You are solely responsible for obtaining and maintaining all equipment and services needed for your Members’ access and use of the Nichiate Service and for paying all charges related thereto
6. License Grant
b. By submitting User Content to the Nichiate Service, you hereby grant Nichiate a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content for the sole purpose of operating and performing the Nichiate Service for the Subscriber. You also grant each Member you authorize a non-exclusive license to access your User Content through the Nichiate Service and to use, reproduce, distribute, display and perform such User Content.
7. User Content
8. Our Proprietary Rights
9. Premium Services; Designated Users; Refunds Policy
a. Your access to the Nichiate Service may be dependent on your subscription to the Nichiate Service or on the subscription of the Subscriber who pays certain fees to Nichiate (“Premium Services”). As such, the Premium Services offered by Nichiate depend on the terms of that subscription.
b. If you purchase Premium Services, you agree to pay us the applicable subscription fees and taxes. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). Nichiate is allowed to store your payment information.
c. Subscription fees must be paid for in advance unless agreed to otherwise in writing. Payments for subscriptions are non-refundable. If you cancel the Premium Services, you agree to still pay these subscription fees through the end of the applicable subscription period. There will be no refunds or credits for any time period where the Membership Community is not used or accessed or when any Member or prospective Member fails to use or access the Membership Community. You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services
d. If the Subscriber (including you, if applicable) ceases to pay the fees due to Nichiate, Nichiate may cease to provide you access to the Nichiate Service and/or terminate your Membership Community. Similarly, if the terms of the subscription to the Nichiate Service
change, you may experience changes to the features or capacity of your account. Taxes are calculated based on the billing information that you provide us at the time of purchase
10. Designated Users
11. Cancellation and Termination
a. Membership Community
i. Subscriber is solely responsible for properly cancelling the Membership Community. Subscriber can cancel a Membership Community at any time by e-mailing
b. Member’s User Account
i. Member may terminate your user account by contacting the Subscriber and requesting that your user account and ID be revoked or cancelled. Nichiate is not responsible for and cannot
13. Copyright Policy
a. Nichiate has adopted a policy of terminating, in appropriate circumstances, Subscribers and Members who are repeat infringers. Nichiate may also, at its sole discretion, limit access to the Nichiate Service and/or terminate the user accounts of any Members who infringe or misappropriate any intellectual property rights of others, whether or not there is any repeat infringement or misappropriation.
14. Third-Party Websites, Advertisers, or Services
15. Indemnification; Remedies
c. The indemnification obligations in this section apply even if due to any Nichiate indemnitee’s negligence or other fault, breach of contract or warranty, or strict liability without regard to fault.
16. No Warranty
The Nichiate service is provided on an “as is” and “as available” basis with no commitment to any future functionality or features. Use of the Nichiate service is at your own risk. The Nichiate service is provided without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Nichiate, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the Nichiate service will meet your requirements; that the Nichiate service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Nichiate service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Nichiate service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download. Nichiate does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by you or a third party through the Nichiate service or any hyperlinked website or service, or featured in any banner or other advertising, and Nichiate will not be a party to and is not responsible in any way for monitoring any transaction between you and third-party providers of products or services.
17. Limitation of Liability
A. All members:
I. Nichiate and its affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential, punitive or special damages, whether based in tort, contract, or otherwise, including loss of profits, data, use, goodwill, or other intangible losses, resulting from or in any way related to (a) your access to or use of or inability to access or use the Nichiate service; (b) any conduct or content of you, any member, or any third party on the Nichiate service, including any defamatory, offensive or illegal conduct of other members or third parties; (c) any content obtained from the Nichiate service; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Nichiate has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
B. Subscribers: Nichiate and its affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential, punitive or special damages, whether based in tort, contract, or otherwise, including loss of profits, data, use, goodwill, or other intangible losses, resulting from or in any way related to (i) your access to or use of or inability to access or use the Nichiate service; (ii) any member’s access to or use of or inability to access or use the Nichiate service (iii) any conduct or content of you, any member, or any third party on the Nichiate service, including any defamatory, offensive or illegal conduct of any members or third parties; (iii) any content obtained from the Nichiate service; and (iv) unauthorized access, use or alteration of your, or any of your members’ transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Nichiate has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
18. Controlling Law Jurisdiction; Deadline to Bring Claims
19. Entire Agreement; Waiver; Modification; Severability
20. Electronic Communication and Electronic Signatures; Notices
21. Payments; Taxes
or collect any taxes for which you are responsible, Nichiate has the right to do so and you will pay such amounts or provide proof acceptable to Nichiate that such taxes are not due.
22. Relationship of the Parties; Assignment
23. Headings; Construction.