Terms and Conditions

Samms Media Group or “SMG” operates, along with sammsmediagroup.wordpress.com, the following public-facing websites or “Sites”:

The Noisy Mouse
(thenoisymouse.wordpress.com),
The Stories After
(thestoriesafter.wordpress.com), and
Gerald Samms Studio
(gsamms.wordpress.com).

Throughout this Site, the terms “we,” “us” and “our” refer to all SMG affiliate Sites. SMG offers all of the aforementioned Sites, including all information, tools and services available from these Sites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Your use of the Sites and associated products and services, regardless of media, is subject to the Terms and Conditions; the disclaimers set forth below and to all applicable laws and regulations. In addition, SMG reserves the right to terminate access to the Sites for any reason and to take any other actions that SMG, in its sole discretion, believes to be in the interest of the Sites and some or all of its users and customers. SMG reserves the right to modify these disclaimers, terms, and conditions of access, without advance notice.

This is a binding contract between SMG and you. By accessing the Sites, you hereby accept this agreement.  As a material condition of such use, you warrant that you have provided accurate and complete information in any communication with SMG.

Our Sites are under constant development. This Agreement may, therefore, be modified and updated on an ongoing basis.

Access

Access to the Sites is provided free of charge and does not create a professional services relationship or any other relationship with SMG.  The Sites are provided solely for your personal, non-commercial use.

You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Sites nor transfer to or store any data residing or exchanged over the Sites in any electronic network for use by more than one user unless you obtain prior written permission from SMG  Specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Sites.

Intellectual Property

The Sites, and all text and images contained on the Sites and in SMG’s products are protected by copyright law and other applicable laws and are the property of SMG, except as otherwise identified. All copyrights and trademarks not the property of SMG that are used or referred to in the Sites and SMG’s products are the property of their respective owners. Nothing contained in the Sites or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of SMG or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the Sites or other products may violate the law.  If you are a copyright owner and believe infringing material is present on any of the Sites, please refer to the procedures outlined below in the section titled “DMCA Copyright Infringement Claim Policy.”

SMG’s products, including third party and licensed materials on the Sites, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from SMG.

Comment Areas

SMG sites allow visitors to post comments on many stories (the “Comment Areas”).  For the avoidance of doubt, the Acceptable Use Policy and User Submission Policy set forth above are applicable to the Comment Areas.

The Comment Areas are designed to permit readers to share their ideas and opinions.  Information in the Comment Areas is provided by SMG and other contributors, some of whom may use anonymous screen names and are people not otherwise connected with us.  You acknowledge that a large volume of information is available in the Comment Areas and that people participating in such Comment Areas occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. SMG neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Comment Areas by third parties. The opinions expressed in the Comment Areas reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of SMG. SMG is not responsible for any errors or omissions in postings in the Comment Areas, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will SMG or its affiliates, be liable for any loss or damage caused by your reliance on such information obtained through the Comment Areas or any other part of the Sites.

SMG does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the Comment Areas or any other part of the Sites, except that (i) SMG may consolidate and edit for clarity any User Submission posted to the Comment Areas, (ii) SMG may inform registered users or third parties of particular content, ask for their response, or ask them to host discussions, and (iii) SMG reserves the right to monitor the Comment Areas and to remove any information that SMG, in its sole discretion, considers to be inappropriate or unlawful.

You acknowledge and agree that SMG has the right (but not the obligation) to monitor the Comment Areas and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to the Comment Areas); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Sites properly; to protect ourselves, our visitors, and the public; and to comply with legal obligations or reasonable governmental requests.

You acknowledge and agree that unless otherwise stated, all materials and information you post in the Comment Areas will be deemed to be provided to us on a non-confidential and non-proprietary basis.

User Submission Policy

Some of the Sites may allow users to upload, submit, and/or post images, text, video, profile information, comments, e-mails, or other data and information known as (“User Submissions”).  By uploading, creating, or submitting User Submissions to or on the Sites, or to SMG through any other means:

  • You affirm, represent and warrant that you own the right to utilize, to license and to sublicense the User Submissions;
  • You grant to each user of the Sites a non-exclusive license to access the User Submissions through the Sites and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Sites and under this Agreement;
  • You acknowledge and agree that SMG may elect, without notice, to distribute or make available the User Submissions via RSS or other automated or programmatic means;
  • You acknowledge and agree that User Submissions may be permanently maintained on SMG’s servers.  If you no longer wish for the User Submissions to be displayed on the Sites, please submit a written request to geraldsammsstudio(at)gmail(dot)com, and we will stop displaying the referenced User Submissions as soon as reasonably practical; and
  • You acknowledge that SMG is not responsible for, and cannot prevent, the publication or use of your User Submissions by any third parties who copied your User Submissions during the time in which it was displayed on the Sites.

