2. LEGAL DISCLAIMER
3. PRIVACY POLICY
4. AFFILIATE AGREEMENT
5. CHAT ROOM/FORUM USE
AGREEMENT
1. WEBSITE/EZINE TERMS OF USE
If you do not agree to the Terms of Use, discontinue using the site immediately!
By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site.
Restrictions on Use of Materials
Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of nicheadsensesite.com or of other owners used with their permission.
Database Ownership, License, and Use
nicheadsensesite.com warrants, and you accept, that nicheadsensesite.com is the owner of the copyright of the Databases of Links to articles and resources available from time to time through http://www.nicheadsensesite.com. nicheadsensesite.com and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.
nicheadsensesite.com grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.
You agree to use information obtained from nicheadsensesite.com's databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.
Liability
The materials in this site are provided "as is" and without warranties of any kind either express or implied. nicheadsensesite.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. nicheadsensesite.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. nicheadsensesite.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not nicheadsensesite.com assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall nicheadsensesite.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if nicheadsensesite.com or a nicheadsensesite.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall nicheadsensesite.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to nicheadsensesite.com and such information should not be relied upon as all-inclusive or accurate.
Links and Marks
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of nicheadsensesite.com and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by nicheadsensesite.com or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of nicheadsensesite.com or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from nicheadsensesite.com, and all information to which you have access through password-protected areas of nicheadsensesite.com's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Other Legal Stuff
These Terms of Use will apply to every access to http://www.nicheadsensesite.com. nicheadsensesite.com reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from nicheadsensesite.com will be a separate, discrete transaction based on the then prevailing terms.
This Terms of Use and the license granted may not be assigned or sublet by You without nicheadsensesite.com's written consent in advance.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Malaysia, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate nicheadsensesite.com and/or its affiliates' intellectual property rights, nicheadsensesite.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Malaysia, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Wooster, Malaysia. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Wooster, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
Termination
These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all http://www.nicheadsensesite.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at nicheadsensesite.com's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other http://www.nicheadsensesite.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
Note:
Any information on the web site can change at any given time because of
updating and deleting of old information or adding new information.
2. LEGAL DISCLAIMER
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT/EZINE AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL
ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS
WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES
ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES,
IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR
IDEAS AND TECHNIQUES IN OUR MATERIAL.
3. PRIVACY POLICY
Last Updated: January 1st, 2008
nicheadsensesite.com strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience. We may use Personally Identifiable Information (your name, e-mail address, street address, telephone number) subject to the terms of this privacy policy. We will never sell, barter, or rent your email address to any unauthorized third party. Period."
How we gather information from users
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. You may provide information when you participate in sweepstakes and contests, message boards and chat rooms, and other interactive areas of our site. Like most Web sites, nicheadsensesite.com also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.
What we do with the information we collect
Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your information with anyone.
Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you individually.
We may use Personally Identifiable Information collected on nicheadsensesite.com to communicate with you about your registration and customization preferences; our Terms of Service and privacy policy; services and products offered by nicheadsensesite.com and other topics we think you might find of interest.
Personally Identifiable Information collected by nicheadsensesite.com may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.
Affiliated sites, linked sites and advertisements
nicheadsensesite.com expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a nicheadsensesite.com page, certain content that is actually created or hosted by a third party. Also, through nicheadsensesite.com you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. nicheadsensesite.com is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. nicheadsensesite.com does not control the use of this technology by third parties or the resulting information, and is not responsible for any actions or policies of such third parties.
You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of nicheadsensesite.com and this policy.
Children
nicheadsensesite.com does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe nicheadsensesite.com has any information from or about anyone under 13, please contact us at the address listed below.
Contacting Us.
We can be reached by contacting:
nicheadsensesite.com
Email: sales@nicheadsensesite.com
Changes to this Policy
nicheadsensesite.com reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
Governing law
This policy and the use of this Site are governed by International law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Malaysia. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Malaysia, under the rules of the Malaysia Federal Law. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
nicheadsensesite.com is controlled,
operated and administered entirely within nicheadsensesite.com. This statement
and the policies outlined herein are not intended to and do not create
any contractual or other legal rights in or on behalf of any party.
4. AFFILIATE AGREEMENT
This agreement describes the entire terms and conditions for participation in the nicheadsensesite.com Affiliate Program.
In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to nicheadsensesite.com site.
Affiliate Site
Paydotcom.com will create a unique URL for you when you submit a complete Affiliate Enrollment Form.
