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Terms of Use

 

Last Updated December, 2010

 

The terms and conditions set forth in this terms of use notice (the “Terms of Use”) shall govern your visit to and use of the Web sites provided by Mississippi First, Inc. (“MSF,” “us,” “our,” or “we”), including (http://www.mississippifirst.org/) and all sub domains of such Web sites, as well as all services related to such Web sites (such Web sites and services, collectively, the “Site”). By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.

General

We reserve the right to change the terms and conditions of these Terms of Use. We will announce any such changes by posting a revised draft of these Terms of Use on the Site. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of this page. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review these Terms of Use periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which are hereby incorporated herein by this reference. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.

We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

If you have any questions regarding the meaning or application of this Agreement, please direct your questions to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Interactions with Site Users

You are solely responsible and liable for (and MSF shall not be responsible or liable for) your interactions with other Site users. MSF is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise (“Communications”), between you and any other Site user, or any disputes arising therefrom. You agree to release MSF, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Communications or disputes between you and any other Site user. You also agree to indemnify MSF, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents against any costs, including attorneys fees, incurred in having to respond to or defend all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Communications or disputes between you and any other Site user.

Site Conduct

The Site is intended to be used for lawful purposes only, and only for purposes relevant to the content available through the Site. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. Decisions as to whether such content violates our standards may be made in our sole discretion, after we have actual notice of such posting. 

You may not post or transmit any material or content on or through the Site:

§ that violates or infringes in any way upon the rights of others;

§ that solicits, encourages, or promotes the use of illegal substances or activities;

§ which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;

§ that is protected by copyright, trademark, trade secret or any other proprietary right;

§ that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or

§ that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.

You may not post or transmit on or through the Site:

§ advertising or commercial solicitations;

§ promotional materials relating to other Web site or online services which are competitive with us and/or the Site;

§ software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component;

§ political campaign materials; chain letters; mass mailings; spam mail;

§ any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents; or

§ any material, non-public information about a company without the proper authorization to do so.

In connection with your use of the Site, you may not:

§ engage in, or encourage or provide instructional materials relating to, any activity on the Site that restricts or inhibits any other user from using or enjoying the Site such as “hacking,” “cracking,” “spoofing,” or defacing any portion of the Site;

§ harvest or collect information about Site visitors or Members without their express consent;

§ use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;

§ reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;

§ create a database by systematically downloading and storing Site content;

§ frame or mirror any part of the Site without our prior written consent;

§ interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;

§ impersonate any person or entity, including any representative of MSF;

§ falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;

§ modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or

§ remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site. 

Copyright

Copyright 2010 Mississippi First, Inc. All rights reserved.

This Site and the contents of the Site are intended for your personal use. The Site contains copyrighted material, including text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the “Site Content”). This Site is protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws. MSF and third party content providers also own copyrights in the original content on the Site. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Site Content. Subject to your compliance with these Terms of Use, you may download or copy one copy of the Site Content for your personal, noncommercial use only, provided that you do not change or delete any author attribution, trademark, legend, copyright notice, or other proprietary notices. You agree that you cannot download, copy or use Site Content for uses other than your personal, noncommercial use without the express prior, written consent of us and, as applicable, our licensor(s). You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not use any meta tags or any other hidden text utilizing our names or trademarks without our express written consent. 

Trademarks

Other marks, graphics, typefaces, trade names and logos appearing on the Site may also be trademarks, service marks or trade dress of MSF. All other trademarks appearing on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of MSF’s trademarks, service marks or trade dress, and our trademarks, service marks and trade dress may not be used in any manner for any purpose without our express written consent in each instance.

License

Please note that, because we host Community/Share and other forums on the Site and therefore redistribute materials you give us, we need to obtain certain rights in those materials. You hereby grant to us a royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers), irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner any content, material and/or your name posted on the Site (collectively, the “Material”), and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting or sending Material to the Site you represent and warrant that (1) no other party has any rights to the Material or that you have all rights necessary to grant the rights granted hereunder, (2) the Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any Material, and (3) your provision of the Material to and through the Site, complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the Material that you may have under any applicable law under any legal theory.

Third Party Services and Content

The Site contains services and content supplied by parties other than MSF (such services and content, collectively, “Third Party Services,” and such third parties, “Third Party Providers”), including Third Party Services that connect Site users with third party vendors (“Third Party Vendors”).

Any opinions, advice, judgments, statements, services, offers, or other information or materials expressed or made available by any Third Party Provider or Third Party Vendor, including through any Third Party Service, are those of the respective author(s) or distributor(s) and not of MSF. We are not responsible for such information or materials, including errors or omissions in such information or materials or results obtained by using such information or materials, and shall not be liable for any loss or damage caused by your reliance on such information or materials. MSF does not guarantee the accuracy, completeness, or usefulness of any Third Party Services or such information or materials, nor their merchantability or fitness for any particular purpose.

