These Terms of Services govern ALL the sites operated by Internet Marketing Solutions SARL
IMS Internet Marketing Solutions SARL, swiss based company releases product, services and other related internet marketing training and products,
subject to your compliance with the terms and conditions set forth
below. The following terms are applied to ALL our services and sales (as long as you're paying to IMS Internet Marketing Solutions SARL through Paypal or other means, these terms are applied)
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. NichesInABox.COM MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Ethiccash.COM, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to
ethiccash.COM a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to ethiccash.COM by all
means and in any media now known or hereafter developed. You also
grant to ethiccash.COM the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
Ethiccash.COM for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of
ethiccash.COM. Other product and company names
mentioned in the Site may be the trademarks of their respective
2. Use of our Sites.
You understand that, except for information, products or services
clearly identified as being supplied by ethiccash.COM,
ethiccash.COM does not operate, control or endorse any information, products or
services on the Internet in any way. Except for
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
ethiccash.COM a. You also understand that
ethiccash.COM cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. NICHESINABOX.COM PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND NichesInABox.COM SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
NICHESINABOX.COM DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
NichesInABox.COM HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
RIGHTS CONCERNING THE SITES, THE PLR ARTICLES, THE EBOOK, THE SPECIAL REPORT, THE PAGE GENERATOR MODULE AND SOURCE FILES
The sites provided are for your own and private use.
You have no right to resell them, to give them away. The copyright owner is JP Schoeffel. If you register a domain name to resell the site, it cannot be done in auction sites, and in forums. In all cases, you can't resell a site given within this offer under your own domain name less than 12 months after the purchase. If you're not a member of NichesInABox.com anymore, then you can not resell these sites, even after a 12 months period. PLR articles provided with the sites are for your private use. You have the right to put your name on them, to make any editing you want. You have no reselle rights or giveaway right to any of them under any circumstances. You cannot transfer private label right to anyone. You can use these articles on your site (those provided in the monthly package or anyother site YOU OWN), on your blogs, for your autoresponder, to write reports, ebooks. But remember, if you use these articles for anything else than web content or blog content or autoresponder messages, you cannot resale them, nor transfer any rights to them (private label, resale rights, master resale right to them) unless the final content use 80% of your own original content. That is to say, the PLR articles you use to produce your report and ebook can't exceed 20% (in number of words, even if original articles have been edited) of the final product if you want to sell it. In any case, can you claim copyright to these articles unless you have completly rewritten them. Sites you could eventually produce with my Niche Builder System (PHP Page builder, templates, scripts, control panel) are for your own and private use. In no case you are granted the right to resell them, to give them away. JP. Schoeffel is the copyright owner of this tools and scripts and you don't have resell rights on these scripts. So you can't resell sites created with these tools, as they are part of the final product. This is a strong limitation. Sites can be purchased only FROM JP. Schoeffel and sites within the Ethiccash.com network.In doubt, no rights of any sort come with Niches in a box content. All the tools, scripts, sites, articles, keyword lists, links pages are for your own and exclusive private use. Concerning the Ebook and the special report you receive each month : you are granted Non Transferable Private Label Rights to the ebook. This means you can put your name on it, edit it, change its content, title. You can sell the ebook for any price you want. You can not transfer the PLR to anyone (they have to be purchased from NichesInABox.com), this means you have no right to upload the source files (word, PSD) to your server for your customers to download. You can not transfer the Resell Rights to anyone ; this means your customers may never have a copy of the sales letter, and the total number of vendors can't different of the number of members in Niches In A Box. You can not claim copyright to this material unless you rewrite it. Here are your rights for the ebookResale Rights
- Product refers to : Ebook, Special Report, Sales letter, GraphicsYou can instantly resell the product for as long you remain a paid subscriber. This means, that you can not resell the ebook and / or use the special report as soon as you unsubscribe of Niches In A Box We set a standard selling price for the products and ask you to adopt this price (or more) : $17. This helps maintain the value of the products for the benefit of all our members. You cannot pass the resale rights to your customers. You cannot give the ebook away. You can give away the special report You cannot sell the product in auction sites, like eBay.comę, etc. You cannot include the product to membership sites. You cannot package the product with other products (this also means it cannot be used as a bonus for any other offer)
- You must include your resale rights license file when selling/distributing the product
Private Label Rights
You may edit the source file/s and create a new product or improve the existing one/s for as long you remain a paid subscriber..
For ebooks: You can use the content of the source files for creating your own articles, ebooks, reports, posts in blogs, etc. You cannot sell the source files as they are, that is: the .doc, .rtf files and/or the graphics.
You may omit our Copyright Notice if you create your own promotional materials (website, graphics, deliverable files) and in general change the layout and appearance of the product.
