NICHEMagazine.
Before you post.
Platform Description
NICHEMagazine ("the Platform," "we," "us," or "our") operates as a third-party, self-service exhibition site. Users are free to post and publish content in exercise of their rights to free speech and freedom of the press as recognized by the First Amendment to the United States Constitution, and in pursuit of their personal and creative goals.
NICHEMagazine functions in two distinct capacities:
- ◆As a paid promotion magazine for brands that contract directly with us for advertising and editorial placement; and
- ◆As a third-party, self-service exhibition platform for individual users who post their own content.
Brand Caution List
NICHEMagazine notifies users that the following brands have demonstrated restrictive intellectual property, trademark enforcement, or editorial-use policies that may expose users to legal action if their products are featured, photographed, or referenced without prior written authorization from the brand.
Before posting content involving any of the following, users are strongly advised to obtain written permission from the brand:
- ◆Hermès
- ◆Rolex
- ◆Patek Philippe
- ◆Chanel
- ◆Yves Saint Laurent (YSL)
- ◆Bottega Veneta
- ◆Balenciaga
- ◆Prada
- ◆Loewe
- ◆The Row
- ◆Louis Vuitton
- ◆Dior
- ◆Fendi
- ◆Gucci
- ◆Supreme
- ◆Off-White™
- ◆A Bathing Ape (BAPE)
- ◆Telfar
- ◆Brain Dead
- ◆Online Ceramics
- ◆Apple, Inc. and Apple-branded products
This list is non-exhaustive, is provided for user awareness only, and is not legal advice. Brand policies change frequently. Users remain solely responsible for verifying current restrictions before publication.
Limitation of Liability
NICHEMagazine is not responsible for any content a user voluntarily posts featuring brands or products not listed above, nor for content posted in violation of this notice. Users assume full and exclusive responsibility for:
- ◆Verifying the rights, permissions, and licensing status of any brand, product, logo, person, or copyrighted work appearing in their submission;
- ◆Obtaining model releases, sample loan agreements, talent waivers, and any other authorizations required by law or industry practice;
- ◆Any claim, demand, suit, or action arising from the publication of their content on the Platform.
Brand–User Disputes
NICHEMagazine is not a party to disputes between brands and users. Any disagreement, complaint, takedown request, or legal dispute concerning user-submitted advertisements or editorial features must be resolved directly between the affected brand and the user who posted the content.
In any such incident, NICHEMagazine will use commercially reasonable efforts to:
- ◆Facilitate communication between the parties;
- ◆Comply with valid legal notices, including takedown requests submitted under the Digital Millennium Copyright Act (DMCA) or comparable statutes;
- ◆Remove, restrict, or amend the disputed content as required by law or by Platform policy.
NICHEMagazine does not act as legal counsel for either party and makes no warranty as to the outcome of any dispute.
No Warranty
The Platform is provided "as is" and "as available," without warranty of any kind, express or implied. NICHEMagazine makes no representation regarding the legality of any user-posted content, the user's authority to publish it, or its fitness for any particular purpose.
Indemnification
By posting content to NICHEMagazine, the user agrees to indemnify, defend, and hold harmless NICHEMagazine, its affiliates, officers, employees, contractors, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to the user's content, the user's use of the Platform, or the user's breach of this notice.
Acknowledgment
By submitting content to NICHEMagazine, the user acknowledges that they have read, understood, and agreed to the terms of this notice.