Terms of Service Legal version:
:TheCosmicEdge.com runs blogs and websites (including but not limited to: TheCosmicEdge.com, EconoVentures.com, TheMissingFAQs.com, TheMissingWiki.com, SiamSensations.com, EnglishW5.com, EslWith.me, FAQtWiki.com, TheMissingFAQs.info, TeacherRon.com) and contribute articles elsewhere (taken together, The Provider) and are pleased with your interest in participating in them. The Provider’s basic service is free, and we offer paid upgrades for advanced features. Our service is designed to give you as much control of your input as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, vulgarity, or serious threats of violence) appear on your behalf.
: All of the trademarks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited in the articles of the The Provider are the property of their respective owners. Their use here does not imply that you may use them for any purpose other than for the same or a similar informational use as contemplated by the original authors under the CC-BY-SA and GFDL licensing schemes. Unless otherwise stated The Provider’s sites are neither endorsed by nor affiliated with any of the holders of any such rights and as such The Provider cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk.
Free Services – No contract; limited license:
Please make sure that you understand that the information provided here is being provided freely, and that no kind of agreement or contract is created between you and the owners or users of this site, the owners of the servers upon which it is housed, the individual The Provider contributors, any project administrators, sysops or anyone else who is in any way connected with this project or sister projects will be subject to your claims against them directly. You are being granted a limited license to participate in this site; it does not create or imply any contractual or extracontractual liability on the part of The Provider or any of its agents, members, organizers or other users.There is no agreement or understanding between you and The Provider regarding your use or modification of the free access information beyond the Creative Commons Attribution-Sharealike 3.0 Unported License (CC-BY-SA) and the GNU Free Documentation License (GFDL); neither is anyone at The Provider responsible should someone change, edit, modify or remove any information that you may post on The Provider’s sites or any of its associated projects.
The Provider’s sites contain material which may portray an identifiable person who is alive or deceased recently. The use of images of living or recently deceased individuals is, in some jurisdictions, restricted by laws pertaining to personality rights, independent from their copyright status. Before using these types of content, please ensure that you have the right to use it under the laws which apply in the circumstances of your intended use. You are solely responsible for ensuring that you do not infringe someone else’s personality rights.
Jurisdiction and legality of content:
Publication of information found in The Provider’s sites may be in violation of the laws of the country or jurisdiction from where you are viewing this information. The Provider’s database is stored on servers in the United States of America, and is maintained in reference to the protections afforded under local and federal law. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. The Provider does not encourage the violation of any laws, and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce or republish the information contained herein.
Not professional advice:
If you need specific advice (for example, medical, legal, financial or risk management), please seek a professional who is licensed or knowledgeable in that area.
If you find material on TheMissingFaqs.com website that you believe violates these Terms of Service, please visit our dispute resolution & reporting page.
Encompassing Terms of Service:
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by The Provider, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of some of our Services requires a TheMissingFaqs.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Your TheMissingFaqs.com Account. If you contribute to a blog or questions or comments on TheMissingFaqs.com, you are responsible for maintaining the security of your account and credentials, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with you actions. You must immediately notify The Provider of any unauthorized uses of your account, or any other breaches of security. The Provider will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you contribute to a blog, comment on a blog, post material to TheMissingFaqs.com, post links on TheMissingFaqs.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using TheMissingFaqs.com, you represent and warrant that your Content and conduct do not violate these terms or the User Guidelines. By submitting Content to The Provider you grant The Provider a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for purposes of display and promoting TheMissingFaqs.com. This license allows The Provider to make publicly-posted content available to third parties selected by The Provider so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other TheMissingFaqs.com users permission to share your Content on other TheMissingFaqs.com websites and add their own Content to it (aka to reblog your Content), so long as they do not act in a manner that constitutes plagiarism and they give you credit as the original author by linking back to your original input. If you delete Content, The Provider will use reasonable efforts to remove it from TheMissingFaqs.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, The Provider has the right (though not the obligation) to, in The Provider’s sole discretion, (i) reclaim your username or contributions due to prolonged inactivity, (ii) refuse or remove any content that, in The Provider’s reasonable opinion, violates any of The Provider policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of TheMissingFaqs.com to any individual or entity for any reason. The Provider will have no obligation to provide a refund of any amounts previously paid.
We may use a third party to measure The Provider’s audience and usage. By hosting your site on TheMissingFaqs.com, you agree to assign the traffic relating to your website to The Provider and authorize us to sign a Traffic Assignment Letter on your behalf for audience measurement reports. Your website’s traffic will be included under The Provider. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party. If we or our chosen third party require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests.
The Provider reserves the right to display advertisements on all site content.
Payment and Renewal.
General Terms. Optional paid services such as extra storage or domain purchases are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay The Provider the monthly or annual subscription fees or fixed fee indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. You can read about our refund policy here.
Unless you notify The Provider before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time using the links in the “Renewal Pending” notifications.
Responsibility of Visitors.
The Provider has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, The Provider does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Provider disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TheMissingFaqs.com links, and that link to TheMissingFaqs.com. The Provider does not have any control over those non-TheMissingFaqs.com websites, and is not responsible for their contents or their use. By linking to a non-TheMissingFaqs.com website, The Provider does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Provider disclaims any responsibility for any harm resulting from your use of non-TheMissingFaqs.com websites and webpages.
Copyright Infringement and DMCA Policy.
As The Provider asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TheMissingFaqs.com violates your copyright, you are encouraged to notify The Provider in accordance with Automattic’s Digital Millennium Copyright Act (“DMCA”) Policy. The Provider will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Provider will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Provider or others. In the case of such termination, The Provider will have no obligation to provide a refund of any amounts previously paid to The Provider.
This Agreement does not transfer from The Provider to you any The Provider or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with The Provider. The Provider, WordPress, TheMissingFaqs.com, The Provider’s logo, and all other trademarks, service marks, graphics and logos used in connection with TheMissingFaqs.com or our Services, are trademarks or registered trademarks of The Provider or Automattic’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any The Provider or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
The Provider may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TheMissingFaqs.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
Our Services are provided “as is.” The Provider and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Provider nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Limitation of Liability.
In no event will The Provider, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Provider under this agreement during the twelve (12) month period prior to the cause of action. The Provider shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and The Provider reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless The Provider, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between The Provider and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Provider, or by the posting by The Provider of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Provider may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- In the event there appears to be ambiguity between items ‘2 through 5’ and ‘the subsequent items’ in this agreement, the latter shall prevail.
This document is adapted from the generously provided Terms of Service at WordPress.com with specific excerpts from Wikipedia.com ToS that apply to TheMissingWiki.com
- 16-11-2016: Initiated
- 20-02-2017: Incorporated localized version of WordPress.com ToS