For any User Submissions you post that you do not own, you guarantee to us that you have the legal right to post such User Submissions and that it will not violate any law or the rights of any person or entity. IN OTHER WORDS, AND AMONG OTHER THINGS, YOU WILL NOT POST USER SUBMISSIONS ON THE SITES YOU DO NOT OWN WITHOUT PERMISSION OF THE OWNER OF THE USER SUBMISSIONS, INCLUDING WRITTEN, PHOTOGRAPHIC, MUSIC AND VIDEO USER SUBMISSIONS.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Sites, and you agree not to engage in unacceptable use of the Sites, which includes, without limitation, use of the Sites to:

  • Harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
  • Post or transmit any User Submission that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
  • Purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
  • Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;
  • Impersonate any person or entity (including a Site agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Sites for such purpose;
  • Disseminate or transmit any User Submission that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
  • Violate any law (whether local, state, national, or international), whether or not intentionally;
  • Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Sites, or servers or networks connected to the Sites; or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
  • Post any User Submission related to partisan political campaigning or fundraising.
  • Express or imply that any statements you make are endorsed by us;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites;
  • Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Sites or the contents (except as expressly permitted by SMG);
  • Remove any copyright, trademark or other proprietary rights notices contained in the Sites;
  • ”Frame” or “mirror” any part of the Sites; or
  • Engage in any other activity deemed by the SMG to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.

You understand that by using the Sites, you may be exposed to content that may offend you or challenge your beliefs. Your remedy is to avoid such content by discontinuing your access.

Content and Non-Endorsement

Opinions and other statements expressed by users and third parties are theirs alone, not opinions of SMG. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The Sites and third parties may provide links to web pages, web sites, and various resources or locations on the web. SMG has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

Use of RSS Feeds

Some of the Sites may provide an RSS feed (the “Feeds”).  Individuals may use the Feeds free of charge for their personal, non-commercial use only. When using our Sites feeds, we ask that you provide attribution to us including at a minimum a linked logo, a link that returns to the original URL, and that you set the canonical tag to SMG.  SMG reserves the right to disable, to change, or to cease distribution of Feeds at any time, and reserves the right to require individuals to cease any and all use of the Feeds at any time for any reason. To request permission to make commercial use of the Feeds, please contact us at geraldsammsstudio@gmail.com.  We will consider such submitted requests, but is not obligated to grant any specific permission request.

Limitation of Liability and Us

SMG has worked to ensure the accuracy of the information it provides through its products and services, including through the Sites. This information frequently relies on data obtained from many sources, however, and SMG cannot guarantee the accuracy of the information provided or any analysis based thereon.

YOU EXPRESSLY AGREE THAT THE USE OF SMG’S PRODUCTS AND SERVICES, INCLUDING THE SITES, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND SMG MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SMG DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SITES OR FROM SMG, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM SMG NOT EXPRESSLY STATED IN THIS AGREEMENT.

EXCEPT AS OTHERWISE STATED, SMG MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITES OR ANY WEBSITE LINKED TO THE SITES. YOU AGREE THAT NEITHER SMG, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER SMG NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

SMG AND ITS REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER SMG WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, SMG’S LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.

SMG assumes no responsibility or liability arising from the content of the Sites nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Sites or accessed through the Sites. SMG also does not warrant that the functions or informational materials contained in or accessed or downloaded through our Sites are free of computer viruses or other harmful components. In addition, although we make a good faith effort to update the content of our Sites periodically, we do not have a duty to update information contained in our Sites, and we will not be liable for any failure to update such information.

The Sites make no representation that information content provided on Sites is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.

Indemnification

You agree to indemnify, defend and hold SMG and other representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms of Service; (b) any allegation that any User Submission infringes or otherwise violates the copyright or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Sites.

Special Agreement on Fee-Shifting and Choice of Law

If you attempt to bring any legal action against SMG based in any way on its products or services, including the Sites, you agree that, in the event you do not prevail or SMG does prevail, you will reimburse SMG for any costs and attorneys fees associated with their defense of the action.

The use of the Sites and any claim or dispute relating to the Sites shall be governed by the laws of Canada, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the courts located in Canada. Use of the Sites is unauthorized in any jurisdiction that does not affect all provisions of these Terms of Service, including without limitation this paragraph.

Severability

If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

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