Commissions
You will receive 50 to 75% of the revenue as a commission from orders placed through your Affiliate Site (unless noted otherwise for a particular product) less the charges outlined by Paydotcom.com in their agreement . For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered. Commissions will only be paid on sales that are made through qualified Affiliate links.
Payment
We will send a paypal payment for the applicable commissions within the framework of their policies. If any order that generated a referral fee is returned by the customer, or if there are any returned checks or charge backs, the amount will be deducted by Paydotcom.com from the next payment due affiliate.
Order Fulfillment
nicheadsensesite.com will be solely responsible for processing every order placed by a customer on the Affiliate Site. You are not authorized to sell any of these products from your site as a "reseller" and no "resale" rights are granted in ANY way on these products unless otherwise noted.
Customers
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of nicheadsensesite.com. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. nicheadsensesite.com policies will always determine the price paid by the customer.
Qualification for Commissions
Affiliates must have an active link from their website to their Affiliate link in order to qualify for commissions.
Qualifying Sites
nicheadsensesite.com reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the Affiliate Program include sites which:
· Promote sexually explicit materials
· Promote violence
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
· Promote illegal activities
· Violate intellectual property rights
Unsolicited Commercial Email or SPAM
nicheadsensesite.com in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the nicheadsensesite.com Affiliate Program, with no refund.
Bottom line: If you spam you’re out!
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict this statement.
Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either nicheadsensesite.com or you may terminate this Agreement at any time, with or without cause or notice. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the nicheadsensesite.com and all nicheadsensesite.com trademarks and logos, other nicheadsensesite.com Marks and all other materials provided in connection with this Agreement.
We may reject your application or terminate you if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason, including, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable, such as sites that:
· Promote sexually explicit materials;
· Promote violence;
· Promote discrimination based on sex, religion, nationality, disability, sexual orientation, or age;
· Promote illegal activities; or
· Infringe or otherwise violate any copyright, trademark, or other intellectual property rights.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under to this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We reserve the right to change or end this affiliate program at anytime without notice.
Disputes
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Wooster, Malaysia. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Malaysia, under the rules of the Malaysia Federal Law. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Mediation will be shared equally by each of us.
Assignment
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
Miscellaneous
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with Paydotcom.com,
you acknowledge that you have read this agreement and agree to all its
terms and conditions. You have independently evaluated this program and
are not relying on any representation, guarantee or statement other than
as set forth in this agreement.
CHAT ROOM/FORUM USE AGREEMENT
Message boards/chatrooms are like any other organized gathering of people; there are rules of etiquette that everyone is expected to follow. We aim to foster the widest possible range of different, vibrant discussions with diverse viewpoints. In light of this goal, your experience is bound only by a set of common sense rules that ask you to be civil and show respect for others when you are online.
You agree, through your use of this The Niche Adsense Site, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of ANY law.
This is not the place for the airing of personal vendettas with other people, the naming of other people you may have an on going disagreement with or the identification of those other people by inference.
Legal actions can be taken against you by anyone named or referred to in this way.
You also agree not to post any copyrighted material unless you own the copyright or you have consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also inappropriate to this The Niche Adsense Site.
Note that it is impossible for the The Niche Adsense Site to confirm the validity of posts on this forum/chat room. Please remember that the messages are not monitored before they are posted and the The Niche Adsense Site is not responsible for the content of the messages.
The site does not warrant the accuracy, completeness or usefulness of any information presented. The messages express the views of the author, are not necessarily the views of the The Niche Adsense Site.
Anyone who feels that a posted message is objectionable is encouraged to notify the administrator of this forum immediately. The The Niche Adsense Site has the right to remove objectionable content, within a reasonable time frame, if it is thought that removal is necessary. This is a manual process however, so please realize that we may not be able to remove or edit particular messages immediately. This policy goes for member profile information as well.
You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless this forum/chat room, and any related websites to this forum/chat room. The The Niche Adsense Site also reserves the right to reveal your identity (or any information we have about you) in the event of a complaint or legal action arising from any information posted by you.
You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password out to another member, for your protection and for validity reasons. You also agree to NEVER use another member's account to post messages or browse this forum/chat room.
After you register and log into the The Niche Adsense Site, you can fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information we deem inaccurate or vulgar will be removed.
Please note that with each post, your IP address is recorded, in the event that you need to be banned from this The Niche Adsense Site or your ISP contacted. This will only happen in the event of a major violation of this agreement.
Thank you for agreeing to these terms and joining the The Niche Adsense Site.
If any items on the site offend anyone please contact the site as soon as possible. http://www.nicheadsensesite.com
Justniaga Enterprise.
40160 Shah Alam, Selangor, Malaysia.
Tel: +603.7845.1417.