You are solely responsible and liable for (and MSF shall not be responsible or liable for) your Communications with Third Party Providers and Third Party Vendors. MSF is not involved in, a party to, or responsible for any Communications between you and any Third Party Provider or Third Party Vendor or any disputes arising therefrom. Any such Communications and disputes are specifically and solely between you and the applicable Third Party Provider or Third Party Vendor. Any warranties or representations made with regard to any Third Party Provider, any Third Party Vendor, the conduct of any Third Party Provider’s or Third Party Vendor’s business, or any products or services featured on any Third Party Service, are made by the applicable Third Party Provider or Third Party Vendor, and not by MSF. You agree to release, and indemnify against the costs including legal fees of, MSF, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any communications or disputes between you and any Third Party Provider or Third Party Vendor. We do not endorse any Third Party Provider or Third Party Vendor, nor do we guarantee the quality of their goods or services, the information that they provide through the Site, or the conduct of their respective businesses. We encourage you to conduct your own research and due diligence into the Third Party Providers and Third Party Vendors.

Certain Third Party Services may require you to provide additional information in order to use them and/or may collect additional information from you while you are using them (for example, by engaging in Communications with Third Party Providers or Third Party Vendors in connection with such Third Party Services). The collection and use of such additional information may be governed by the privacy policies of the applicable Third Party Provider, and MSF urges you to review any such privacy policies.

YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK.

Third Party Sites Linked to and From the Site

We may, for your convenience, provide you with links to other Web sites from the Site (each, a “Linked Site”). You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by any Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. You acknowledge and agree that we do not control and are not 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 content, goods or services available on any Linked Site.

Other Web sites may provide links to the Site with or without our authorization. We do not endorse any such site, and are not and shall not be responsible or liable for any links from any such site to the Site, any content, advertising, products or other materials available on any such sites, or any loss or damages incurred in connection with any such site. MSF shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

YOU AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH LINKED SITE AND SUCH MATERIALS.

Disclaimer of Warranty; Limitation of Liability

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT MSF, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF MSF OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MSF NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we cannot guarantee its absolute security, completeness or correctness, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms of Use. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it @ This e-mail address is being protected from spambots. You need JavaScript enabled to view it . This e-mail address is being protected from spambots. You need JavaScript enabled to view it with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

Monitoring; Removal of Content

We have the right, but not the obligation, to monitor the content and use of the Site, including Community/Share, to determine compliance with these Terms of Use and any other operating rules established by us, or for any other reason or purpose.

We reserve the right, in our sole discretion, to edit, refuse to post, or remove any content or materials submitted to or posted on the Site, for any reason, including if we find such material to be in violation of these Terms of Use or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our Members and visitors; to comply with legal obligations or governmental requests; or for any other reason or purpose.

Indemnification

You agree to defend, indemnify, and hold harmless MSF, its affiliates and its third party service providers, and their respective directors, officers, employees, owners, licensors and agents, from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of (a) your breach of these Terms of Use; (b) your activities in connection with the Site or any services related to the Site (including Third Party Services); and/or (c) Communications and #mce_temp_url#disputes between you and any other Site user or third party (including any Third Party Provider or Third Party Vendor). We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.

Termination

Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including your membership in the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and Member name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. The following sections will survive any termination of these Terms of Use: “Interactions with Site Users,” “Submissions,” “Copyright,” “Trademark,” “License,” ” Third Party Services and Content,” ” Third Party Sites Linked to and From the Site,” “Disclaimer of Warranty; Limitation of Liability,” “Indemnification,” “Termination” and “Miscellaneous.”

Privacy

See the Privacy Policy.

Miscellaneous

These Terms of Use, our Security and Privacy Policy and any operating rules for the Site established by us constitute the entire understanding between you and us with respect to the use of the Site. We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Persons who choose to access and use this Site are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

These Terms of Use shall be construed in accordance with the laws of the State of Mississippi, without regard to its conflict of laws rules. You agree to exclusive jurisdiction by the federal and state courts located in Hinds County, Mississippi, and waive any jurisdictional, venue or inconvenient forum objections to such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Notices to you may be made via posting to the Site (including by posting such notices or providing links to such notices), by e-mail, or by regular mail, in our discretion. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. MSF will not be responsible for failures to fulfill any obligations due to causes beyond its control. The section headings used herein are for convenience only and shall not be given any legal import. As used herein the term “including” means “including,” and the term “include(s)” means “include(s), without limitation.” You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms of Use is found to be unenforceable for any reason, than that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Our Address

P.O. Box 1159

Jackson, MS 39215-1159

http://www.mississippifirst.org/

Permissions

If you are interested in reproducing any Site Content, you will need our permission, which we may approve or deny in our sole discretion. Please send your request to:

Mississippi First, Inc.

P.O. Box 1159

Jackson, MS 39215-1159

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