But you don't own the copyright. Only our company owns the copyright to this content. You can resell the product(check Resale rights above). The above terms related to the Resale Rights License apply.
You can not pass the resale rights to your customers.
- You can not transfer the Private Label Rights
Concerning the monthly updates : each month's topic will be updated 3 times in a row, once a month.
- This update includes update of the keyword lists (raw keywords). We guarantee that we will make the search for new keywords and that we will never use previous files. All files will be newly created, but we do not guarantee any % of difference between any of the updates. It depends on providers of keywords, and on the importance of searched keywords on this market. We reserve the rights to stop the updates if no significant changes are found on a monthly basis
- Your subscription must be active in order to download the updates.
- For NichesInABox.com You will be billed every 30 days, based on the date you first subscribed to Niches-In-A-Box.com. For example, if you joined the 17th of June, your next payment will be due the 17th of July, and so on.Once a payment is rejected it is tried 4 days laterOnce a payment is rejected twice, your subscription to niches-in-a-box will be cancelled, and you will have to renew it manually if you want to stay a member of Niches in a box (this is to prevent from fraud attempt with Paypal - consider it as a measure to protect customers)
- If you joined using a coupon, or during a promotional offer, you will not be able to join under the same conditions if you unsubscribe to the service and then re-subscribe, or if your subscription is cancelled due to breaking these TOS, or due to payment failure
- For other services released by IMS SARL, please check within the sales letter the payment terms.
- Some products will come with guarantee, some without any refund guarantee.This is your responsability to check each product to be sure if a guarantee can be applied. A Guarantee is not automatically applied to our products. A service can have a given level with a 30-day guarantee and other levels or special offers (only available to customers for example) no guarantee.
- For subscription based products / services, you can cancel at any time without any redemption period. All our subscription payments are managed through Paypal and you are responsible to cancel the payment with Paypal directly since this is managed through a 3rd party. You just need to locate the subscription in your paypal account and click the Cancel button. For privacy reasons, we do not cancel subscription in your Paypal account.
- In all cases, if a guarantee is applied for a product / service, this guarantee will not be valid during special offer or event that is time limited and / or with a discount on the regular price. For example, if a product is priced $100 and the special offer is $90 during a limited time, then guarantee will not apply.Same applies if you purchase using a discount coupon. Product or service that comes with a bonus (such as free packages, or comped membership access) will not be refunded if those bonuses were claimed (for example if you get an extra Niches-In-A-Box package, then no refund is offered). Guarantee does no apply if you got a package installed by our service (for Niches-In-a-Box). You may only claim a refund to Niches-In-A-Box service if you've not claimed any of the bonus, nor accessed the comped membership, nor used the install service.
- There will be no exception to these rules.
- Yearly / Lifetime plans are not refundable. They are usually highly discounted compared to monthly retail price. Do not order them if you're new to it or if you're not sure what you're doing. They come with a big discount over the regular retail price as well as a big bonus BUT they are non refundable. Which is why they are usually offered to existing customers who know they want such a deal. No exception.
Access to Niches-In-A-Box components:
- access to all part of Niches-In-A-box member's area is only granted to paid members with an active subscription. As soon as your subscription is cancelled, your access to all niches-in-a-box members will be terminated (it includes but not limited to: autoresponder service, training center, new content, blog fusion, private forum, traffic engine...)
Summary of rules for Niches-In-A-Box:
- you can give the report away
- you cansell the ebook for $17 and more
- you can use the content only on your websites
- you can offer the ebook inside a membership as long as your member gets this ebook for their private use only with absolutely no other rights (no right to edit it, to resell it...) and if the membership fees are at least $17
- license is only valid online. It does not expand to offline uses. You cannot create offline derivatives products based on NIAB content.
LIMITATION OF LIABILITY
IN NO EVENT WILL NichesInABox.COM BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF NichesInABox.COM OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, NichesInABox.COM LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
NichesInABox.COM makes no representations whatsoever about any other
web site which you may access through this one or which may link to
this Site. When you access a non-NichesInABox.COM web site, please
understand that it is independent from NichesInABox.COM, and that
NichesInABox.COM has no control over the content on that web site. In
addition, a link to a NichesInABox.COM web site does not mean that
NichesInABox.COM endorses or accepts any responsibility for the content,
or the use, of such web site.
You agree to indemnify, defend and hold harmless NichesInABox.COM, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of NichesInABox.COM and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance
with the laws of Switzerland applicable to agreements
made and to be performed in Switzerland. You agree that any legal
action or proceeding between NichesInABox.COM and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in Switzerland . Any cause of action or claim you
may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. NichesInABox.COM's failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. NichesInABox.COM may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.
If you have any questions, feel free to use our Help Desk
This site is governed by the following terms and conditions :
Copyright 2006 Ethiccash.com & - All rights reserved Worldwide