Thank you for visiting the Flag Island MS (“FIMS”) Website. We have set up some ground rules to ensure that we can keep this area useful and safe for everyone. FIMS reserves the right to change these guidelines and disclaimers at any time, and you agree that each visit you make to the FIMS Website shall be subject to the guidelines as they are current at the time of your visit.
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
1. Restrictions on Use
All pages within this Website and any material made available for download
(collectively the "Site") are the property of FIMS and/or its
affiliates. The Site is protected by federal and international copyright and
trademark laws. No portion of the materials on these pages may be reprinted,
republished, modified, or distributed in any form without the express written
permission of FIMS except for your own personal use or the internal use of your
business. You shall keep intact any proprietary notices, including copyright
notices, contained on any downloaded materials and shall comply with any
applicable end user license agreements.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by FIMS.
2. Trademark Notice
FlagIslandMS and FlagIslandMS.com are the logos, trademarks, and service marks
of FlagIslandMS, LLC. All other trademarks, service marks and logos used in this
Site are the trademarks, service marks or logos of their respective owners.
3. Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY
SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND
HYPERLINKED WEBSITES.
FIMS, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although FIMS attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform FIMS so that it can be corrected. Information contained on the Site may be changed or updated without notice.
4. Links or Pointers to Other Sites
Certain links on this Site lead to resources located on servers that are not
maintained by FIMS or under its control. FIMS is not responsible for the
contents of any such referenced websites or for the availability of access to
such websites.
FIMS makes no representations whatsoever about any other website that you may access through this Site. When you access a non-FIMS website, please understand that it is independent from FIMS, and that FIMS has no control over the content on that website. In addition, a hyperlink to a non-FIMS Website does not mean that FIMS endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
5. Website Ownership and Consent to Monitoring
Information, text, graphics, software, and other content that make up this Site
("Content") reside on a computer operated by FIMS or its
representative. Anyone accessing this Site consents to monitoring of this access
and use by system or security personnel.
6. Monitoring Of Access
Access to this Site is monitored. The requesting URLs, the machine originating
the request, and the time of the request are logged for access statistics and
security purposes. Use of this Site constitutes consent to such monitoring.
7. Availability of Services and Products
Information FIMS publishes on the World Wide Web may contain references or cross
references to FIMS products, programs and services that are not announced or
available in your country. Such references do not imply that FIMS inteFIMS to
announce such products, programs or services in your country. Consult your local
FIMS business contact for information regarding the products, programs and
services which may be available to you.
8. Use of Other Websites
FIMS makes no representations whatsoever about any other website, which you may
access through this one. When you access a non-FIMS website, please understand
that it is independent from FIMS, and that FIMS has no control over the content
on that website. In addition, a link to a non-FIMS website does not mean that
FIMS endorses or accepts any responsibility for the content, or the use, of such
website. It is up to you to take precautions to ensure that whatever you select
for your use is free of such items as viruses, worms, trojan horses and other
items of a destructive nature. IN NO EVENT WILL FIMS BE LIABLE TO ANY PARTY FOR
ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS
WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY
LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR
INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
9. No Endorsement
The inclusion on this Site of any link to another website, or any reference to
any product or service by trade name, trademark, manufacturer, or otherwise,
does not necessarily constitute or imply an endorsement or recommendation by
FIMS.
The descriptions of, and references to, products, services and companies on this Website are the sole responsibility of the companies providing the information ("advertisers"), and not FIMS.
10. Disclaimer
The Content included in this Site has been compiled from a variety of sources
and is subject to change without notice as are any products, programs,
offerings, or technical information described in this Website. FIMS makes no
representation or warranty whatsoever regarding the completeness, quality, or
adequacy of the Site or Content, or the suitability, functionality, or operation
of this Website or its Content. By using this Site, you assume the risk that the
Content on this Site may be inaccurate, incomplete, offensive, or may not meet
your needs and requirements. FIMS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB
PAGES AND CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL FIMS BE
LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF
FIMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Disclaimer- -Of Liability
This disclaimer of liability applies to any damages or injury 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, alteration of, or use of record,
whether for breach of contract, tortious behavior, negligence, or under any
other cause of action. You specifically acknowledge that FIMS is not liable for
your defamatory, offensive, infringing or illegal materials or conduct, or that
of third parties, and FIMS reserves the right to remove such materials from the
FIMS Site without liability.
FIMS makes no warranty with respect to documents or other information available from this Site, assumes no legal liability or responsibility whatsoever for the accuracy, completeness, or usefulness of any such information, and does not represent that its use would not infringe privately owned rights. FIMS disclaims all warranties, express and implied, including the warranties of merchantability and fitness for a particular purpose.
