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.
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.
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 2010 Mississippi First, Inc. All rights reserved.
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.
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.
Monitoring; Removal of Content
P.O. Box 1159
Jackson, MS 39215-1159
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