By using the "Something Amiss" website, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules.
All information contained on this site is copyright (c) 2016 except where otherwise noted, all rights reserved. The information contained on this site may not be copied, published, distributed, broadcast or otherwise used for any purpose whatsoever without the prior written permission from "Something Amiss". Direct request to email@example.com.
3. PROFESSIONAL ADVICE
No information on "Something Amiss" is intended as, or shall be construed as, constituting expert advice of any kind.
"Something Amiss" is not responsible for typographical , editing, media or news source errors.
4. DISCLAIMER ON CONTENT
Readers expressly understand, consent and agree to the fact that "Something Amiss" disclaims any responsibility or liability for the accuracy, completeness, legality, reliability or other aspects of information or content on this website.
"SOMETHING AMISS" DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE INFORMATION ON THIS WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW, AND DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED IN THE WEBSITE. "SOMETHING AMISS" SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE.
READERS, BROSWERS, VISITORS AND OTHERS TO "SOMETHING AMISS" EXPRESSLY UNDERSTAND AND AGREE THAT 'SOMETHING AMISS" DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE WEBSITE, AND DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.
"Something Amiss" may contain links to third-party materials that are not owned or controlled by it. Something Amiss does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from "Something Amiss", you do so at your own risk, and you understand that this disclaimer/agreement and do not apply to your use of such web, blog or other cyber sites. You expressly relieve "Something Amiss" from any and all liability arising from your use of any third-party website, service, or content, including without limitation user content submitted by others to "Something Amiss".
Readers, browsers, visitors and other to the "Something Amiss" website agree to defend, indemnify and hold harmless "Something Amiss" from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (2) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (3) your violation of any applicable law, rule or regulation; (4) any content without limitation that proves misleading, false, or inaccurate; (5) your willful misconduct.
By using the "Something Amiss" website you agree to indemnify "Something Amiss". and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the website, or your submission of ideas, articles, manuscripts, news items and/or related materials to "Something Amiss". By using the "Something Amiss" website, or submitting any ideas, articles, manuscripts, news items and/or related materials to "Something Amiss", you are hereby agreeing to release "Something Amiss" and its founders, subsidiaries, affiliates, officers, employees, writers and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the "Something Amiss" or to any disputes regarding use of ideas and/or related materials submitted to "Something Amiss". You hereby agree to waive all laws that may limit the efficacy of such releases.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL "SOMETHING AMISS" BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL "SOMETHING AMISS" BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 'SOMETHING AMISS" ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF INFORMATION ON THE "SOMTHING AMISS" WEBSITE; (3) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (4) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE "SOMETHING AMISS" WEBSITE; AND/OR (5) DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL 'SOMTHING AMISS", BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF 'SOMETHING AMISS" HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL 'SOMETHING AMISS", ITS EMPLOYEES, OFFICERS, WRITERS, CONTRACTORS, OR PRINCIPALS BE LIABLE TO ANY USER'S USE OR MISUSE OF AND RELIANCE ON THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF "SOMETHING AMISS" OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE'SOMETHING AMISS". SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED THROUGHT THE "SOMETHING AMISS" WEBSITE.
UNDER NO CIRCUMSTANCES SHALL 'SOMETHING AMISS" OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
7. EXTERNAL LINKS
'SOMETHING AMISS" may provide, or third parties may provide, links to other sites or resources located on the Web by allowing a user to leave "Something Amiss" website to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. "Something Amiss" has no control over such sites and resources. You acknowledge and agree that "Something Amiss" is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that "Something Amiss" shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through "Something Amiss", including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that "Something Amiss" shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
8. NO LICENSE OR THIRD PARTY INTELLECTUAL PROPERTY OF SOMETHING AMISS AND OTHERS
Except as expressly provided, nothing within the "Something Amiss" website shall be construed as conferring any license under any of "Something Amiss" or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the "Something Amiss" website is protected by copyright, trademark, patent, or other proprietary rights of "Something Amiss" and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by "Something Amiss" in connection with its website.
9. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the "Something Amiss" website must be filed within six (6) months after such claim or cause of action arises, or forever be barred.
10. FAIR USE
"Something Amiss" publishes excerpts and summaries from copyrighted works under Fair Use, which allows the use of copyrighted materials for purposes of commentary and criticism for the public interest. "Something Amiss" transforms summaries of the original copyrighted work into a new format and adds new information and value in the form of commentary or criticism.
"Something Amiss" has no intention to compete with the original copyrighted content. Rather, it is "Something Amiss'" intention to promote such content and deliver readers to such content. Accordingly, when "Something Amiss" cites a copyrighted work for commentary, analysis, satire or criticism, "Something Amiss" acknowledges the original source. The original publishers benefit from such mention in terms of delivered audience, attention and potential advertising revenues, for which "Something Amiss" requests absolutely no payment or consideration.
11. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of the "Something Amiss" to respond expeditiously to claims of intellectual property infringement. "Something Amiss" will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, "Something Amiss" will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Email address: firstname.lastname@example.org
12. ARBITRATION, GOVERNING LAW AND MILIEU FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the "Something Amiss" website, all legal issues arising from or related to the use of the website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of Mexico applicable to contracts entered into and wholly to be performed within said country. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the "Something Amiss" shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Mexico, and judgment on the arbitration award may be entered into in any state or federal court in Mexico having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court Mexico having jurisdiction thereof. Except as set forth above, the state and federal courts of Mexico shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the "Something Amiss" website. By using the "Something Amiss" website and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Mexico with respect to all such disputes.
13. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN THE SOMETHING AMISS WEBSITE
"Something Amiss" reserves the right to modify the website from time to time, for any reason, and without notice, including the right to terminate the website. "Something Amiss" reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
14. NON-WAIVER AND SEPARABILITY
Something Amiss' failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
15. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
16. SUBMISSIONS OF IDEAS, ARTICLES, OP-ED PIECES OR OTHER MATERIAL
"Something Amiss" is always improving its website and developing new features and options. Any reader, browser, visitor or other who has ideas regarding improvements or additions to the "Something Amiss" website is welcome to submit with the caveat that any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA, ARTICLE, OP-ED PIECE OR SUCH SUBMITTED TO "SOMETHING AMISS" BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING AN IDEA, ARTICLE, OP-ED PIECE OR SUCH TO SOMETHING AMISS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE ARTICLE, OP-ED PIECE OR SUCH AND ARE REPRESENTING AND WARRANTING TO SOMETHING AMISS THAT THE ARTICLE, OP-ED PIECE OR SUCH SUBMITTED ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE ARTICLE, OP-ED PIECE OR SUCH SUBMITTED AND THAT SOMETHING AMISS IS FREE TO IMPLEMENT THE ARTICLE, OP-ED PIECE OR SUCH SUBMITTED AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED OR EDITED OR OTHERWISE ALTEED BY SOMETHING AMISS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
You hereby agree that all content you submit to "Something Amiss", via web forms, email to the editor, email to employees, phone calls, Skype, social media or any other form of communication shall become the sole property of "Something Amiss" and may be used by "Something Amiss" in any way whatsoever, without limitation.
17. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of "Something Amiss" and its website, "Something Amiss" reserves the right to pursue any and all legal and equitable remedies against you.