12. Disclaimer- -Site Content Copyrighted
The contents of the FIMS Site pages, including, but not limited to text,
graphics, and icons, are copyrighted materials owned or controlled by FIMS and
contain FIMS name, trademarks, service marks, and trade names. You may download
one copy of these materials on any single computer and print a copy of the
materials for your use in learning about, evaluating, or acquiring FIMS services
or products. No other permission is granted to you to print, copy, reproduce,
distribute, transmit, upload, download, store, display in public, alter, or
modify these materials. No permission is granted here to you to use FIMS icons,
site address, or other means to hyperlink other Internet sites with any page in
the FIMS Site.
13. Disclaimer- -No Responsibility For Links
The FIMS Site contains links to and frames of sites which are not maintained by
FIMS. While we try to include only links to or frames of those sites which are
in good taste and safe for our visitors, we are not responsible for the content
of those sites and cannot guarantee that sites will not change without our
knowledge, and inclusion of such links and frames in the FIMS Site does not
imply FIMS’ endorsement of the linked or framed sites or their content.
14. Uploaded and Transferred Materials
The FIMS Site sometimes requires or invites users to upload and/or transfer
artistic materials, including but not limited to personal and non-personal
photographs and personal and non-personal stories. By making such upload or
transfer of information and materials to FIMS, you hereby fully consent to its
full, complete and unrestricted use of such material, including but not limited
to your name and identification for use on the FIMS website and its additional
promotional materials. All submissions whether uploaded or transferred by any
method become the sole and exclusive property of FIMS for use on the FIMS
website and all other mediums of media whether known or unknown. You hereby
agree that any artistic materials, and copyrights thereto, uploaded to the FIMS
Site become the property of FIMS upon receipt by FIMS. Any submissions may be
used to determine the Flag Island Girl Calendar. If your submission is chosen as
Flag Island Girl Calander , you agree that your submission and information may
be used for any and all purposes in promoting FIMS and FlagIslandMS.com. Your
consent to these terms and conditions constitutes a full release of liability to
FIMS for all uses of your inherent Right of Publicity and Right of Privacy.
15. Indemnification- -Uploaded Materials
By uploading photographs, stories or other artistic materials, you represent and
warrant that you own said materials without encumbrance and have the right and
power to transfer said materials and any copyrights thereto. You further
represent and warrant that, that you have the right and power to license to FIMS
the use of the name, image and likeness of any subject, living or dead, embodied
in any materials uploaded to FIMS.
You agree to indemnify and hold FIMS harmless from and against any and all damages, liabilities, costs and expenses (including reasonable attorney’s fess) incurred by FIMS as a result of any third party claim arising out of a breach or alleged breach by you of any representation, warranty or provision under this Terms of Conditions of Use. In the event of such a claim against FIMS, FIMS shall have the right to defend and settle any such claim with counsel of its own selection.
16. Void Where Prohibited
Although the information on this Website is accessible worldwide, not all
products or services discussed in this Website are available to all persons or
in all geographic locations or jurisdictions. FIMS and the advertisers each
reserve the right to limit the provision of their products or services to any
person, geographic area, or jurisdiction they so desire and to limit the
quantities of any products or services that they provide. Any offer for any
product or service made in the materials on this Website is void where
prohibited.
These Terms and Conditions of Use are governed by the laws of the State of California, and you agree to submit to the exclusive jurisdiction of the courts of the State of California with respect to any legal action arising under or relating to the Terms and Conditions of Use.
17. Choice of Law and Venue
These Terms and Conditions of Use are entered into in the State of Mississippi
and shall be governed by and construed in accordance with the laws of the State
of Mississippi exclusive of its choice of law rules. Each party to these Terms
and Conditions submits to the exclusive jurisdiction of the state and federal
courts sitting in the County of Rankin in the State of Mississippi, and waives
any jurisdictional, venue, or inconvenient forum objections to such courts. In
any action to enforce these Terms and Conditions, the prevailing party will be
entitled to costs and attorney fees. In the event that any of the Terms and
Conditions are held by a court or other tribunal of competent jurisdiction to be
unenforceable, those provisions shall be limited or eliminated to the minimum
extent necessary so that these Terms and Conditions shall otherwise remain in
full force and effect.
18. Entire Agreement
These Terms and Conditions of Use constitute the entire agreement between FIMS
and you pertaining to the subject matter of this agreement. In its sole
discretion, FIMS may modify these Terms and Conditions by posting the revised
version on this Site.
19. No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to FIMS that you will not
use the Site for any purpose that is unlawful or prohibited by these Terms and
Conditions.
20. Questions or Concerns
If you have questions or concerns about these Terms or Conditions please contact
Webmaster@flagislandms.com.
Your use of FlagIslandMS.com evidences your agreement to these Terms and
Conditions